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The role of bail and pretrial detention in the reproduction of racial inequalities
Author(s) -
Menefee Michael R.
Publication year - 2018
Publication title -
sociology compass
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.782
H-Index - 31
ISSN - 1751-9020
DOI - 10.1111/soc4.12576
Subject(s) - criminology , panacea (medicine) , conviction , criminal justice , inequality , punishment (psychology) , ethnic group , mass incarceration , sociology , political science , law , psychology , social psychology , mathematical analysis , mathematics , medicine , alternative medicine , pathology
Abstract The role of bail systems in the United States has been understudied within the sociology of punishment. The use of monetary bail is pervasive in the United States, contributing to a rising number of pretrial detainees and, consequently, jail populations. Since 2000, 95% of the growth in jail populations has been the result of the growing number of people held in jail pretrial. Moreover, racial and ethnic minorities account for a disproportionate number of pretrial detainees. In this review, I first summarize the empirical literature on racial and economic disparities in the use of bail and pretrial detention , arguing that race and social class are important determinants of who is ultimately detained. I also highlight the literature on the downstream outcomes associated with pretrial detention, and several recent studies which suggest that pretrial detention has a causal effect on conviction. Second, I consider how inequalities in policing and arrests, in combination with pretrial processes, lead to cumulative disadvantages. Lastly, I highlight recent debates surrounding the use of pretrial risk assessment tools and whether they serve as panacea or pariah for mitigating discrimination in criminal processing.