Criminology and Criminal Justice Commons^™

The Impact Of Race, Gender, And Age On The Pretrial Decision, Tina L. Freiburger, Carly M. Hilinski

Peer Reviewed Publications

There is an abundance of studies that examine judicial discretion in the final sentencing stages; however, few have examined discretion in the early stages of court decisions. Pretrial release is especially concerning as it has been strongly correlated with a final sentence of incarceration and deprives defendants of their freedom. This study examined whether race, gender, and age influence judges’ decisions to detain or release a defendant prior to trial. The results indicate that females and younger defendants were less likely to be detained. Race was not significant after economic variables were included. When examining males and females separately, race …