Prosecutor‐Led Bail Reform

An Observational Case Study in Philadelphia

Bibliographic Data

ID6090214
AuthorsSarah D Jones (0009-0007-4134-1804, Department of Criminal Justice Temple University Philadelphia Pennsylvania USA, corresponding author)
Year2025
Volume47
Issue1
Publication date2025-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Policy (JOURNAL)
Journal identifiersISSN: 0265-8240 • E-ISSN: 1467-9930
PublisherWiley (PUBLISHER • GB)
DOI10.1111/lapo.12260
OpenAlexW4406605212
LanguageEN
Citations received4
References cited24

Jurisdictions nationwide have taken to implementing bail reform, with some pursuing the broad abolition of cash bail. Depending on the actor leading the reform, these efforts face differing obstacles to successful implementation. Philadelphia has been a leader in prosecutor‐led bail reform, as the progressive District Attorney's Office (DAO) implemented its second round of reform, which attempts to simulate a no‐cash bail system by limiting pretrial recommendations to either $999,999 bail or release. Drawing on observational case‐level data (n = 96) and the framework of sociolegal gap studies, the current study aims to document the policy's application. First, by capturing departures by the DAO and agreement by judicial magistrates, the presence of a gap between the policy's vision and its implementation is detected. Second, to understand why a gap may be occurring, responses to the policy are qualitatively analyzed. Findings demonstrate that guidelines were adhered to by the DAO and agreed to by judicial magistrates in only 16.7% of cases. Qualitative results suggest that the reform faces considerable challenges in implementation, including institutional resistance/hesitation and courtroom workgroup adaptations. This research, despite its convenience sampling and limited generalizability, has significant policy implications, both within Philadelphia and for the broader progressive prosecutor movement

Economics · Law and economics · Observational study · Political science · Crime Patterns and Interventions · Criminal Justice and Corrections Analysis · Law, Economics, and Judicial Systems · Medicine · Internal Medicine

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