Pretrial Decision-Making

Pretrial decision-making is one of the most consequential decisions made in the criminalization process. These decisions are so consequential because pretrial jail detention is associated with a host of negative consequences for individuals and their families. Every day magistrates, judges, and prosecutors make decisions that affect the release and detention of the roughly 10 million adults that cycle through the nation’s jails each year. These decisions include whether to file a formal charge, the amount of bail, and whether someone is considered a flight or public safety threat. 

There is currently little research on high-stakes decisions like how prosecutors make charging decisions or how judges decide to release or detain someone, but our courts and corrections research staff are actively working to fill this gap. Through the collection and analysis of qualitative and administrative data, as well as policy and legal analyses, we are working directly with jurisdictions and legal actors to understand pretrial decision-making. 

Our studies have resulted in understanding how prosecutors weigh evidence, negotiate pleas, and assess criminal histories when making their bail recommendations. Futhrmore, we have learned from judges what they focus on during pretrial hearings related to the nature of the charge, the accused’s background, and whether the accused has family support or is a community member.