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The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel
The Legal/Extra-Legal Controversy: Judicial Decisions In Pretrial Release, Ilene H. Nagel
Articles by Maurer Faculty
This study analyzes data for state criminal defendants prosecuted in New York to determine the bases upon which judges make pretrial release decisions for these defendants. Treating statutory law as defining the category of legal variables, it finds legal factors substantially affect decisions about whether to release a defendant on recognizance, the amount of bail required, and whether to offer a defendant a cash alternative to a surety bond. The impact of these factors varies, however, depending upon the particular decision being made. Factors not prescribed in the statute-extra-legal factors—are also found to affect these pretrial release decisions. Their impact, …
Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan
Methodological Issues In Court Research: Pretrial Release Decisions For Federal Defendants, Ilene H. Nagel, Robin Stryker, John Hagan
Articles by Maurer Faculty
Combining elements of “response as outcome” studies and “response as process” studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.