Abstract

Prior work establishes that Black and Latino people face harsher treatment during the pretrial phase of the justice system. Yet, the mechanisms underlying pretrial racial and ethnic disparities remain unclear. Using multiple administrative data sources from a large jurisdiction in the southeast, we examined the influence of race, ethnicity, and citizenship on judicial decisions and defendant outcomes among people booked for a felony (n = 29,735). Of particular interest was the extent to which previously observed racial and ethnic disparities may be attributable to citizenship. Our results indicate that (1) Black and Latino people receive more punitive judicial decisions and experience worse pretrial outcomes than Whites, net of citizenship status; (2) noncitizens receive more lenient judicial decisions and experience better pretrial outcomes than citizens; and (3) citizenship status interacts with ethnicity, such that among noncitizens, Latinos suffer the worst outcomes of all groups. Implications for research and theorizing are discussed.

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