The Effect of Pretrial Detention on Imprisonment Decisions

Abstract

A number of studies have addressed the respective influences of such legal factors as offense seriousness, and such extralegal factors as race, on imprisonment decisions. One factor that is not easily classified as either legal or extralegal—pretrial detention—has not received as much attention as the "typical" legal and extralegal variables, although some researchers feel that pretrial detention plays a pivotal role in imprisonment decisions. This exploratory article assesses the relationship between pretrial detention and the decision to incarcerate in adult felony cases in a Florida county, controlling for various legal and extralegal factors. Results indicate that those defendants who had been subject to pretrial detention were more likely to be incarcerated, and to receive longer sentences if they were incarcerated, than defendants who had been released pending case disposition.