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Impact of Race, Gender, and Age on the Pretrial Decision

NCJ Number
231798
Journal
Criminal Justice Review Volume: 35 Issue: 3 Dated: September 2010 Pages: 318-334
Author(s)
Tina L. Freiburger; Carly M. Hilinski
Date Published
September 2010
Length
17 pages
Annotation
This study examined whether race, gender, and age influence judges' decisions to detain or release a defendant prior to trial.
Abstract
There is an abundance of studies that examine judicial discretion in the final sentencing stages; however, few have examined discretion in the early stages of court decisions. Pretrial release is especially concerning as it has been strongly correlated with a final sentence of incarceration and deprives defendants of their freedom. The results of the current study indicate that females and younger defendants were less likely to be detained. Race was not significant after economic variables were included. When examining males and females separately, race was significant for females, with Black females being the least likely to be detained. For White females, White males, and Black males, offenders aged 30-39 were more likely to be detained than their younger counterparts. Younger and older White females were not significantly more likely to be detained than their Black female counterparts. Tables, notes, and references (Published Abstract)