Annotated Bibliography
Azari, A. M. (2019). The impact of pretrial supervision conditions: Evaluating pretrial release orders of one Colorado county. Web.
The article “The Impact of Pretrial Supervision Conditions: Evaluating Pretrial Release Orders of One Colorado County,” by Azari (2019), examines whether pretrial risk assessments minimize rearrests and failure to appear in courts. This study concludes that there are unique variations in the effectiveness of varying supervision conditions when preventing pretrial arrests and failure to appear. This source is credible, and I will use this study in my final paper due to its theoretical focus on contextual elements that could be applied more broadly.
Boldt, E. D., Boyd, C. L., Carlos, R. F., & Baker, M. E. (2021). The effects of judge race and sex on pretrial detention decisions. Justice System Journal, 42(3-4), 341-358. Web.
Boldt et al.’s (2021) article, “The Effects of Judge Race and Sex on Pretrial Detention Decisions,” focuses on the judge’s gender and race and examines whether these judge characteristics influence the bail decision based on the defendant’s ethnicity and gender. The study’s results suggested that defendant and judge-based differences in bail setting leniency granted to defendants, including that black judges are most likely to issue pretrial release without hefty conditions to white defendants. This study by Boldt et al. (2021) is valuable as it will inform the philosophical underpinning of my final research.
Cobb, T. (2022). An examination of differences in race, gender, and age in processing and outcomes within the US criminal justice system. Web.
Cobb Teliyah’s (2022) article, “An Examination of Differences in Race, gender, and Age in Processing and Outcomes within the US Criminal Justice System,” centers around how demographic factors influence the criminal justice system’s outcomes. Cobb Teliyah (2022) observed significant differences in charge severity, final sanctioning, prosecution, plea bargaining, and arrests dependent on age, sex, and race, as well as the intersectionality of these characteristics. This study is from a credible source, as the authors are seasoned academicians. It is enriching since it discusses in detail the implications for research policy to lower the effects of inequities.
Copp, J. E., Casey, W., Blomberg, T. G., & Pesta, G. (2022). Pretrial risk assessment instruments in practice: The role of judicial discretion in pretrial reform. Criminology & Public Policy, 21(2), 329–358. Web.
Copp, Casey, Blomberg, and Pesta, G. (2022), in their article “Pretrial Risk Assessment Instruments in Practice: The Role of Judicial Discretion in Pretrial Reform,” examined the extent to which PRAI was implemented in relation to changes in Defendants’ pretrial processing. Their results showed that the exercise of discretion was associated with increased rates of pretrial failure because of the criminal justice system’s racial and ethnic inequities. However, this study shows little evidence of reductions in detention lengths after adopting pretrial risk assessment tools.
Donnelly, E. A., & Asiedu, C. O. (2020). Neighborhood context and racial/ethnic disparities in judicial processing. Sociology Compass, 14(9), e12822. Web.
In the article “Neighborhood Context and Racial/Ethnic Disparities in Judicial Processing,” Donnelly and Asiedu (2020) investigated the significance of communities in guiding judicial processing and ethnic/racial inequities in court outcomes. Donnelly and Asiedu’s (2020) findings indicated that the neighborhood effects and characteristics widen the ethnic differences in judicial discretion. This article is indispensable due to its honest perspective, and it will shed more light on my final essay.
Freiburger, T. L., & Sheeran, A. M. (2020). The joint effects of race, ethnicity, gender, and age on the incarceration and sentence length decisions. Race and Justice, 10(2), 203-222. Web.
In the article “The Joint Effects of Race, Ethnicity, Gender, and Age on the Incarceration and Sentence Length Decisions,” Freiburger and Sheeran (2020) explore the influence of sex, age, ethnicity, and race on sentencing decisions. Their findings show that African American and male defendants are more likely to be imprisoned in prison than receive a probation penalty than white and female counterparts. When Freiburger and Sheeran (2020) considered interactions between ethnicity, sex, and race, the results indicated that race impact was driven by African American men’s reduced possibility to receive probation instead of prison. This work is a must-read because it will inform my research paper in the future.
Hissong, R. V., & Wheeler, G. (2019). The role of private legal representation and the implicit effect of defendants’ demographic characteristics in setting bail and obtaining pretrial release. Criminal Justice Policy Review, 30(5), 708–730. Web.
In the article “The Role of Private Legal Representation and the Implicit Effect of Defendants’ Demographic Characteristics in Setting Bail and Obtaining Pretrial Release,” Hissong and Wheeler (2019) investigate the impacts of defendants’ demographic characteristics and their ability to maintain private representation in the process of setting financial amounts for bonds. The authors, in their results, find evidence of implicit bias and a distinct advantage of private representation. I will use this study in my research since it offers insights into my thesis statement.
Hood, K., & Schneider, D. (2019). Bail and pretrial detention: Contours and causes of temporal and county variation. RSF: The Russell Sage Foundation Journal of the Social Sciences, 5(1), 126-149. Web.
Hood and Schneider’s (2019) article, “Bail and Pretrial Detention: Contours and Causes of Temporal and County Variation,” explores bail and pretrial release practices across different counties in the United States. The study results show massive intra-county differences in bail practices, a national decline in the application of non-monetary release, and a doubling of bail amounts. Hood and Schneider’s (2019) article will further support my future research since it indicates that the patterns of bail practices are linked with socioeconomic, political, and demographic factors.
Kenney, J. L., & Dolliver, M. J. (2022). Time to bail out: Examining gender differences in the length of pretrial detention using survival analysis. Justice System Journal, 43(2), 203-217. Web.
Kenney and Dolliver’s (2022) article, “Time to Bail Out: Examining Gender Differences in the Length of Pretrial Detention Using Survival Analysis,” tested for gendered differences in how quickly males and females posted bail once in pretrial detention. They found that females took significantly longer than their male counterparts to post bail. This study by Kenney and Dolliver (2022) supports my thesis statement in my future essay.
Lehmann, P. S. (2023). The trial tax and the intersection of race/ethnicity, gender, and age in criminal court sentencing. Law and Human Behavior, 47(1), 201. Web.
Peter Lehmann’s (2023) article, “The Trial Tax and the Intersection of Race/Ethnicity, Gender, and Age in Criminal Court Sentencing,” consistently shows that defendants convicted at trial tend to be punished more severely than those who plead guilty. The study results demonstrate that higher sentencing disparities in relative and absolute terms between young minority men among other subgroups were found among trial cases than in plea cases. These findings by Lehmann (2023) show that defendants who take pleas are sentenced according to standardized and predictable sentencing rates. However, this study does not shed light on how the mode of conviction may moderate the stated inequalities according to the combined age, sex, and ethnicity of the offenders.
Lin, X., Zhou, C., & Ma, Y. (2021). Social status, equal treatment, and pretrial detention: Evidence from China and its implications. European Journal on Criminal Policy and Research, 27, 239–263. Web.
In the article “Social Status, Equal Treatment, and Pretrial Detention: Evidence from China and Its Implications,” Li et al. (2021) focus on the principle of equal treatment, which is fundamental to the justice of pretrial detention systems. The author’s results show that legal factors, including the extra-legal demographic factors, crime seriousness, and past criminal records of defendants, significantly impact pretrial decisions on detention or release. I will use this research in my final paper because its theoretical emphasis on contextual factors may be generalized.
Lowder, E. M., Diaz, C. L., Grommon, E., & Ray, B. R. (2022). Differential prediction and disparate impact of pretrial risk assessments in practice: A multi-site evaluation. Journal of Experimental Criminology, 1–34. Web.
“Differential Prediction and Disparate Impact of Pretrial Risk Assessments in Practice: A Multi-site Evaluation” article by Lowder et al. (2022) conducts a retrospective analysis of predictive prejudice and the disparate impact of IRAS-PAT. The researchers discovered that instruments producing biased risk assessments might enhance pretrial release outcomes for defendants irrespective of race. Even though there were inequities in bail amounts, rates of pretrial release, and detention days, this study does not provide evidence that the impacts of pretrial assessment of risks differed by ethnicity.
Marlowe, D. B., Ho, T., Carey, S. M., & Chadick, C. D. (2020). Employing standardized risk assessment in pretrial release decisions: Association with criminal justice outcomes and racial equity. Law and Human Behavior, 44(5), 361. Web.
In Marlowe et al.’s (2020) article, “Employing Standardized Risk Assessment in Pretrial Release Decisions: Association with Criminal Justice Outcomes and Racial Equity,” the authors examined the efforts made by the Mississippi court to base decisions on pretrial release on risk assessment. The results from the study indicated that risk evaluation was linked with shorter pretrial detention than prevailing bond practices, with no ethnic disparities in the prediction of risks. The findings by Marlowe et al. (2020) support my thesis that great attention to risk assessment can significantly lower racial inequities in pretrial conditions.
Martinez, B. P., Petersen, N., & Omori, M. (2020). Time, money, and punishment: Institutional racial-ethnic inequalities in pretrial detention and case outcomes. Crime & Delinquency, 66(6-7), 837-863. Web.
In Martinez et al.’s (2020) article, “Time, Money, and Punishment: Institutional Racial-Ethnic Inequalities in Pretrial Detention and Case Outcomes,” the authors evaluate whether financial and temporal dimensions of pretrial detention generate and reinforce ethnic-racial inequities in case outcomes. Their findings show that money and time significantly stratify defendants by ethnicity and race, where bail amounts accelerate time detained, and that time detained reinforces racial disparities in incarceration and conviction. This research is credible and a must-read since it will inform my final paper.
Meneses Reyes, R., & Fondevila, G. (2022). Criminal justice reform and court-imposed bail in Mexico: an empirical report. International Journal of Comparative and Applied Criminal Justice, 46(2), 183-195. Web.
“Criminal Justice Reform and Court-Imposed Bail in Mexico: An Empirical Report,” an article by Meneses Reyes and Fondevila (2022), analyzes the conditions under which bail is used in Mexico, a nation that seeks to reduce the use of pretrial detention. Their research is based on a statistical-descriptive assessment of 1537 judicial cases where juries preferred to impose bail or pretrial detention. Meneses Reyes and Fondevila (2022) concluded that obtaining bail relates to the specific nature of the crime and the circumstances of the criminal investigation. Moreover, their results confirmed that pretrial decisions significantly influence the course of a case. I will use this study in my research since the methodologies used by the authors apply to my study.
Meyer, M., Horowitz, A., Marshall, E., & Lum, K. (2022). Flipping the script on criminal justice risk assessment: An actuarial model for assessing the risk the federal sentencing system poses to defendants. In 2022 ACM Conference on Fairness, Accountability, and Transparency (pp. 366–378). Web.
In the article “Flipping the Script on Criminal Justice Risk Assessment: An Actuarial Model for Assessing the Risk the Federal Sentencing System Poses to Defendants,” Meyer et al. (2022) attempt to create a risk assessment tool that predicts the possibility of a person receiving a lengthy sentence. Their findings show that there are legally irrelevant factors, including socio-demographic details and the race of the defendant, which are used in parole and pretrial contexts. However, this study does not provide sufficient data for my research since no instruments for risk assessment consider the risk the judicial system poses to the defendant.
Monaghan, J., van Holm, E. J., & Surprenant, C. W. (2022). Get jailed, jump bail? The impacts of cash bail on failure to appear and rearrest in Orleans Parish. American Journal of Criminal Justice, 47(1), 56-74. Web.
In Monaghan et al.’s (2022) article, “Get Jailed, Jump Bail? The Impacts of Cash Bail on Failure to Appear and Rearrest in Orleans Parish,” the authors investigate people released pretrial to understand the role and effects of Cash bonds. The researchers found significant inequalities in conditions of pre-release based on the defendant’s race. The results from Monaghan et al. (2022) further support my research, indicating that lowering cash bonds will have tremendous benefits linked with equity and justice.
Omori, M., & Petersen, N. (2020). Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention, conviction, and sentencing. Criminology, 58(4), 678-713. Web.
“Institutionalizing Inequality in the Courts: Decomposing Racial and Ethnic Disparities in Detention, Conviction, and Sentencing,” an article by Omori and Petersen (2020), examines how much ethnic and racial inequities are described by differences in pretrial detention and conviction. Their findings indicate that disparities are partially institutionalized through legal case factors, showing that these factors are racialized and contribute to inequities in court outcomes. This research by Omori and Petersen (2020) is a must-read since it will inform my future research paper.
Petersen, N. (2020). Do detainees plead guilty faster? A survival analysis of pretrial detention and the timing of guilty pleas. Criminal Justice Policy Review, 31(7), 1015–1035. Web.
In “Do Detainees Plead Guilty Faster? A Survival Analysis of Pretrial Detention and the Timing of Guilty Pleas” by Peterson (2020), the author uses qualitative studies to assess whether pretrial detention increases the pace of guilty pleas. Peterson’s (2020) study shows that most detainees take pleas quickly to avoid the pains of imprisonment, such as dead time, strained family/work relations, and poor confinement conditions. However, this article has several research gaps since the precise mechanisms linking the above decisions remain unclear.
Ranson, J. A., Arnio, A. N., & Copp, J. E. (2023). Jurisdictional context and the (over) use of pretrial detention. Social Science Research, 112, 102872. Web.
Ranson et al.’s (2023) article, “Jurisdictional Context and the (Over) Use of Pretrial Detention,” centers around the legally permissible practice of detaining defendants during pretrial. The authors further argue that the increasing dependence on money bail has formed a two-tiered structure of pretrial justice in which freedom hinges on the defendants’ wealth. Ranson et al. (2023) found that the application of pretrial detention has resulted in amassing jail populations that are overwhelmingly marginalized and disadvantaged. Even though studies reveal that tremendous policy changes are being implemented to address ethnic and racial inequities, research does not keep pace with the demand for knowledge based on the differences in pretrial practices.
Romain Dagenhardt, D. M. (2021). “You know baseball? 3 strikes”: Understanding racial disparity with mixed methods for probation review hearings. Social Sciences, 10(6), 235. Web.
In his article, “You Know Baseball? 3 Strikes,” Romain Dagenhardt (2021) examined the factors that affect the probationers’ judicial sanctioning for non-compliance in a domestic violence court. The author concluded that judges evaluated probationers based on contextual data, heavily relying on racial discourses. In addition, Romain Dagenhardt’s (2021) research showed that missed therapeutic sessions, family status, gender, drug use, and use influenced sanctioning decisions. This article benefits my future essay since it includes a good representative sample that can be generalized.
Romain Dagenhardt, D. M., Heideman, A. J., & Freiburger, T. L. (2022). An examination of the direct and interactive effects of race/ethnicity and gender on charge reduction. Journal of Crime and Justice, 45(3), 324-346. Web.
Romain Dagenhardt et al.’s (2022) article, “An Examination of the Direct and Interactive Effects of Race/ethnicity and gender on Charge Reduction,” explores gender and racial disparities in charge reduction and examines whether disparities exist across multiple types of charge reduction. The findings of this study by Romain Dagenhardt et al. (2022) show partial support for the focal concerns’ perspective, with males and minority defendants less likely to get a severity reduction. However, this study needs to provide adequate literature on prosecutorial decision-making, mainly regarding charge reduction.
Skeem, J., Montoya, L., & Lowenkamp, C. (2022). Understanding racial disparities in pretrial detention recommendations to shape policy reform. Criminology & Public Policy. Web.
“Understanding Racial Disparities in Pretrial Detention Recommendations to Shape Policy Reform,” an article by Skeem et al. (2022), explored officers’ decision-making to inform efforts to minimize inequalities in pretrial detention. Skeem et al. (2022) found that racial inequities were most pronounced in ambiguous cases that invoked significant officer discretion. Another finding is that a higher percentage of the racial disparity in detention recommendations operates through pretrial policy rather than personally mediated factors such as implicit racism. Additionally, another inequality runs through criminal history, an institutionalized element. This study will be helpful in my future research since it supports my thesis.
Thomas, C., Cadoff, B., Wolff, K. T., & Chauhan, P. (2022). How do the consequences of pretrial detention on guilty pleas and carceral sentences vary between misdemeanor and felony cases?Journal of Criminal Justice, 82, 102008. Web.
In the article “How Do the Consequences of Pretrial Detention on Guilty Pleas and Carceral Sentences Vary between Misdemeanor and felony cases?” Thomas et al. (2022) identify differential effects of time detained pretrial on long-term consequences. Their findings indicate that the individuals detailed on misdemeanors are likelier to take pleas and get a carceral sentence than those detained on felonies. This article is a must-read since it supports my final research work. In addition, it discusses the policy implications of differential pretrial fairness in the court systems.
Viljoen, J. L., Jonnson, M. R., Cochrane, D. M., Vargen, L. M., & Vincent, G. M. (2019). Impact of risk assessment instruments on rates of pretrial detention, postconviction placements, and release: A systematic review and meta-analysis. Law and Human Behavior, 43(5), 397. Web.
Viljoen et al.’s (2019) article, “Impact of Risk Assessment Instruments on Rates of Pretrial Detention, Postconviction Placements, and Release: A Systematic Review and Meta-analysis,” centers around risk assessment tools to inform pretrial detention, incarceration, and release. The findings by Viljoen et al. (2019) show that even though risk assessment instruments may aid in lowering restrictive placements, the evidence for this assertion is low. This article supports my thesis on the effects of ethnic and racial disparities in placements.
Walker, S. C., & Herting, J. R. (2020). The impact of pretrial juvenile detention on 12-month recidivism: A matched comparison study. Crime & Delinquency, 66(13-14), 1865-1887. Web.
“The Impact of Pretrial Juvenile Detention on 12-Month Recidivism: A Matched Comparison Study,” an article by Walker and Herting (2020), explores the effects of pretrial detention in over 46000 juvenile cases across 32 jurisdictions in the US. The results show a significant interaction effect with a past criminal history, suggesting that this correlation shifts once a teenager has multiple past criminal filings. However, this study is limited to research investigating the effects of detainment on youth outcomes.
Wen, A., Gubner, N. R., Garrison, M. M., & Walker, S. C. (2023). Racial disparities in youth pretrial detention: a retrospective cohort study grounded in critical race theory. Health & Justice, 11(1), 14. Web.
In the article “Racial Disparities in Youth Pretrial Detention: A Retrospective Cohort Study Grounded in Critical Race Theory,” Wen et al. (2023) expand research on disproportionate contact in the pretrial detention setting to youths of color. As the iatrogenic impacts of detention are disproportionately imposed upon Indigenous, African American, and Latino youths, the disparities show more pronounced institutional racism. This study can be used in future research since it is reliable due to its vast number of representative samples, which can be generalized.
Worden, A. P., Shteynberg, R. V., Morgan, K. A., & Davies, A. L. (2020). The impact of counsel at first appearance on pretrial release in felony arraignments: The case of rural jurisdictions. Criminal Justice Policy Review, 31(6), 833-856. Web.
In “The Impact of Counsel at First Appearance on Pretrial Release in felony arraignments: The Case of Rural Jurisdictions,” the authors, Worden et al. (2020) explore the effects of early provision of counsel on bail decisions and pretrial release by judges. The authors conclude that the execution of programs intended to ensure counsel at first appearance might be tampered with by cultures of courtrooms. This study by Worden et al. (2020) would enrich my research paper since I could base my future research on possible court reforms that will help reduce racial and age disparities.
Zottola, S. A., & Desmarais, S. L. (2022). Comparing the relationships between money bail, pretrial risk scores, and pretrial outcomes. Law and Human Behavior, 46(4), 277. Web.
In the article “Comparing the Relationships Between Money Bail, Pretrial Risk Scores, and Pretrial Outcomes,” Zottola and Desmarais (2022) explored how risk scores and bail compare regarding their links with rearrest and failure to appear. This article’s source is credible, as the authors are senior research associates and professors of psychology. The results from this study indicate that pretrial risk assessment tools could contribute to more appropriate and accurate release decisions. I will use Zottola and Desmarais’s (2022) work in my future essays since their results can be generalized.
Reflection
Before researching and writing for this annotated bibliography, I definitely had a viewpoint on my research topic. I had a feeling that pretrial decisions in the criminal justice system were influenced by the age, race, and gender of both the judges and defendants. After conducting my research and creating this bibliography, I am stronger in my thesis. All of the articles I included in the bibliography will assist me in my final essay in understanding the impacts of demographic factors such as sex, age, and race on pretrial detention and release, conviction, and rates of rearrests. The methodologies used by the different authors are all applicable to my study.
Moreover, this annotated bibliography will be helpful in my final research paper as it presents a detailed overview of similar literature and contributes to the overall topic of the effects of demographic factors on pretrial decisions. Throughout the paper, I have fixed minor formatting and grammatical errors. Additionally, most sources in the annotated bibliography provided similar data.
Due to this, I performed further research and found new insights and information through online sources and articles, among other databases. I chose scholarly sources because they are up-to-date, peer-reviewed, and have titles and publishers’ names; hence, they offer more reliable data. My final thoughts are that I have learned the importance of annotated bibliographies, particularly during research, because they assisted me in organizing my thoughts.