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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon Sep 2020

Examining Racial And Ethnic Disparity In Prosecutor’S Bail Requests And Downstream Decision Making, Connor Concannon

Dissertations, Theses, and Capstone Projects

Rigorous academic research into prosecutorial and judicial decision making has been taking place for over three decades, but a great deal remains unknown about the mechanics of prosecution. A majority of the work done by prosecutors occurs outside of public view, and most research focuses on the ‘back end’ of the adjudication process, leaving unanalyzed numerous decision points made upstream of the final plea and sentencing outcomes. Using unique data from the New York County District Attorney’s Office that tracks 43,971 felony complaints, this research examines racial and ethnic disparity at multiple decision points during case processing, with a focus …


Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe May 2020

Making Freedom Free: A Call For Bail Reform In America’S Broken Criminal Justice System, Jordan L. Sharpe

Undergraduate Theses and Capstone Projects

Studies have shown that in the past fifteen years, the number of people jailed in the United States has sharply increased, thereby continuing the upward trend of incarceration that erupted in the 1980s. Jail populations are steadily increasing; yet, in the past fifteen years, the number of people convicted of crimes has stayed the same. The reason for this phenomenon: individuals are forced to remain in jail not because they are deemed a threat to public safety, but because they cannot afford the cost of bail. This system has drastically deviated from its original purposes and now destroys lives by …


An Overview Of The Bail System In The United States And Its Discriminatory Components, Eleanor A. Coggins Mar 2020

An Overview Of The Bail System In The United States And Its Discriminatory Components, Eleanor A. Coggins

The Mid-Southern Journal of Criminal Justice

Currently, in the United States, the bail system is not being utilized the way that it was originally intended to be used. Research shows that it unfairly provides wealthier individuals more opportunities for success and those who are minorities and/or of low socioeconomic status are more likely to be convicted and face harsher sentences. Many factors influence a judge’s decision to grant bail; however, some of these factors are based on unfair stereotypes and are inherently discriminatory. While minority groups face discrimination within the bail system, Hispanic/Latino individuals face the most challenges in regard to the bail system in America. …


The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy Jan 2020

The Transparency Of Jail Data, William E. Crozier, Brandon L. Garrett, Arvind Krishnamurthy

Faculty Scholarship

Across the country, pretrial policies and practices concerning the use of cash bail are in flux, but it is not readily possible for members of the public to assess whether or how those changes in policy and practice are affecting outcomes. A range of actors affect the jail population, including: law enforcement who make arrest decisions, magistrates and judges who rule at hearings on pretrial conditions and may modify such conditions, prosecutors and defense lawyers who litigate at hearings, pretrial-service providers who assist in evaluation and supervision of persons detained pretrial, and the custodian of the jail who supervises facilities. …


Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson Jan 2020

Misdemeanors By The Numbers, Sandra G. Mayson, Megan T. Stevenson

All Faculty Scholarship

Recent scholarship has underlined the importance of criminal misdemeanor law enforcement, including the impact of public-order policing on communities of color, the collateral consequences of misdemeanor arrest or conviction, and the use of misdemeanor prosecution to raise municipal revenue. But despite the fact that misdemeanors represent more than three-quarters of all criminal cases filed annually in the United States, our knowledge of misdemeanor case processing is based mostly on anecdote and extremely localized research. This Article represents the most substantial empirical analysis of misdemeanor case processing to date. Using multiple court-record datasets, covering several million cases across eight diverse jurisdictions, …