#Manhattan bail project findings trial#

The study also expands upon past prosecutorial discretion work by examining the bail request patterns of prosecutors in conjunction with downstream outcomes. A growing body of research has examined the possible cascading effects of bail decision-making, and this research aims to contribute further by incorporating one of the first post-arrest decision points (Kurlychek & Johnson, 2019). The aim of this study is to fill the gap in the literature by focusing on bail-a critical ‘front end’ component of the adjudication process. Among the peer-reviewed publications on aspects of prosecution other than plea bargains and sentencing, half focused on the initial screening decision and most examined only a single discretion point (Donnelly & MacDonald, 2018 Kutateladze & Andiloro, 2014 Leslie & Pope, 2017). Prior research of the prosecution process has focused on pleas and sentencing, with most studies of prosecutorial outcomes examining a single decision or outcome among many that occur during the course of a prosecution. However, there has been relatively little research on the process preceding guilty pleas, and “what research existed remained scattered and limited…more collaborative work was needed to unite shared ideas” (Johnson et al., 2016, p. There are many decision points where a prosecutor can select a particular course of action, each of which can affect the final outcome of the case. Thus, the mechanisms of prosecution have been termed a “black box” with some research using expressions such as “opening Pandora’s box” or “unlocking the black box of prosecution” (Kutateladze et al., 2016 Pfaff, 2011). Despite the volume of prosecutions, this work occurs largely out of public view. Prosecutors have broad discretion to make decisions that affect the defendant, his or her liberty, the outcome of the case, and the defendant’s future.

#Manhattan bail project findings trial#

Each day, over 450,000 people await trial in jail because they cannot post bail (Cohen & Reaves, 2007). Insights gleaned from this research help prosecutors understand how their initial actions influence final outcomes, as well as contributing to the national conversation on the use of cash bail.Įvery year, more than 2.3 million felony and 10 million misdemeanor criminal cases are prosecuted by over 2,300 individual prosecutor’s offices in the United States (Natapoff, 2012). Despite identifying a mix of positive and negative cumulative effects, we found significant indirect effects of black defendants via bail request that contribute to the unwarranted racial disparities in both pre-trial detention and indictment outcomes. However, together with Latino defendants, they were less likely to be detained prior to trial compared with White defendants. Black defendants demonstrated increased bail requests and likelihood of indictment. A combination of regression modeling and path analysis were applied, revealing that the effects of race and ethnicity vary by decision point. Drawing on unique data from the New York County District Attorney’s Office that tracks 43,971 felony complaints, this research explores racial and ethnic disparity at multiple decision points during case processing, with a focus on the prosecutor’s initial bail request. Most research focuses on the ‘back end’ of the adjudication process, leaving decision points prior to the final phases unanalyzed. Although research into prosecutorial and judicial decision-making has been conducted for the past three decades, a great deal still remains unknown.