Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes
Open accessAbstract
This article uses a natural experiment to analyze whether incarceration during the pretrial period affects case outcomes. In Philadelphia, defendants randomly receive bail magistrates who differ widely in their propensity to set bail at affordable levels. Using magistrate leniency as an instrument, I find that pretrial detention leads to a 13% increase in the likelihood of being convicted, an effect largely explained by an increase in guilty pleas among defendants who otherwise would have been acquitted or had their charges dropped. I find also that pretrial detention leads to a 42% increase in the length of the incarceration sentence and a 41% increase in the amount of nonbail court fees owed. This latter finding contributes to a growing literature on fines-and-fees in criminal justice, and suggests that the use of money bail contributes to a “poverty-trap”: those who are unable to pay bail wind up accruing more court debt.
Integrity signals
Registry
Cites
Statistics
Claims the paper makes
Claims other papers make about this one
Each is checked against this paper’s own text: does it say what the citing paper says it does?
Pretrial detention increases rates of guilty pleas and convictions.
“Pretrial detention in and of itself increases rates of guilty pleas and convictions (Stevenson, 2018)”
From A call to dismantle systemic racism in criminal legal systems. (2022) · cites this paper as Stevenson, 2018
A large quantitative study found that those who cannot afford bail face a 41% increase in court fees, which may result in increased court fee debt.
“a large quantitative study found that those who cannot afford bail face a 41% increase in court fees which may result in increased court fee debt (Stevenson, 2018)”
From Debt, Incarceration, and Re-entry: a Scoping Review (2021) · cites this paper as Stevenson, 2018
Cash 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.”
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 Stevenson (2018)
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.”
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 Stevenson (2018)
Cites
Identification and estimation of local average treatment effects
Imbens, G. W., & Angrist, J. D. (1994) · Econometrica · doi:10.2307/2951620 · Cited by 4,101 · see citing works
Dobbie, W., Goldin, J., & Yang, C. S. (2018) · American Economic Review · doi:10.1257/aer.20161503 · Cited by 564 · see citing works
Incarceration length, employment, and earnings
Kling, J. R. (2006) · American Economic Review · doi:10.1257/aer.96.3.863 · Cited by 563 · see citing works
DOES IMPRISONMENT ALTER THE LIFE COURSE? EVIDENCE ON CRIME AND EMPLOYMENT FROM A NATURAL EXPERIMENT
LOEFFLER, C. E. (2013) · Criminology · doi:10.1111/1745-9125.12000 · Cited by 181 · see citing works
Flagged first, then by citations
Cited by
Sorted by citations
Debt, Incarceration, and Re-entry: a Scoping Review
Harper, A., Ginapp, C., Bardelli, T., Grimshaw, A., Justen, M., Mohamedali, A., Thomas, I., & Puglisi, L. (2021) · American Journal of Criminal Justice · doi:10.1007/s12103-020-09559-9 · Cited by 76 · see citing works
A call to dismantle systemic racism in criminal legal systems.
Najdowski, C. J., & Stevenson, M. C. (2022) · Law and Human Behavior · doi:10.1037/lhb0000510 · Cited by 21 · see citing works
Self-citationScheadler, 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
- Authors
- Stevenson, M. T.
- Affiliations
- George Mason University (US)
- Corresponding author
- Stevenson, Megan T
- ORCID
- Stevenson, Megan T
- Venue
- The Journal of Law, Economics, and Organization
- Publisher
- Oxford University Press (OUP)
- Published
- 2018-09-18
- ISSN
- 1465-7341 (ISSN-L)
- 8756-6222
- OpenAlex
- W3122848189
- Cited by
- 145
- References
- 4
- Citations by year
- 2026: 8 · 2025: 16 · 2024: 17 · 2023: 20 · 2022: 21 · 2021: 12 · 2020: 11 · 2019: 17 · 2018: 10 · 2017: 10 · 2016: 3
- FWCI
- 29.02
- Type
- journal article
- Language
- en
- Open access
- green
- doi.org
- Licence
- academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model (vor)
- Locations
- The Journal of Law Economics and Organization (publishedVersion)
- SSRN Electronic Journal (acceptedVersion)
- Penn Carey Law Legal Scholarship Repository (University of Pennsylvania) (submittedVersion)
- RePEc: Research Papers in Economics (submittedVersion)
- 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 › Criminal Justice and Penology
- Keywords
- money bail, pretrial detention, criminal conviction, guilty plea, court fees, fines and fees, poverty trap, criminal justice outcomes, Philadelphia
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.
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 ›
Are you an author, or do you see a problem with this page? Request a review