Pretrial Release Decision-Making: Understanding The Factors Contributing To Pretrial Release Bond Information

At initial appearance, judges and magistrates must strike a balance between a defendantâ??s likelihood of returning to court and the safety of the community when determining pretrial release bonds, using limited available information in short periods of time. Across two complementary studies, factorsâ??both established by literature and novelâ??are assessed to further understand judicial decision-making in pretrial settings. Study 1 was a secondary data analysis to determine whether established factors considered at release are replicated in El Paso, Texas. Study 2 used observational data to review characteristics specific to defendants and the initial hearing interaction, while similarly analyzing established factors considered at pretrial release. Both of these studies assessed these factors on bond type (financial, personal recognizance) and bail amount independently. Study 1 results suggest defendantsâ?? age, length of time living at their place of residence, and supervision status influence the bond given, though not for the bail amount associated with their release. Study 2 found that defendants' appearance during their initial hearings and the charge type (felony, misdemeanor) were predictive of bond type and bail amount. These two studies further illustrate how release decisions are made at an understudied point of the legal system, while identifying critical gaps in the literature for future work.