Pretrial detention and guilty pleas: if they cannot afford bail they must be guilty

Abstract

Many researchers have examined the factors that affect guilty pleas, but have typically utilized a dichotomous dependent variable, measuring either a guilty plea or trial. However, the majority of cases are resolved though a guilty plea, making the inevitable question one of timing. The current study investigates the factors that affect disposition timing and, in particular, considers the impact of pretrial detention on guilty pleas. Using a sample of (n = 975) cases from New Jersey's Criminal Disposition Commission, tracked from inception through disposition, to assess the factors that influence the timing of guilty pleas, our research finds that defendants held in pretrial detention will plead guilty faster than those defendants released into the community prior to trial