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Date: April 29, 2024 Mon
Time: 11:01 pm
Time: 11:01 pm
Results for pretrial detention (kentucky)
2 results foundAuthor: Lowenkamp, Christopher T. Title: Investigating the Impact of Pretrial Detention on Sentencing Outcomes Summary: In the criminal justice system, the time between arrest and case disposition is known as the pretrial stage. Each time a person is arrested and accused of a crime, a decision must be made as to whether the accused person, known as the defendant, will be detained in jail awaiting trial or will be released back into the community. But pretrial detention is not simply an either-or proposition; many defendants are held for a number of days before being released at some point before their trial. The release-and-detention decision takes into account a number of different concerns, including protecting the community, the need for defendants to appear in court, and upholding the legal and constitutional rights afforded to accused persons awaiting trial. It carries enormous consequences not only for the defendant but also for the safety of the community. Little is known about the impact of pretrial detention on sentencing outcomes. The limited research indicates that pretrial detention is related to the type and length of sentence received. While little is known about the impact of pretrial detention on felony sentence length, even less is known about the impact on the sentencing of misdemeanants. Data on 153,407 defendants booked into a jail in Kentucky between July 1, 2009, and June 30, 2010, were used to answer one broad research objective: Investigate the relationship between pretrial detention and sentencing. Depending on the associated research question, subsamples of cases were drawn from this larger dataset of 153,407 defendants. Multivariate models were generated that controlled for relevant factors including risk level, supervision status, offense type, offense level, time at risk in the community, demographics, and other factors. Two critical findings related to the impact of pretrial detention were revealed. 1. Pretrial Detention and Sentence to Jail and Prison - Defendants who are detained for the entire pretrial period are much more likely to be sentenced to jail and prison. Low-risk defendants who are detained for the entire pretrial period are 5.41 times more likely to be sentenced to jail and 3.76 times more likely to be sentenced to prison when compared to low-risk defendants who are released at some point before trial or case disposition. Moderate and high-risk defendants who are detained for the entire pretrial period are approximately 3 times more likely to be incarcerated than similar defendants who are released at some point. 2. Pretrial Detention and Length of Sentence to Jail and Prison - Defendants who are detained for the entire pretrial period receive longer jail and prison sentences. While the effects for all risk levels are substantial and significant, the largest effects are seen for low-risk defendants. Details: Houston, TX: Laura and John Arnold Foundation, 2013. 21p. Source: Internet Resource: Accessed November 23, 2013 at: http://arnoldfoundation.org/sites/default/files/pdf/LJAF_Report_state-sentencing_FNL.pdf Year: 2013 Country: United States URL: http://arnoldfoundation.org/sites/default/files/pdf/LJAF_Report_state-sentencing_FNL.pdf Shelf Number: 131700 Keywords: BailPretrial Detention (Kentucky)Sentencing |
Author: Lowenkamp, Christopher T. Title: The Hidden Costs of Pretrial Detention Summary: In the criminal justice system, the time between arrest and case disposition is known as the pretrial stage. Each time a person is arrested and accused of a crime, a decision must be made as to whether the accused person, known as the defendant, will be detained in jail awaiting trial or will be released back into the community. But pretrial detention is not simply an either-or proposition; many defendants are held for a number of days before being released at some point before their trial. The release-and-detention decision takes into account a number of different concerns, including protecting the community, the need for defendants to appear in court, and upholding the legal and constitutional rights afforded to accused persons awaiting trial. It carries enormous consequences not only for the defendant but also for the safety of the community. Little is known about the impact of pretrial detention on pretrial outcomes and post-disposition recidivism. Some researchers and legal professionals believe there is a relationship between the number of days spent in pretrial detention and the defendant's community stability (e.g., employment, finances, residence, family), especially for lowerrisk defendants. Specifically, the defendant's place in the community becomes more destabilized as the number of days of pretrial detention increases. This destabilization is believed to lead to an increase in risk for both failure to appear and new criminal activity. While this purported relationship makes intuitive sense, there has been no empirical evidence in existence to support or refute this idea. Beyond the relationship between length of pretrial detention and pretrial outcomes, there is an additional underdeveloped area of research - the impact of pretrial detention on post-disposition recidivism. Using data from the Commonwealth of Kentucky, this research investigates the impact of pretrial detention on 1) pretrial outcomes (failure to appear and arrest for new criminal activity); and 2) postdisposition recidivism. Details: Houston, TX: Laura and John Arnold Foundation, 2013. 32p. Source: Internet Resource: Accessed November 23, 2013 at: http://arnoldfoundation.org/sites/default/files/pdf/LJAF_Report_hidden-costs_FNL.pdf Year: 2013 Country: United States URL: http://arnoldfoundation.org/sites/default/files/pdf/LJAF_Report_hidden-costs_FNL.pdf Shelf Number: 131701 Keywords: Failure to AppearPretrial Detention (Kentucky)Recidivism |