The Effects of Judge Race and Sex on Pretrial Detention Decisions
Abstract
The pretrial detention decision has critical implications for a defendant’s employment opportunities, family ties, likelihood of conviction, and length of prison sentence. While prior researchers have assessed the disparities that exist in the bail decision based on defendant and case characteristics, little systematic empirical attention has been paid to the effects of the pretrial detention judge on decisions at this stage of criminal case proceedings. Here, we focus specifically on judge race and sex, exploring not only the unconditional effects of judge sex and race but also whether the effects of these judge characteristics at the bail decision are conditioned on the sex and race of the defendant. Using newly collected pretrial detention data from 22 federal district courts from 2003 to 2013, we empirically examine the effects of judge and defendant race and sex on whether defendants are released on their own recognizance before trial or, instead, are given a more punitive pretrial outcome. Our results indicate important judge and defendant-based differences in bail setting leniency provided to defendants including that Black judges are more likely to grant pretrial release without hefty conditions to white defendants than are white judges. We also find that female judges are more likely to detain or require monetary bail for male defendants and less likely to do so for female defendants relative to male judges.
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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)”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al., 2021
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.
“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.”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al 2021
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.”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al 2021
Black judges were more lenient than White judges for White defendants.
“In fact, Black judges were more lenient than White judges for White defendants.”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al 2021
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.”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al 2021
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”
From A Scoping Review of the Relationships Between Cash Bail, Failure to Appear, Re-Arrest, Health and Well-Being, Race, and Gender (2026) · cites this paper as Boldt et al 2021
Cites
Authentic leadership development: Getting to the root of positive forms of leadership
Avolio, B. J., & Gardner, W. L. (2005) · The Leadership Quarterly · doi:10.1016/j.leaqua.2005.03.001 · Cited by 5,478 · see citing works
The Punitive Woman? Gender Differences in Public Attitudes Toward Parole Among an Australian Sample
Dodd, S. (2018) · International Journal of Offender Therapy and Comparative Criminology · doi:10.1177/0306624x17739560 · Cited by 33 · see citing works
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Scheadler, T. R., Radney, A., Smith, B. L., Munshi, A., & Cole, E. (2026) · American Journal of Criminal Justice · doi:10.1007/s12103-025-09860-5 · Cited by 2 · 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).”
- Authors
- Boldt, E. D., Boyd, C. L., Carlos, R. F., & Baker, M. E.
- Affiliations
- North Dakota State University (US)
- University of Georgia (US)
- Corresponding author
- Boyd, Christina L.
- Venue
- Justice System Journal
- Publisher
- Informa UK Limited
- Published
- 2021-02-11
- Volume
- 42
- Issue
- 3-4
- Pages
- 341-358
- ISSN
- 0098-261X (ISSN-L)
- 2327-7556
- OpenAlex
- W3129243976
- Cited by
- 18
- References
- 2
- Citations by year
- 2026: 3 · 2025: 6 · 2024: 2 · 2023: 2 · 2022: 4 · 2021: 1
- FWCI
- 3.12
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Justice System Journal (publishedVersion)
- Funders
- National Science Foundation
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Economics, Econometrics and Finance › Economics and Econometrics › Law, Economics, and Judicial Systems
- Social Sciences › Law › Judicial and Constitutional Studies
- Keywords
- pretrial detention, bail decisions, racial disparities, gender disparities, pretrial release, federal district courts, defendant characteristics, judicial decision-making
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