11/29/2021

Introduction

  1. Arrested and charged with a crime.
  2. Arraingment hearing bail may be set.
  3. Inability to pay to bail results in incarceration pretrial.

Not making bail results in incarceration without conviction!

Problem

  1. Pretrial detention accounts for the vast majority of local jail populations.
  2. Many local jails like Riker’s Island in New York City are dangerously overcrowded.
  3. Meaningful changes to bail setting practices can meaningfully decrease jail populations.

2020 Bail Reform Laws

  1. Many charges were no longer bail eligible.
  2. Judges that set bail need to set several payment options.
  3. Judges should tailor bail amount to the financial situation of defendants.

Scope of Work

  1. Are judges tailoring bail values to meet defendant needs or picking large whole number values?
  2. Are there differences in bail setting by race, ethnicity for the same charges?
  3. Are there differences in bail setting by judges that more common to NYC?

Results

Conclusions

  1. Judges do not appear to be tailoring bail values to defendants financial needs.
  2. Frequent judges and less frequent judges are aligned in bail setting practices.
  3. Bail setting practice is consistent across race and ethnicity lines.
  4. If given discretion, judges will set bail consistent with their own historical trends, or “ball-park” a large, whole number.