The Effect of Pretrial Detention on Sentencing in Two Federal Districts

• Published in: Justice quarterly Vol. 33; no. 6; pp. 1103 - 1122
• Main Authors: Oleson, J.C., Lowenkamp, Christopher T., Cadigan, Timothy P., VanNostrand, Marie, Wooldredge, John
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 18-09-2016; Taylor & Francis Ltd
• Subjects: Correctional treatment programs; Courts; Criminal justice; Criminal sentences; Decisions; Detention; federal courts; Imprisonment; Pretrial detention; pretrial services; Race; Sentencing; Supervision; United States > US; New Jersey; Pennsylvania
• ISSN: 0741-8825; 1745-9109
• DOI: 10.1080/07418825.2014.959035

While a substantial body of research indicates that legal variables, such as offense severity and criminal history, principally shape sentencing decisions, other studies demonstrate that extralegal factors such as race, gender, and age influence sentencing outcomes, as well. The handful of studies focusing upon the effect of pretrial detention/release on sentencing outcomes indicate that pretrial detention is associated with greater lengths of incarceration. This study-the first to empirically examine the sentencing consequences of pretrial detention in the United States federal courts-employed a sample of 1,723 cases from two district courts (New Jersey and Pennsylvania Eastern). Pretrial detention and, to a lesser degree, revocation of granted pretrial supervision were associated with increased prison sentences; on the other hand, successfully completing a term of pretrial services supervision was associated with shorter sentence length. Implications for the federal criminal justice system are discussed.