A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender
Open accessAbstract
Cash bail has traditionally been used in the United States to prevent defendants from failing to appear in court and from committing additional crimes prior to their hearing. Yet, the inability to afford cash bail has contributed to the expansion of the jail and prison population in the United States. Meanwhile, activists continue to question the efficacy of cash bail to achieve the goals of reducing failure to appear and re-arrest rates. Activists also have suggested that cash bail may negatively impact the health and well-being of defendants and may disproportionately affect individuals based on their race, ethnicity, and gender. The present study synthesized recent empirical literature on cash bail to help determine the effects of cash bail. Results indicate cash bail is mostly ineffective at reducing failure to appear and re-arrest rates. Based on results from the included studies, cash bail also has harsher consequences for Black, Hispanic, and male defendants than White and female defendants. Further, early evidence suggests cash bail negatively harms the health and well-being of defendants. Implications for the future of cash bail and possible alternatives are discussed.
AI snapshot
Written from the paper’s full text.
TL;DR
This scoping review synthesized 24 recent US studies on cash bail and found it generally ineffective at reducing failure to appear and re-arrest, while early evidence links it to harms and racial/ethnic/gender disparities. Black, Hispanic, and male defendants generally experienced harsher cash bail outcomes than White and female defendants.
Key findings
- Across 24 included studies, cash bail was mostly ineffective at reducing failure to appear (FTA) and re-arrest. FTA findings were mixed: two studies found cash bail release associated with higher odds of FTA, while Barno et al. (2020) found admission to a pretrial assessment and release supervision program was associated with 43% lower odds of FTA, and Heaton (2021) found a bail advocate reduced FTA likelihood by approximately 64%.
- For re-arrest, being granted release on recognizance was almost two times less likely to be re-arrested in one study (Smith et al., 2020); each additional $1,000 in cash bail increased odds of re-arrest by approximately 1% (Monaghan et al., 2022); and having a bail advocate was associated with a 26% lower risk of re-arrest (Heaton, 2021).
- Racial/ethnic disparities were prominent: Black defendants paid as much as 6–10% more in bail than White defendants, and Hispanic defendants paid as much as 14–31.8% more. Black and Hispanic defendants were also more likely to be detained pretrial than White defendants.
- Gender disparities appeared in 10 studies: male defendants had lower odds of being granted ROR and were more likely to be assigned cash bail; in family violence cases, male defendants were assigned bail 2.625 times more often than female defendants (Freiburger & Romain, 2018). Men received bail amounts 51.7% higher (Freiburger & Romain, 2018) and 63% higher (Hissong & Wheeler, 2019) than women, remaining 25% higher after controls in the latter study. Only one included study examined health and well-being, with early evidence suggesting negative impacts.
Methods
- Scoping review following PRISMA-ScR and Arksey & O’Malley’s five-step framework, with PICO used to frame research questions on adults impacted by cash bail in the US, comparing cash bail to alternatives such as pretrial supervision or release on recognizance.
- Inclusion criteria required primary research on cash bail and FTA, re-arrest, health/well-being, race, gender, or ethnicity; US-based; adults in the criminal justice system; published on or after January 1, 2017; and available in English as peer-reviewed work or a dissertation/thesis.
- Searched nine databases on March 6, 2023, yielding 1,167 records; after removing 516 duplicates, 651 titles/abstracts were screened, 120 full texts were screened, and 24 studies were included. Data were charted by reviewers, summarized with descriptive statistics in Microsoft Excel, and analyzed using thematic content analysis with deductive coding.
Limitations
- The paper states that it only included US sources published on or after January 1, 2017; broad questions and diverse methods made meta-analysis infeasible; search terms did not include “bond” without “cash”; grey literature was excluded; scoping reviews do not often evaluate methodological rigor; the search was conducted on March 6, 2023, so later articles were excluded; and it only included articles focused on cash bail rather than broader pretrial detention.
- The paper also states that most included research relied on administrative data, and it calls for more primary data collection, qualitative approaches, and triangulation across sources.
- Evident from the review: only one included study examined health and well-being, and all included studies used administrative data, so conclusions about health and well-being are described as early and limited.
Model-written summary. Check it against the paper before relying on it.
Integrity signals
Registry
Cites
Statistics
Claims the paper makes
7 of 99 cited sources checked · 3 supported · 1 flagged · accuracy not yet measured
- Premisecitation
Self-harming is highly prevalent among incarcerated individuals.
“Kaba et al. (2014) even noted that self-harming is highly prevalent among incarcerated individuals.”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites Kaba et al. (2014) source
- Findingnone given
Early evidence suggests cash bail negatively harms the health and well-being of defendants.
“Further, early evidence suggests cash bail negatively harms the health and well-being of defendants.”
Quote in the paperSubstantial claim - Findingown data
Included studies largely relied upon administrative data (n = 24, 100%).
“Included studies largely relied upon administrative data (n = 24, 100%)”
Quote in the paperNot a substantial claim - Findingown data
Cash bail is mostly ineffective at reducing failure to appear and rearrest rates.
“Results indicate cash bail is mostly ineffective at reducing failure to appear and rearrest rates.”
Quote in the paperSubstantial claim - Findingreasoning
The 10 studies provide mixed evidence on the relationship between cash bail and FTA.
“These studies provide mixed evidence on the relationship between cash bail and FTA.”
Quote in the paperSubstantial claim
- Findingcitation
Two studies found being released on cash bail was associated with higher odds of FTA.
“For instance, two studies found being released on cash bail was associated with higher odds of FTA (Copp et al., 2022;Smith et al., 2020).”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites Copp et al., 2022 source
- cites Smith et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingown data
Cash bail has harsher consequences for Black, Hispanic, and male defendants than White and female defendants.
“Based on results from the included studies, cash bail also has harsher consequences for Black, Hispanic, and male defendants than White and female defendants.”
Quote in the paperSubstantial claim - Findingown data
Most included studies utilized quantitative designs (n = 21, 87.5%).
“Most of the included studies utilized quantitative designs (n = 21, 87.5%)”
Quote in the paperNot a substantial claim - Findingcitation
In this scoping review, only a few included studies found race was not statistically significant when examining its effects on cash bail.
“Only few studies found race was not statistically significant when examining its effects on cash bail (Barno et al., 2020;Davis, 2022;Smith et al., 2020;St. Louis, 2020).”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites Barno et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Davis, 2022 source
- cites Smith et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Most evidence in the review points to People of Color, especially Black defendants, having a greater likelihood of being denied bail compared to White counterparts.
“Most evidence points to People of Color-especially Black defendants-having higher cash bail amounts, decreased odds of making bail, and a greater likelihood of being denied bail and being detained pretrial compared to their White counterparts.”
Quote in the paperSubstantial claim - Findingcitation
Four studies found gender disparities in cash bail amounts, identifying that on average, men were given higher bail amounts than women.
“Moreover, four studies found gender disparities in cash bail amounts, identifying that on average, men were given higher bail amounts than women.”
Quote in the paperSubstantial claim - Findingcitation
Each additional $1,000 in cash bail increased the odds of re-arrest by approximately 1%.
“Monaghan et al. (2022) added that each additional $1,000 in cash bail increased the odds of re-arrest by approximately 1%.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Monaghan et al. (2022) source
- Findingcitation
Cash bail amounts remained 25% higher for men even after controlling for other variables included in the study (e.g., type of charge).
“Hissong & Wheeler (2019) clarified that cash bail amounts remained 25% higher for men even after controlling for other variables included in the study (e.g., type of charge).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Hissong & Wheeler (2019) source
- Findingcitation
Those granted ROR were almost two times less likely to be re-arrested according to one study.
“In fact, those granted ROR were almost two times less likely to be re-arrested according to one study (Smith et al., 2020).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Smith et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Male defendants demonstrated lower odds of being granted ROR compared to female defendants.
“Specifically, male defendants demonstrated lower odds of being granted ROR (Monaghan et al., 2022;Boldt et al., 2021)”
Quote in the paperSubstantial claim0 of 2 sources checked - Findingcitation
Most evidence in the review points to People of Color, especially Black defendants, having higher cash bail amounts compared to White counterparts.
“Most evidence points to People of Color-especially Black defendants-having higher cash bail amounts, decreased odds of making bail, and a greater likelihood of being denied bail and being detained pretrial compared to their White counterparts.”
Quote in the paperSubstantial claim - Findingcitation
Black defendants were more likely to be detained when they had a public defender instead of a private attorney.
“Black defendants were more likely to be detained when they had a public defender instead of a private attorney.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain 2018 source
- Findingcitation
Black defendants pay as much as 6-10% more in bail compared to White defendants.
“In fact, results show Black defendants pay as much as 6-10% more in bail compared to White defendants (Hissong & Wheeler, 2019;Williams, 2018).”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites Hissong & Wheeler, 2019 source
- cites Williams, 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Pretrial assessment instruments may be more likely to misclassify Black and Latino defendants as high-risk.
“Moreover, according to Copp et al. (2022), pretrial assessment instruments may be better at predicting FTA for White defendants than for Black and Latino defendants but may also be more likely to misclassify Black and Latino defendants as high-risk.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Copp et al. (2022) source
- Findingcitation
Having a public defender increased the likelihood of being assigned cash bail instead of being granted ROR for White defendants.
“Having a public defender increased the likelihood of being assigned cash bail instead of being granted ROR for White defendants.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain 2018 source
- Findingcitation
In family violence cases, male defendants were assigned bail 2.625 times more often than female defendants in lieu of ROR.
“Indeed, in a study examining gender disparities in the judicial processing of offenders involved in family violence cases, Freiburger & Romain (2018) found that, in lieu of ROR, male defendants were assigned bail 2.625 times more often than female defendants.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain (2018) source
- Findingcitation
Those admitted into the PARS program had a 43% lower odds of FTA than a similarly situated person released on cash bond.
“When holding all else constant, those admitted into the PARS program had a 43% lower odds of FTA than a similarly situated person released on cash bond”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Barno et al 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
White defendants were more likely to be granted ROR than Black and Latino defendants.
“The authors added that Black and Latino defendants were more likely to be assigned cash bail or assigned supervised release than White defendants who were more likely to be granted ROR.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Copp et al. (2022) source
- Findingcitation
Having a bail advocate was associated with a 26% lower risk of re-arrest.
“Finally, it is important to acknowledge that having a bail advocate was associated with a 26% lower risk of re-arrest (Heaton, 2021).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Heaton, 2021
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Male defendants received bail amounts that were 51.7% higher than female defendants.
“Freiburger & Romain (2018) found that male defendants received bail amounts that were 51.7% higher than female defendants while Hissong & Wheeler (2019) found that males had 63% higher bail amounts in comparison to women.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain (2018) source
- Findingcitation
Black and Hispanic defendants were no more likely than White defendants to be assigned cash bail.
“Black and Hispanic defendants were no more likely than White defendants to be assigned cash bail.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain 2018 source
- Findingcitation
St. Louis (2020) found that ethnicity was no longer a significant predictor of bail amount when crime type was included in analyses.
“For instance, St. Louis (2020) found ethnicity was no longer a significant predictor of bail amount when crime type was included in analyses.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites St. Louis (2020) source
- Findingcitation
The presence of bail advocates in a court system helped to reduce racial disparities in pretrial detention outcomes.
“Notably, the presence of bail advocates in a court system helped to reduce racial disparities in pretrial detention outcomes (Heaton, 2021).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Heaton, 2021
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Hispanic defendants are more likely to be detained compared to White defendants.
“and are more likely to be detained when compared to White defendants (Cadoff et al., 2021;Hissong & Wheeler, 2019;Freiburger & Romain, 2018).”
Quote in the paperSubstantial claim0 of 3 sources checked - Findingcitation
Male defendants were significantly more likely to be detained pretrial due to inability to post bond.
“Likewise, male defendants were significantly more likely to be detained pretrial due to the inability to post bond (Cadoff et al., 2021).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Cadoff et al., 2021 source
- Findingcitation
Cash bail was the only factor that consistently explained racial disparities in all criminal processing outcomes.
“In fact, cash bail was the only factor that consistently explained racial disparities in all criminal processing outcomes”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Donnelly & MacDonald 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Initially being held on bail was associated with a higher re-arrest rate after 30 days.
“Heaton et al. (2017) found that initially being held on bail was associated with a higher re-arrest rate after 30 days.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Heaton et al. (2017) source
- Findingcitation
Female judges were less likely than male judges to grant ROR to male defendants.
“Female judges, though, were less likely than male judges to grant ROR to male defendants.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Boldt et al 2021 source
- Findingcitation
Most evidence in the review points to People of Color, especially Black defendants, having decreased odds of making bail compared to White counterparts.
“Most evidence points to People of Color-especially Black defendants-having higher cash bail amounts, decreased odds of making bail, and a greater likelihood of being denied bail and being detained pretrial compared to their White counterparts.”
Quote in the paperSubstantial claim - Findingcitation
Black defendants were more likely than any other race/ethnicity group to be detained pretrial.
“Black defendants were more likely than any other race/ethnicity group to be detained pretrial.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Hamilton 2022 source
- Findingcitation
Most studies in the review showed men tend to have worse outcomes in comparison to women.
“Most studies showed men tend to have worse outcomes in comparison to women.”
Quote in the paperNot a substantial claim - Findingcitation
Males had 63% higher bail amounts in comparison to women.
“Freiburger & Romain (2018) found that male defendants received bail amounts that were 51.7% higher than female defendants while Hissong & Wheeler (2019) found that males had 63% higher bail amounts in comparison to women.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Hissong & Wheeler (2019) source
- Findingcitation
There was no significant difference on how male judges treated defendants based on defendant gender.
“There was no significant difference on how male judges treated defendants based on defendant gender”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Boldt et al 2021 source
- Findingcitation
Pretrial assessment instruments may be better at predicting FTA for White defendants than for Black and Latino defendants.
“Moreover, according to Copp et al. (2022), pretrial assessment instruments may be better at predicting FTA for White defendants than for Black and Latino defendants but may also be more likely to misclassify Black and Latino defendants as high-risk.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Copp et al. (2022) source
- Findingcitation
Those who posted cash bail and were denied entry into a pretrial assessment and release supervision program had significantly higher odds of FTA compared to those in the supervision program.
“Barno et al. (2020) added that those who posted cash bail and were denied entry into a pretrial assessment and release supervision program had significantly higher odds of FTA compared to those who in the supervision program.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Barno et al. (2020)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
At the bivariate level, being male was significantly related to being detained pretrial.
“Also, at the bivariate level, being male was significants related to being detained pretrial.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Cadoff et al 2021 source
- Findingcitation
After controlling for other variables, the full model showed Black and Latinx defendants were more likely than White defendants to be detained pretrial.
“After controlling for other variables, the full model showed Black and Latinx defendants were more likely than White defendants to be detained pretrial.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Cadoff et al 2021 source
- Findingcitation
Female defendants were 29% less likely to post bail than men.
“However, Kenney & Dolliver (2022) found female defendants took longer to post the same cash bail amount as their male counterparts and were 29% less likely to post bail than men.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Kenney & Dolliver (2022) source
- Findingcitation
Most evidence in the review points to People of Color, especially Black defendants, having a greater likelihood of being detained pretrial compared to White counterparts.
“Most evidence points to People of Color-especially Black defendants-having higher cash bail amounts, decreased odds of making bail, and a greater likelihood of being denied bail and being detained pretrial compared to their White counterparts.”
Quote in the paperSubstantial claim - Findingcitation
Being released on cash bail has been linked to greater odds of re-arrest compared to being granted ROR.
“That is, being released on cash bail has been linked to greater odds of re-arrest compared to being granted ROR (Adams & Baumer, 2019;Copp et al., 2022;Zottola & Desmarais, 2022).”
Quote in the paperSubstantial claim0 of 3 sources checked - Findingcitation
Judges consistently had lower rates of assigning cash bail for female defendants compared to male defendants.
“Judges also consistently had lower rates of assigning cash bail for female defendants compared to male defendants”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites de Figueiredo & Thorley 2022
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Male defendants were more likely to be assigned cash bail in comparison to female defendants.
“and were more likely to be assigned cash bail in comparison to female defendants (de Figueiredo & Thorley, 2022).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites de Figueiredo & Thorley, 2022
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Pretrial detention and contextual factors mattered more than legal factors and criminal history in explaining racial differences in conviction rates, guilty pleas, and sentencing.
“Nonetheless, pretrial detention and contextual factors mattered more than legal factors and criminal history in explaining racial differences in conviction rates, guilty pleas, and sentencing.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Donnelly & MacDonald 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Black judges were more lenient than White judges for White defendants.
“In fact, Black judges were more lenient than White judges for White defendants.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Boldt et al 2021 source
- Findingcitation
The relationship for Latinx defendants was nonsignificant.
“The relationship for Latinx defendants was nonsignificant.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Cadoff et al 2021 source
- Findingcitation
Female judges were more likely than male judges to grant ROR to female defendants.
“In addition, female judges were more likely than male judges to grant ROR to female defendants.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Boldt et al 2021 source
- Findingcitation
Some judges were more likely to assign cash bail to Black defendants than White or Hispanic defendants.
“Moreover, some judges were more likely to assign cash bail to Black defendants than White or Hispanic defendants.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites de Figueiredo & Thorley 2022
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Female defendants took longer to post the same cash bail amount as their male counterparts.
“However, Kenney & Dolliver (2022) found female defendants took longer to post the same cash bail amount as their male counterparts and were 29% less likely to post bail than men.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Kenney & Dolliver (2022) source
- Findingcitation
Hispanic defendants pay as much as 14-31.8% more in bail compared to White defendants.
“Similarly, Hispanic defendants pay as much as 14-31.8%more in bail (Freiburger & Romain, 2018;Williams, 2018)”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Freiburger & Romain, 2018 source
- cites Williams, 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
The full logistic regression model showed males were more than twice as likely as females to be detained pretrial.
“The full logistic regression model showed males were more than twice as likely as females to be detained pretrial”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Cadoff et al 2021 source
- Findingcitation
Some records showed being released by posting bail was associated with slightly lower FTA rates.
“Some records showed being released by posting bail was associated with slightly lower FTA rates (Adams & Baumer, 2019;de Figueiredo & Thorley, 2022).”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites Adams & Baumer, 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites de Figueiredo & Thorley, 2022
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Early evidence indicates that being assigned cash bail financially strains some individuals, incapacitating them from maintaining jobs and affording basic life necessities.
“Further, although not much is known empirically about the effect of cash bail on health and well-being, early evidence indicates that being assigned cash bail financially strains some individuals, incapacitating them from maintaining jobs and affording basic life necessities (Smith et al., 2020).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Smith et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Findings highlight how being assigned cash bail has been connected to higher re-arrest rates.
“Second, findings highlight how being assigned cash bail has been connected to higher re-arrest rates (e.g., Adams & Baumer, 2019;Copp et al., 2022;Zottola & Desmarais, 2022).”
Quote in the paperSubstantial claim0 of 3 sources checked - Findingcitation
Male defendants were more often assigned cash bail opposed to ROR than female defendants.
“Male defendants also were more often assigned cash bail opposed to ROR than female defendants (e.g., Freiburger & Romain, 2018).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Freiburger & Romain, 2018 source
- Findingcitation
Some scholars discovered cash bail-based releases were associated with higher odds of FTA.
“Meanwhile, some scholars discovered cash bail-based releases were associated with higher odds of FTA (Copp et al., 2022;Smith et al., 2020).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Copp et al., 2022 source
- cites Smith et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Those who were enrolled in a supervised release program had lower odds of FTA.
“Indeed, those who were enrolled in a supervised release program had lower odds of FTA (Barno et al., 2020) and having a bail advocate was associated with lower odds of FTA and rearrest (Heaton, 2021).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Barno et al., 2020
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Having a bail advocate was associated with lower odds of FTA and rearrest.
“Indeed, those who were enrolled in a supervised release program had lower odds of FTA (Barno et al., 2020) and having a bail advocate was associated with lower odds of FTA and rearrest (Heaton, 2021).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Heaton, 2021
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- Findingcitation
Findings were mixed on the relationship between FTA and cash bail.
“First, findings were mixed on the relationship between FTA and cash bail.”
Quote in the paperSubstantial claim - Findingcitation
Pretrial detention was associated with greater nonbail court fees.
“Stevenson (2018) similarly noted that pretrial detention was associated with greater nonbail court fees and argued that cash bail traps individuals in poverty.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Stevenson (2018) source
- Interpretationreasoning
Evidence suggests cash bail contributes to racial, ethnic, and gender disparities.
“Evidence suggests cash bail is ineffective at reducing FTA and re-arrest rates and contributes to racial, ethnic, and gender disparities.”
Quote in the paperSubstantial claim - Interpretationreasoning
Being detained pretrial due to an inability to afford cash bail may have dire effects on the mental and physical health of defendants.
“Thus, being detained pretrial due to an inability to afford cash bail may have dire effects on the mental and physical health of defendants.”
Quote in the paperSubstantial claim - Interpretationreasoning
Black and Hispanic males are more likely to have harsher pretrial conditions.
“Findings also demonstrate that experiences with cash bail differ based on race, ethnicity, and gender with Black and Hispanic males more likely to have harsher pretrial conditions.”
Quote in the paperSubstantial claim - Interpretationreasoning
Findings demonstrate that experiences with cash bail differ based on race, ethnicity, and gender.
“Findings also demonstrate that experiences with cash bail differ based on race, ethnicity, and gender with Black and Hispanic males more likely to have harsher pretrial conditions.”
Quote in the paperSubstantial claim - Interpretationreasoning
Together, these data demonstrate that the utilization of cash bail in the criminal justice system may not be an effective tool for decreasing FTA and re-arrest rates.
“Together, these data demonstrate that the utilization of cash bail in the criminal justice system may not be an effective tool for decreasing FTA and re-arrest rates.”
Quote in the paperSubstantial claim - Study design and conductreasoning
This scoping review only included data sources from the US that were published on or after January 1, 2017.
“For example, this scoping review only included data sources from the US that were published on or after January 1, 2017.”
Quote in the paperSubstantial claim - Interpretationreasoning
Evidence suggests cash bail is ineffective at reducing FTA rates.
“Evidence suggests cash bail is ineffective at reducing FTA and re-arrest rates and contributes to racial, ethnic, and gender disparities.”
Quote in the paperSubstantial claim - Interpretationreasoning
Findings suggest the implementation of cash bail is failing to meet the intended goals of decreasing FTA and re-arrest rates.
“Indeed, findings suggest the implementation of cash bail is failing to meet the intended goals of decreasing FTA and re-arrest rates.”
Quote in the paperSubstantial claim - Interpretationreasoning
In general, findings suggest cash bail may not be effective at reducing re-arrest rates.
“In general, findings suggest cash bail may not be effective at reducing FTA and re-arrest rates and, instead, may harm the health and well-being of defendants and their families.”
Quote in the paperSubstantial claim - Interpretationreasoning
In general, findings suggest cash bail may not be effective at reducing FTA rates.
“In general, findings suggest cash bail may not be effective at reducing FTA and re-arrest rates and, instead, may harm the health and well-being of defendants and their families.”
Quote in the paperSubstantial claim - Interpretationreasoning
In general, findings suggest cash bail may harm the health and well-being of defendants and their families.
“In general, findings suggest cash bail may not be effective at reducing FTA and re-arrest rates and, instead, may harm the health and well-being of defendants and their families.”
Quote in the paperSubstantial claim - Interpretationreasoning
Evidence suggests cash bail is ineffective at reducing re-arrest rates.
“Evidence suggests cash bail is ineffective at reducing FTA and re-arrest rates and contributes to racial, ethnic, and gender disparities.”
Quote in the paperSubstantial claim
- Classified as probably not a substantial claim. 29
- May combine two claims. 29
- The quote only partly states this claim. 1
Probably not a substantial claim: may not pass S3 (load-bearing).
FindingcitationThere was no significant relationship between cash bail and FTA.
“Other scholars found no significant relationship between cash bail and FTA (Clipper et al., 2017;Monaghan et al., 2022;Zottola & Desmarais, 2022).”
Quote in the paperNot a substantial claim1 of 3 sources checked- cites Clipper et al., 2017 source
The Results report a statistically significant difference in FTA between cash and commercial bonds among all defendants: commercial-bond defendants had an FTA rate 0.10 lower. They also report a significant cash-bond versus pretrial-services difference for misdemeanors. Thus, the unqualified claim of no significant relationship is contrary to this paper's findings. (LLM, conf=0.90)
Checked by a reasoning model — may be wrong.
Experimental — accuracy not yet measured - cites Monaghan et al., 2022 source
- cites Zottola & Desmarais, 2022 source
Probably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductcitationArksey & O'Malley's five-step framework was used to guide the study.
“Arksey & O'Malley's (2005) five-step framework for designing scoping reviews was also used to guide the study.”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites Arksey & O'Malley's (2005) source
Probably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductcitationThis study followed PRISMA-ScR guidelines.
“This study followed guidelines set by the preferred reporting items for systematic reviews and meta-analyses extension for scoping reviews (Levac et al., 2010;Tricco et al., 2018).”
Quote in the paperNot a substantial claim2 of 2 sources checked- cites Levac et al., 2010 source
The Summary says Levac et al. offer recommendations for conducting and reporting scoping studies, so the citation supports the general reference to scoping-review guidance. It does not identify those recommendations as PRISMA-ScR guidelines or establish that the citing study followed PRISMA-ScR. (LLM, conf=0.84)
Experimental — accuracy not yet measured - cites Tricco et al., 2018 source
May combine two claims.
PremisecitationDuring the COVID-19 pandemic, inmates had minimal access to mental health supports, worsening the mental exhaustion caused by being removed from the rest of society.
“Especially during the COVID-19 pandemic, inmates had minimal access to mental health supports, worsening the mental exhaustion caused by being removed from the rest of society (Johnson et al., 2021).”
Quote in the paperNot a substantial claim1 of 1 sources checked- cites Johnson et al., 2021 source
The Results summary identifies isolation and reduced or discontinued mental health services as key challenges, and reports overwhelmingly negative mental-health impacts during the pandemic. The ‘Changes in mental and substance health services’ section says routine services were withdrawn in many places, not that inmates generally had minimal access; the Discussion describes isolation’s further effects as likely rather than established. (LLM, conf=0.82)
Experimental — accuracy not yet measured
May combine two claims.
InterpretationcitationThis review expands upon previous research that has examined racial, ethnic, and gender disparities in convictions and sentencing, showing that similar disparities also exist during the pretrial stage.
“This expands upon previous research that has examined racial, ethnic, and gender disparities in convictions and sentencing, showing that similar disparities also exist during the pretrial stage (Omori & Petersen, 2020;Paul et al., 2020).”
Quote in the paperSubstantial claim1 of 2 sources checked- cites Omori & Petersen, 2020 source
- cites Paul et al., 2020 source
The Discussion section, “Interconnected and Compounding Effects of Structural Racism” (page unavailable), reports that Black Americans are more likely to be detained pretrial and face disparities in wrongful convictions and sentencing. It does not report ethnic or gender disparities at the pretrial stage; its comparison of incarceration rates for Black and White men and women does not establish those parts of the claim. (LLM, conf=0.86)
Experimental — accuracy not yet measured
Probably not a substantial claim: may not pass S3 (load-bearing).
Findingnone givenThere were 10 studies that reported on FTA.
“There were 10 studies that reported on FTA.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataOne study used narrative storytelling but did not specify how these data were collected.
“One study (4.2%) also used narrative storytelling but did not specify how these data were collected.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataOne study used data from various jurisdictions across the United States (n = 1, 4.2%).
“One study (n = 1, 4.2%) used data from various jurisdictions across the United States.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataMost data were based on defendants in the northeastern (n = 7, 29.2%) or southeastern United States (n = 7, 29.2%).
“Regionally, most data were based on defendants in the northeastern (n = 7, 29.2%) or southeastern United States (n = 7, 29.2%).”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataThe remaining included studies utilized mixed methods designs (n = 3, 12.5%).
“the remaining studies utilized mixed methods designs (n = 3, 12.5%)”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Findingown dataOther data were based in the southwest (n = 4, 16.7%), Midwest (n = 3, 12.5%), or west (n = 2, 8.3%).
“Others were based in the southwest (n = 4, 16.7%), Midwest (n = 3, 12.5%), or west (n = 2, 8.3%).”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataSome included studies also used interviews (n = 2, 8.3%).
“while some also used interviews (n = 2, 8.3%)”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
FindingcitationHaving a bail advocate reduced the likelihood of FTA by approximately 64%.
“Similarly, Heaton (2021) concluded that having a bail advocate reduced the likelihood of FTA by approximately 64%.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Heaton (2021)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationBlack and Latino defendants were more likely to be assigned cash bail or assigned supervised release than White defendants.
“The authors added that Black and Latino defendants were more likely to be assigned cash bail or assigned supervised release than White defendants who were more likely to be granted ROR.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Copp et al. (2022) source
May combine two claims.
FindingcitationEight included records mentioned the relationship between cash bail and re-arrest rates, largely arguing that cash bail and re-arrest rates are positively related.
“Eight included records mentioned the relationship between cash bail and re-arrest rates, largely arguing that cash bail and re-arrest rates are positively related.”
Quote in the paperNot a substantial claimMay combine two claims.
FindingcitationMale defendants were more likely to be denied ROR and be assigned cash bail or detained.
“In addition, male defendants were more likely to be denied ROR and be assigned cash bail or detained”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain 2018 source
May combine two claims.
FindingcitationIndividuals in the Early Release Program (ERP) had the highest FTA and re-arrest rates.
“Individuals in the Early Release Program (ERP) had the highest FTA and re-arrest rates.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Adams & Baumer 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationHispanic defendants had significantly higher bail amounts than White defendants while there were no other significant differences on bail amounts.
“Though, Hispanic defendants had significantly higher bail amounts than White defendants while there were no other significant differences on bail amounts.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Freiburger & Romain 2018 source
May combine two claims.
FindingcitationBoth Black and White judges were more likely to grant White defendants ROR than Black defendants, who were more likely to be detained pretrial or assigned cash bail.
“Both Black and White judges were more likely to grant White defendants ROR than Black defendants, who were more likely to be detained pretrial or assigned cash bail.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Boldt et al 2021 source
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationPrior FTA did not significantly impact bail decisions but did increase odds of being held on bail.
“Williams (2018) also shared that prior FTA did not significantly impact bail decisions but did increase odds of being held on bail.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Williams (2018)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing).
FindingcitationBeing released on cash bail resulted in marginally lower odds of FTA compared to those granted ROR.
“However, others found that being released on cash bail resulted in marginally lower odds of FTA compared to those granted ROR (Adams & Baumer, 2019;de Figueiredo & Thorley, 2022).”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites Adams & Baumer, 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites de Figueiredo & Thorley, 2022
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationAt the bivariate level, race was negatively related to pretrial detention for White defendants but positively related to pretrial detention for Black defendants.
“At the bivariate level, race was negatively related to pretrial detention for White defendants but positively related to pretrial detention for Black defendants.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Cadoff et al 2021 source
May combine two claims.
FindingcitationThose released on bond had higher FTA and re-arrest rates than detainees released following court orders or serving their time.
“Those released on bond had higher FTA and re-arrest rates than detainees released following court orders or serving their time.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Adams & Baumer 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationBlack defendants were more likely than White defendants to face felony charges, were more likely to face charges involving drugs, weapons, or violence, and were more likely to use a public defender.
“Though, Black defendants were more likely than White defendants to face felony charges, were more likely to face charges involving drugs, weapons, or violence, and were more likely to use a public defender.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Donnelly & MacDonald 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationBlack defendants were more likely to be detained pretrial, were more likely to be assigned cash bail, and were assigned significantly higher bail amounts compared to White defendants.
“Black defendants were more likely to be detained pretrial, were more likely to be assigned cash bail, and were assigned significantly higher bail amounts compared to White defendants.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Donnelly & MacDonald 2018
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
FindingcitationBeing assigned cash bail was connected to lower re-arrest rates, but these differences only lasted for 6-12 months.
“Meanwhile, de Figueiredo & Thorley (2022) argued being assigned cash bail was connected to lower re-arrest rates, but these differences only lasted for 6-12 months.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites de Figueiredo & Thorley (2022)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
May combine two claims.
FindingcitationBlack and Hispanic defendants pay higher cash bail and are more likely to be detained compared to White defendants.
“For instance, Black and Hispanic pay higher cash bail and are more likely to be detained compared to White defendants (e.g., Freiburger & Romain, 2018;Hissong & Wheeler, 2019).”
Quote in the paperSubstantial claim0 of 2 sources checkedProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Findingnone givenThe presence of bail advocates helped to prevent racial bias from affecting pretrial outcomes, ultimately minimizing racial disparities related to cash bail.
“The presence of bail advocates also helped to prevent racial bias from affecting pretrial outcomes, ultimately minimizing racial disparities related to cash bail.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningCash bail may not be an effective or fair method for promoting public safety.
“Thus, cash bail may not be an effective or fair method for promoting public safety.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Study design and conductnone givenOne of four reviewers prepared a summary for their assigned category, which was checked for accuracy by at least one other reviewer.
“One of four reviewers then prepared a summary for their assigned category, which was checked for accuracy by at least one other reviewer.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductnone givenAll authors regularly met to hold reflexive meetings to discuss findings, minimize biases, resolve disputes, and achieve consensus.
“Finally, all authors regularly met to hold reflexive meetings to discuss findings, minimize biases, resolve disputes, and achieve consensus.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductnone givenEach study was charted by one of four reviewers and checked by another reviewer for accuracy.
“Each study was charted by one of four reviewers and checked by another reviewer for accuracy.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductown data24 studies were included in the review.
“Ultimately, 24 studies were included in the review (see Fig. 1).”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
PremisecitationThe efficacy of cash bail has been questioned.
“However, the efficacy of cash bail has been questioned (Monaghan et al., 2022).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Monaghan et al., 2022 source
May combine two claims.
InterpretationreasoningGender differences in cash bail amounts varied across studies, which may be attributed to the sample of defendants and the degree of the offense committed.
“However, gender differences in cash bail amounts varied across studies which may be attributed to the sample of defendants and the degree of the offense committed.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
PremisecitationCash bail has been used in the US criminal justice system to deter defendants from failing to appear at their trials and to prevent them from committing additional crimes.
“Cash bail has been used in the US criminal justice system to deter defendants from failing to appear at their trials and to prevent them from committing additional crimes (DeWitt, 2019;Myers, 1981;Vargas, 2019).”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites DeWitt, 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
- cites Myers, 1981 source
- cites Vargas, 2019
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
Study design and conductcitationThe database search was conducted on March 6, 2023, and some relevant articles published after this date were excluded from this scoping review.
“Moreover, the database search was conducted on March 6, 2023 and some relevant articles have been published after this date, resulting in their exclusion from this scoping review (e.g., Ouss & Stevenson, 2023).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Ouss & Stevenson, 2023 source
May combine two claims.
InterpretationcitationIncluded studies show Black, Hispanic, and male defendants experience worsened outcomes related to cash bail compared to White defendants and female defendants.
“The included studies show Black, Hispanic, and male defendants experience worsened outcomes related to cash bail compared to White defendants and female defendants.”
Quote in the paperSubstantial claimMay combine two claims.
Study design and conductreasoningThis scoping review included broad questions and allowed for studies with diverse methodological approaches to be included, making a meta-analysis infeasible.
“This scoping review also included broad questions and allowed for studies with diverse methodological approaches to be included, making a meta-analysis infeasible.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Study design and conductnone givenGrey literature was not included in this scoping review.
“Further, grey literature was not included; yet reports from relevant organizations such as the American Civil Liberties Union and the Prison Policy Initiative, among others, may contain pertinent information related to cash bail and reform efforts.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningCash bail appears to be ineffective at reducing FTA and re-arrest rates and seems to exacerbate disparities and health and well-being.
“Cash bail appears to be ineffective at reducing FTA and re-arrest rates and seems to exacerbate disparities and health and well-being.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing). The quote only partly states this claim.
Study design and conductnone givenThe search terms and phrases did not include 'bond' without the term 'cash' in front of it.
“Also, the search terms and phrases did not include”
Quote in the paperNot a substantial claimMay combine two claims.
Study design and conductreasoningThis review only included articles that focused on cash bail and did not broadly focus on pretrial detention.
“Finally, this review only included articles that focused on cash bail and did not broadly focus on pretrial detention.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationreasoningFindings point to racial and gender biases and harmful implications for health and well-being.
“In addition, findings point to racial and gender biases and harmful implications for health and well-being.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationCash bail traps individuals in poverty.
“Stevenson (2018) similarly noted that pretrial detention was associated with greater nonbail court fees and argued that cash bail traps individuals in poverty.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Stevenson (2018) source
May combine two claims.
InterpretationreasoningPretrial detention may decrease access to supports and increase risks for illness and/or violence.
“More specifically, pretrial detention may decrease access to supports and increase risks for illness and/or violence.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
PremisecitationCriminal institutionalization puts many at risk for physical violence.
“Likewise, prior research has argued that criminal institutionalization isolates individuals from opportunities to socialize, increases exposure to infections and viruses, and puts many at risk for physical violence (Crane & Pascoe, 2021).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Crane & Pascoe, 2021 source
Classified as probably not a substantial claim.
PremisecitationCriminal institutionalization increases exposure to infections and viruses.
“Likewise, prior research has argued that criminal institutionalization isolates individuals from opportunities to socialize, increases exposure to infections and viruses, and puts many at risk for physical violence (Crane & Pascoe, 2021).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Crane & Pascoe, 2021 source
Classified as probably not a substantial claim. May combine two claims.
InterpretationcitationThe data suggest supervised release programs and the inclusion of bail advocates may be necessary to decrease FTA and re-arrest.
“The data suggest supervised release programs and the inclusion of bail advocates may be necessary to decrease FTA and re-arrest.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationCriminal institutionalization isolates individuals from opportunities to socialize.
“Likewise, prior research has argued that criminal institutionalization isolates individuals from opportunities to socialize, increases exposure to infections and viruses, and puts many at risk for physical violence (Crane & Pascoe, 2021).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Crane & Pascoe, 2021 source
The paper relies on this without support.
No scoping review on cash bail has been completed.
“Yet, no such review on cash bail has been completed.”
The paper relies on this without support.
Most evidence of the health and well-being of defendants either does not relate to cash bail or is not empirical.
“However, most evidence of the health and well-being of defendants either does not relate to cash bail or is not empirical.”
The paper relies on this without support.
New Jersey became the first state to effectively eliminate cash bail in 2017.
“which was the year that New Jersey became the first state to effectively eliminate cash bail.”
The paper relies on this without support.
Research published prior to 2017 might be outdated and/or irrelevant to the current climate of cash bail reform efforts.
“As such, research published prior to 2017 might be outdated and/or irrelevant to the current climate of cash bail reform efforts.”
The paper relies on this without support.
Most other countries do not rely on cash bail.
“Though, most other countries do not rely on cash bail.”
The paper relies on this without support.
Receiving pretrial detention is not always the result of an inability to afford cash bail.
“However, it is important to note that receiving pretrial detention is not always the result of an inability to afford cash bail.”
The paper relies on this without support.
Administrative data are not at risk of social desirability bias, a lack of self-awareness, recall bias, and/or other related biases from the participants.
“That is, administrative data are not at risk of social desirability bias, a lack of selfawareness, recall bias, and/or other related biases from the participants.”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
Schlesinger study has conflicting publication years
MinorThe text cites Schlesinger as a 2007 study, but the reference list dates the study to 2005.
“Demuth (2003) and Schlesinger (2007), though, found Black defendants do not have higher cash bail amounts than White defendants”
“55. Schlesinger, T. (2005). Racial and ethnic disparity in pretrial criminal processing.”
Cites
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Three Approaches to Qualitative Content Analysis
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PRISMA Extension for Scoping Reviews (PRISMA-ScR): Checklist and Explanation
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Scoping studies: towards a methodological framework
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“Cash bail and pretrial detention began to rise again throughout the 1970s and 1980s when pretrial detention was believed to boost public safety amidst an increase in crime (Sardar, 2018; Zimring, 2006).”
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“Demuth ( 2003) and Schlesinger (2007), though, found Black defendants do not have higher cash bail amounts than White defendants, but Hispanic defendants do have higher cash bail amounts than White defendants.”
Solitary confinement and risk of self-harm among jail inmates
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Racial and ethnic disparity in pretrial criminal processing
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Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes
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Behavioral nudges reduce failure to appear for court
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The Fugitive: Evidence on Public versus Private Law Enforcement from Bail Jumping
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“However, it is important to acknowledge that cash bail was first introduced into the US legal system to provide defendants with an opportunity to avoid pretrial detention, which was previously the default practice for all individuals charged with crimes (Helland & Tabarrok, 2004).”
The Impact of Race on the Pretrial Decision
Freiburger, T. L., Marcum, C. D., & Pierce, M. B. (2009) · American Journal of Criminal Justice · doi:10.1007/s12103-009-9069-z · Cited by 47 · cited 1× · see citing works
“In another study, Freiburger et al. (2010) similarly found Black defendants are less likely to be granted pretrial release in drug offense cases but also found they are not less likely to post bail.”
Paul, D. W., Knight, K. R., Olsen, P., Weeks, J., Yen, I. H., & Kushel, M. B. (2020) · Journal of Social Distress and Homelessness · doi:10.1080/10530789.2019.1702248 · Cited by 47 · cited 1× · see citing works
“This expands upon previous research that has examined racial, ethnic, and gender disparities in convictions and sentencing, showing that similar disparities also exist during the pretrial stage (Omori & Petersen, 2020; Paul et al., 2020).”
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“Moreover, the database search was conducted on March 6, 2023 and some relevant articles have been published after this date, resulting in their exclusion from this scoping review (e.g., Ouss & Stevenson, 2023).”
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“For instance, two studies found being released on cash bail was associated with higher odds of FTA (Copp et al., 2022; Smith et al., 2020).”
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The link between bond forfeiture and pretrial release mechanism: The case of Dallas County, Texas
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“Other scholars found no significant relationship between cash bail and FTA (Clipper et al., 2017; Monaghan et al., 2022; Zottola & Desmarais, 2022).”
Myers (1981) · The Journal of Legal Studies · doi:10.1086/467687 · Cited by 20 · cited 3× · see citing works
“Cash bail has been used in the US criminal justice system to deter defendants from failing to appear at their trials and to prevent them from committing additional crimes (DeWitt, 2019; Myers, 1981; Vargas, 2019 ).”
Freiburger, T. L., & Romain, D. (2018) · Crime & Delinquency · doi:10.1177/0011128717743780 · Cited by 20 · cited 5× · see citing works
“Indeed, in a study examining gender disparities in the judicial processing of offenders involved in fam - ily violence cases, Freiburger & Romain (2018) found that, in lieu of ROR, male defendants were assigned bail 2.625 times more often than female defendants.”
InfluentialBarno, M., Martínez, D. N., & Williams, K. R. (2019) · American Journal of Criminal Justice · doi:10.1007/s12103-019-09506-3 · Cited by 19 · cited 5× · see citing works
“Barno et al. (2020) also found individuals released in a supervised release program had lower rates of FTA compared with those issued cash bail.”
InfluentialGet Jailed, Jump Bail? The Impacts of Cash Bail on Failure to Appear and re-Arrest in Orleans Parish
Monaghan, J., van Holm, E. J., & Surprenant, C. W. (2022) · American Journal of Criminal Justice · doi:10.1007/s12103-020-09591-9 · Cited by 19 · cited 22× · see citing works
“Monaghan et al. (2022) added that each additional $1,000 in cash bail increased the odds of re-arrest by approxi - mately 1%.”
InfluentialA Meta-Analytic Review of Pretrial Research: Risk Assessment, Bond Type, and Interventions
Bechtel, K. A., Holsinger, A. M., Lowenkamp, C. T., & Warren, M. J. (2016) · American Journal of Criminal Justice · doi:10.1007/s12103-016-9367-1 · Cited by 19 · see citing works
The Effects of Judge Race and Sex on Pretrial Detention Decisions
Boldt, E. D., Boyd, C. L., Carlos, R. F., & Baker, M. E. (2021) · Justice System Journal · doi:10.1080/0098261x.2021.1881665 · Cited by 18 · cited 1× · see citing works
“Specifi - cally, male defendants demonstrated lower odds of being granted ROR (Monaghan et al., 2022; Boldt et al., 2021) and were more likely to be assigned cash bail in comparison to female defendants (de Figueiredo & Thorley, 2022).”
Is the Process the Only Punishment?: Racial–Ethnic Disparities in Lower‐Level Courts
Petersen, N., & Omori, M. (2020) · Law & Policy · doi:10.1111/lapo.12140 · Cited by 16 · see citing works
Hissong, R. V., & Wheeler, G. (2019) · Criminal Justice Policy Review · doi:10.1177/0887403417714560 · Cited by 10 · cited 7× · see citing works
“In fact, results show Black defendants pay as much as 6–10% more in bail compared to White defendants (Hissong & Wheeler, 2019; Williams, 2018).”
InfluentialComparing the relationships between money bail, pretrial risk scores, and pretrial outcomes.
Zottola, S. A., & Desmarais, S. L. (2022) · Law and Human Behavior · doi:10.1037/lhb0000487 · Cited by 10 · cited 3× · see citing works
“Other scholars found no significant relationship between cash bail and FTA (Clipper et al., 2017; Monaghan et al., 2022; Zottola & Desmarais, 2022).”
The evolution of a bail reform
Friedman, L. S. (1976) · Policy Sciences · doi:10.1007/bf00137625 · Cited by 9 · cited 1× · see citing works
“Reformers began to question the use of cash bail in the 1960s, noting how cash bail discriminated based on wealth and often failed to operate under the presumption of innocence, leading to increased use of releasing defendants on their own recognizance (ROR; Friedman, 1976).”
Exploring variation in factors associated with increased likelihood of pretrial detention
Cadoff, B., Wolff, K. T., & Chauhan, P. (2021) · Journal of Criminal Justice · doi:10.1016/j.jcrimjus.2021.101799 · Cited by 9 · cited 3× · see citing works
“Similarly, Hispanic defendants pay as much as 14–31.8% more in bail (Freiburger & Romain, 2018; Williams, 2018) and are more likely to be detained when compared to White defendants (Cadoff et al., 2021; Hissong & Wheeler, 2019; Freiburger & Romain, 2018).”
InfluentialSt. Louis, S. (2020) · Criminal Justice Policy Review · doi:10.1177/0887403419890124 · Cited by 8 · cited 4× · see citing works
“For instance, St. Louis (2020) found ethnicity was no longer a significant predictor of bail amount when crime type was included in analyses.”
InfluentialKenney, J. L., & Dolliver, M. J. (2022) · Justice System Journal · doi:10.1080/0098261x.2022.2042432 · Cited by 6 · cited 1× · see citing works
“However, Kenney & Dolliver (2022) found female defendants took longer to post the same cash bail amount as their male counterparts and were 29% less likely to post bail than men.”
Homelessness and pretrial detention predict unfavorable outcomes in the plea bargaining process.
Davis, R. W. (2022) · Law and Human Behavior · doi:10.1037/lhb0000484 · Cited by 6 · cited 2× · see citing works
“…& Romain, 2018), amount of cash bail (e.g., St. Louis, 2020; Williams, 2018), odds of making bail (e.g., Hissong & Wheeler, 2019), denial of cash bail (e.g., Colbert & Starger, 2022; Hamilton, 2022 ), and the likelihood of being detained pretrial (e.g., Cadoff et al., 2021; Davis, 2022 ).”
Models of Bail ReformPreprint
Garrett, B. L. (2021) · SSRN Electronic Journal · doi:10.2139/ssrn.3932357 · Cited by 4 · see citing works
Hamilton, M. (2022) · SSRN Electronic Journal · doi:10.2139/ssrn.4188907 · Cited by 3 · cited 1× · see citing works
“…& Romain, 2018), amount of cash bail (e.g., St. Louis, 2020; Williams, 2018), odds of making bail (e.g., Hissong & Wheeler, 2019), denial of cash bail (e.g., Colbert & Starger, 2022; Hamilton, 2022 ), and the likelihood of being detained pretrial (e.g., Cadoff et al., 2021; Davis, 2022 ).”
Flagged first, then by citations
Research works printed but not linked: 14
- Adams, K., & Baumer, T. L. (2019). Opening the “back door” to control a local jail population: Emergency release. Justice Policy Journal, 16(2), 1–20. Accessed 1 May 2023.
- Baughman, S. B. (2019). Dividing bail reform. Iowa Law Review, 105, 947–1026.
- Caldwell, H. M. (2011). Coercive plea bargaining: The unrecognized scourge of the justice system. Catholic University Law Review, 61(1), 63–96.
- Colbert, D., & Starger, C. (2022). A butterfly in COVID: Structural racism and Baltimore’s pretrial legal system. Maryland Law Review, 82(1), 1–54.
- de Figueiredo, M. F. P., & Thorley, D. (2022). Pretrial disparity and the consequences of money bail. Maryland Law Review, 81(2), 557–640. https://digitalcommons.law.umaryland.edu/mlr/vol81/iss2/4/. Accessed 1 May 2023.
- Donnelly, E. A., & MacDonald, J. M. (2018). The downstream effects of bail and pretrial detention on racial disparities in incarceration. Journal of Criminal Law and Criminology, 108(4), 775–814. https://scholarlycommons.law.northwestern.edu/jclc/vol108/iss4/4/. Accessed 1 May 2023.
- Feiler, J. (2022). America’s cash bail crisis: Learning from our common-law roots. Loyola of Los Angeles International and Comparative Law Review, 45(2), Article 4.
- Heaton, P. (2021). Enhanced public defense improves pretrial outcomes and reduces disparities. Indiana Law Journal, 96(3), 701–750.
- Lester, J. L. (2005). Presumed innocent, feared dangerous: The eighth amendment’s right to bail. Northern Kentucky Law Review, 32, 1–66.
- Lu, O. F. (2022). “Blurring the bright line”: Examining age-related differences in jail incarceration outcomes using a resources-challenges model of emerging adulthood (Publication No. 4638) [Doctoral dissertation, City University of New York]. CUNY Academic Works. https://academicworks.cuny.edu/gc_etds/4638/. Accessed 1 May 2023.
- Sardar, M. B. (2018). Give me liberty or give me alternatives: Ending cash bail and its impact on pretrial incarceration notes. Brooklyn Law Review, 84(4), 1421–1458.
- Schaefer, B. P., & Hughes, T. (2019). Examining judicial pretrial release decisions: The influence of risk assessments and race. Criminology, Criminal Justice, Law & Society, 20(2), 47–58.
- Smith, A., Maddan, S., King, C., & Elshiekh, N. (2020). Testing the effects of a prosecutor policy recommending no-money release for nonviolent misdemeanor defendants. American Journal of Criminal Law, 48(1), 43-79. https://www.proquest.com/docview/2556881057?pqorigsite=gscholar&fromopenview=true&sourcetype=Scholarly%20Journals
- Williams, J. H. (2018). Assessing the impact of county-level factors on pretrial detention decisions (Publication No. 13421392) [Doctoral dissertation, University of Missouri - St. Louis]. ProQuest Dissertations Publishing.
Cited by
Sorted by citations
Ontario’s cash bail requirements face a legal wall and are based on flawed logic
Yule, C., & Humer, K. (2026) · doi:10.64628/aam.tda3wf5hf
Khan, H. (2026) · Research Square · doi:10.21203/rs.3.rs-10743922/v1
- Authors
- Scheadler, T. R., Radney, A., Smith, B. L., Munshi, A., & Cole, E.
- Affiliations
- University of North Carolina at Charlotte (US)
- The Ohio State University (US)
- Corresponding author
- Scheadler, Travis R.
- Venue
- American Journal of Criminal Justice
- Published
- 2025-10-18
- Volume
- 51
- Issue
- 4
- Pages
- 899-922
- ISSN
- 1066-2316 (ISSN-L)
- 1936-1351
- OpenAlex
- W4415323619
- Semantic Scholar
- 09a5f8cd92dc4b09f5e773a0d7f9e42238d528fa
- Cited by
- 2
- References
- 44
- Citations by year
- 2026: 2
- FWCI
- 3.59
- Type
- journal article
- Language
- en
- Open access
- hybrid
- doi.org
- Locations
- American Journal of Criminal Justice (publishedVersion, cc-by)
- Funders
- University of North Carolina at Charlotte
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Criminal Justice and Penology
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
- Keywords
- cash bail, failure to appear, rearrest, pretrial detention, racial disparities, gender disparities, Black defendants, Hispanic defendants
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
Claims read by deepseek-v4.1-flash under definition version 3 (extract-v3) on 2026-10-28.
Classified by jev-1.13-20260917 (gold-guideline-v0.2) on 2026-10-28.
Cited sources are checked by gpt-6-sol.
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
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