Abstract
Although numerous quantitative studies have linked pretrial detention to increased conviction rates, the precise mechanisms linking these decisions remain unclear. Qualitative studies shed light on these processes, revealing that many detainees plead guilty quickly to escape the pains of detention, including poor confinement conditions, strained work or family relations, and “dead time.” Moreover, these pressures to plead are often exacerbated by uncertain detention length, time-sensitive “exploding” plea deals, and temporal discounting. Utilizing data on felony defendants from large urban counties between 1990 and 2004, we assess whether pretrial detention accelerates the pace of guilty pleas. Survival analyses indicate that pretrial detainees plead guilty 2.86 times faster than released defendants do, suggesting that pretrial detention is a powerful prosecutorial tool. Moreover, local resources affect case processing time in ways that are consistent with the courtroom workgroup perspective. Implications for public policies and future research are discussed.
| Original language | English (US) |
|---|---|
| Journal | Criminal Justice Policy Review |
| DOIs | |
| State | Published - Jan 1 2019 |
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Keywords
- bail
- case processing time
- guilty plea
- pretrial detention
- time-to-plea
ASJC Scopus subject areas
- Law
Cite this
Do Detainees Plead Guilty Faster? A Survival Analysis of Pretrial Detention and the Timing of Guilty Pleas. / Petersen, Nicholas.
In: Criminal Justice Policy Review, 01.01.2019.Research output: Contribution to journal › Article
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TY - JOUR
T1 - Do Detainees Plead Guilty Faster? A Survival Analysis of Pretrial Detention and the Timing of Guilty Pleas
AU - Petersen, Nicholas
PY - 2019/1/1
Y1 - 2019/1/1
N2 - Although numerous quantitative studies have linked pretrial detention to increased conviction rates, the precise mechanisms linking these decisions remain unclear. Qualitative studies shed light on these processes, revealing that many detainees plead guilty quickly to escape the pains of detention, including poor confinement conditions, strained work or family relations, and “dead time.” Moreover, these pressures to plead are often exacerbated by uncertain detention length, time-sensitive “exploding” plea deals, and temporal discounting. Utilizing data on felony defendants from large urban counties between 1990 and 2004, we assess whether pretrial detention accelerates the pace of guilty pleas. Survival analyses indicate that pretrial detainees plead guilty 2.86 times faster than released defendants do, suggesting that pretrial detention is a powerful prosecutorial tool. Moreover, local resources affect case processing time in ways that are consistent with the courtroom workgroup perspective. Implications for public policies and future research are discussed.
AB - Although numerous quantitative studies have linked pretrial detention to increased conviction rates, the precise mechanisms linking these decisions remain unclear. Qualitative studies shed light on these processes, revealing that many detainees plead guilty quickly to escape the pains of detention, including poor confinement conditions, strained work or family relations, and “dead time.” Moreover, these pressures to plead are often exacerbated by uncertain detention length, time-sensitive “exploding” plea deals, and temporal discounting. Utilizing data on felony defendants from large urban counties between 1990 and 2004, we assess whether pretrial detention accelerates the pace of guilty pleas. Survival analyses indicate that pretrial detainees plead guilty 2.86 times faster than released defendants do, suggesting that pretrial detention is a powerful prosecutorial tool. Moreover, local resources affect case processing time in ways that are consistent with the courtroom workgroup perspective. Implications for public policies and future research are discussed.
KW - bail
KW - case processing time
KW - guilty plea
KW - pretrial detention
KW - time-to-plea
UR - http://www.scopus.com/inward/record.url?scp=85063950489&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=85063950489&partnerID=8YFLogxK
U2 - 10.1177/0887403419838020
DO - 10.1177/0887403419838020
M3 - Article
AN - SCOPUS:85063950489
JO - Criminal Justice Policy Review
JF - Criminal Justice Policy Review
SN - 0887-4034
ER -