Gender bias and pretrial release: More pieces of the puzzle

Abstract

Pretrial release has been cited as a decision point in the criminal justice system at which gender bias may result in different outcomes for female defendants compared to males. This study analyzed data from a weighted sample of nearly 2000 felony cases from Milwaukee County, Wisconsin. Bivariate analysis indicated that females were more likely than males to be granted lenient pretrial release terms, to receive lower bail amounts when cash bail was set, to spend shorter periods of time in jail before trial, and to gain release pending trial. If released, women were more likely to appear in court as scheduled. Multivariate logit analysis, however, showed that gender was a significant factor for the court only in choosing between noncash and cash terms of release. Finally, crime-type-specific logit analysis suggested that neither the simple chivalry hypothesis nor the sex-role stereotype hypothesis were supported by these data.