From Bail to Jail: The Effect of Jail Capacity on Bail Decisions

Am J Crim Just (2016) 41:484497

DOI 10.1007/s12103-015-9305-7

Marian R. Williams1

Received: 26 June 2015 /Accepted: 24 August 2015 / Published online: 14 September 2015# Southern Criminal Justice Association 2015

Abstract One of the more important decisions made by judges in the criminal justice system is the bail decision. Factors that judges take into consideration when making a bail decision, such as seriousness of the offense, flight risk, and public safety, are typically seen by researchers as the primary determinants of such a decision. However, one aspect that researchers have not studied extensivelyrated jail capacity could play an important role in a judges decision. Overcrowding in jails leads to numerous problems, both for the offender and the system itself, so judges may be more willing to release offenders into the community during the pretrial period if the local jails are overcrowded. The current study examines the effect of rated jail capacity on decisions regarding bail amounts, release on recognizance (ROR), financial release, and conditional release in eight Florida counties. Results indicate that rated jail capacity plays a role in judges bail decisions, suggesting that judges are concerned about housing more pretrial offenders in crowded jails.

Keywords Pretrial detention . Jail overcrowding . Rated jail capacity. Bail decisions

Decisions made by criminal justice actors have been examined extensively by researchers (see M. Gottfredson & D. Gottfredson, 1988). In particular, this research has covered the decisions of police when making arrests (Brown & Frank, 2006; Kane, 1999; Kochel, Wilson, & Mastrofski, 2011; Tennenbaum, 1994), of prosecutors when making charging decisions (Albonetti, 1987; Feeley, 1992; Shermer & Johnson, 2010; Spohn, Beichner, & Davis-Frenzel, 2001) and judges when sentencing (King & Mauer, 2005; Rodriguez, Curry, & Lee, 2006; Steffensmeier & Demuth, 2000; Stith, 2008). An often overlooked stage in research examining decision-making is the bail decision. Bail decisions were not researched as extensively as other decision-making stages; however, some studies have addressed the bail decision and have focused on important factors.

* Marian R. Williams [email protected]

1 Appalachian State University, Boone, NC, USA

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These studies focused on the effect of race/ethnicity on...