An Examination of the Impacts of Gender, Race, and Ethnicity on the Judicial Processing of Offenders in Family Violence Cases
Abstract
Using the focal concerns perspective, the present study examined possible gender, race, and ethnic disparities on judges’ pretrial release, incarceration, and sentence length decisions in family violence cases. The results indicate that males were more likely to receive an order of bail (as opposed to release on own recognizance), received higher bail amounts, were less likely to make bail, were more likely to receive prison opposed to jail, and were incarcerated for significantly longer periods of time than women. Hispanic defendants were more likely than White defendants to receive higher bail amounts and were more likely to be detained until sentencing. Black defendants, on the other hand, were more likely to receive prison as opposed to jail than White offenders.
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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.”
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 Freiburger & Romain 2018
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.”
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 Freiburger & Romain 2018
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.”
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 Freiburger & Romain 2018
Hispanic 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.”
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 Freiburger & Romain 2018
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.”
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 Freiburger & Romain (2018)
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.”
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 Freiburger & Romain (2018)
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)”
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 Freiburger & Romain, 2018
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).”
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 Freiburger & Romain, 2018
Male 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”
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 Freiburger & Romain 2018
Black 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).”
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 Freiburger & Romain, 2018
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).”
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 Freiburger & Romain, 2018
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References 80 · Cited by 20
- Authors
- Freiburger, T. L., & Romain, D.
- Affiliations
- University of Wisconsin–Milwaukee (US)
- University of Wisconsin–Milwaukee, WI, USA
- Corresponding author
- Freiburger, Tina L.
- ORCID
- Freiburger, Tina L.
- Venue
- Crime & Delinquency
- Publisher
- SAGE Publications
- Published
- 2017-12-20
- Volume
- 64
- Issue
- 13
- Pages
- 1663-1697
- ISSN
- 0011-1287 (ISSN-L)
- 1552-387X
- OpenAlex
- W2779809778
- Cited by
- 20
- References
- 80
- Citations by year
- 2026: 2 · 2025: 3 · 2024: 2 · 2023: 5 · 2022: 3 · 2021: 3 · 2020: 2
- FWCI
- 1.40
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- Crime & Delinquency (publishedVersion)
- Topics
- Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
- Social Sciences › Law › Criminal Justice and Penology
- Social Sciences › Health › Intimate Partner and Family Violence
- Keywords
- domestic violence, judicial decision-making, bail, pretrial detention, incarceration, sentence length, gender disparities, racial disparities, ethnic disparities, Hispanic defendants, Black defendants
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