The role of bail and pretrial detention in the reproduction of racial inequalities
Bibliographic Data
| ID | 12911795 |
|---|---|
| Authors | Michael Menefee (0000-0001-7122-8633, University of California, Berkeley, corresponding author) |
| Year | 2018 |
| Volume | 12 |
| Issue | 5 |
| Publication date | 2018-03-30 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Sociology Compass (JOURNAL) |
| Journal identifiers | ISSN: 1751-9020 • E-ISSN: 1751-9020 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/soc4.12576 |
| OpenAlex | W2794833992 |
| Language | EN |
| Citations received | 22 |
| References cited | 38 |
The role of bail systems in the United States has been understudied within the sociology of punishment. The use of monetary bail is pervasive in the United States, contributing to a rising number of pretrial detainees and, consequently, jail populations. Since 2000, 95% of the growth in jail populations has been the result of the growing number of people held in jail pretrial. Moreover, racial and ethnic minorities account for a disproportionate number of pretrial detainees. In this review, I first summarize the empirical literature on racial and economic disparities in the use of bail and pretrial detention , arguing that race and social class are important determinants of who is ultimately detained. I also highlight the literature on the downstream outcomes associated with pretrial detention, and several recent studies which suggest that pretrial detention has a causal effect on conviction. Second, I consider how inequalities in policing and arrests, in combination with pretrial processes, lead to cumulative disadvantages. Lastly, I highlight recent debates surrounding the use of pretrial risk assessment tools and whether they serve as panacea or pariah for mitigating discrimination in criminal processing
Conviction · Criminal justice · Criminology · Ethnic group · Inequality · Mass incarceration · Panacea (medicine · Political science · Punishment (psychology · Sociology · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Law · Law, Economics, and Judicial Systems · Psychology · Social Psychology
Layers of Bias
Disparities in the Pretrial Process
Technical Violations and Their Effects on Pretrial/Bond Supervision Outcomes
Occupational Attainment and Criminal Justice Contact
Punishing Neighborhood “Outsiders”
Sensible Pretrial Reform
Whose Job is It Anyway? Criminal-Legal Professionals’ and Community Members’ Perceptions of System Disparities
State-Sanctioned Violence
The predictive accuracy of prospective hot spot mapping and the race and ethnicity of street robbery victims
Pretrial risk assessment instruments in practice
Bail reform and pretrial release
How punitive is pretrial? Measuring the relative pains of pretrial detention
Pretrial jail experiences and the criminal justice legitimacy divide
Equitable Pretrial Justice for Indigenous Accused? Exploring the Role of Gladue at Bail
Policymaking and pretrial fairness
Does variation across judicial circuits matter? Examining the role of bail schedules and pretrial detention on drug case outcomes in Florida
Pretrial Detention and the Costs of System Overreach for Employment and Family Life
The (in)distinction between remand imprisonment and prison sentence
Institutionalizing inequality in the courts
Jurisdictional context and the (over)use of pretrial detention
Is the Process the Only Punishment
Exacerbating inequality over the life-course
Class, Race, Gender, and Crime
Children of the Prison Boom
Imprisoning CommunitiesHow Mass Incarceration Makes Disadvantaged Neighborhoods Worse
Racial and ethnic disparity in pretrial criminal processing
Human Decisions and Machine Predictions
The Unintended Impact of Pretrial Detention on Case Outcomes
Punishment and Inequality
The Rich Get Richer and the Poor Get Prison
The Color of Justice
Reassessing and Redirecting Research on Race and Sentencing
A New Look at Racial Profiling
Is Your Lawyer a Lemon? Incentives and Selection in the Public Provision of Criminal Defense
Is the Impact of Cumulative Disadvantage on Sentencing Greater for Black Defendants
Criminal Justice Through “Colorblind” Lenses
Collateral Consequences of Imprisonment for Children, Communities, and Prisoners
The effectiveness of public defenders in four Florida counties
Race, Drugs, and Policing
Racial and Ethnic Differences in Pretrial Release Decisions and Outcomes
The New Jim Crow
A Twenty-Hour-a-Day Job
Discrimination in a Low-Wage Labor Market
The Penology of Racial Innocence
Theorizing Discrimination in an Era of Contested Prejudice
The Impact of Incarceration on Employment during the Transition to Adulthood
Drug Use, Drug Possession Arrests, and the Question of Race
The Impact of Gender and Race-Ethnicity in the Pretrial Release Process
Incarceration and Stratification
The Mark of a Criminal Record
Structural bias in the sentencing of felony defendants
| Unique citing works | 22 |
|---|---|
| Citations per year | 3,14 |
| Citation span | 2019 - 2026 (8) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 22 |