The impact of race on the pretrial decision

Tina L. Freiburger, Catherine D. Marcum, Mari B. Pierce

Research output: Contribution to journalArticle

10 Citations (Scopus)

Abstract

This study examined the effect of race on the pretrial release decision for drug offenders. Although this decision point has not been examined as extensively as the final sentencing decision, it is a critical discretion point which impacts defendants' future sentencing outcomes. The results found that race had a significant impact on judges' decisions to release a defendant on recognizance, with black defendants less likely to receive this release status. Race was not significant, however, in the decision of bail amount or in the likelihood to post bail. These results are consistent with the focal concerns perspective which suggests that black defendants are viewed by courts as more dangerous and blameworthy and thereby, less likely to be released on their own recognizance.

Original languageEnglish (US)
Pages (from-to)76-86
Number of pages11
JournalAmerican Journal of Criminal Justice
Volume35
Issue number1
DOIs
StatePublished - Jun 1 2010

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bail
offender
drug

All Science Journal Classification (ASJC) codes

  • Law

Cite this

Freiburger, Tina L. ; Marcum, Catherine D. ; Pierce, Mari B. / The impact of race on the pretrial decision. In: American Journal of Criminal Justice. 2010 ; Vol. 35, No. 1. pp. 76-86.
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The impact of race on the pretrial decision. / Freiburger, Tina L.; Marcum, Catherine D.; Pierce, Mari B.

In: American Journal of Criminal Justice, Vol. 35, No. 1, 01.06.2010, p. 76-86.

Research output: Contribution to journalArticle

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