Cited by 145Criminal Justice and Corrections AnalysisLaw, Economics, and Judicial SystemsCriminal Justice and Penology

Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes

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Stevenson, Megan T·2018·The Journal of Law, Economics, and Organization

Abstract

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.

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Crossref · 10.1093/jleo/ewy019

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Authors
Stevenson, M. T.
Affiliations
George Mason University (US)
Corresponding author
Stevenson, Megan T
Venue
The Journal of Law, Economics, and Organization
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
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

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