From Bright Plots to Blind Spots: Mapping Departures in Case Review Post-Bail Reform in Two New Jersey Courts

This study documents the extent to which prosecutors and judges in New Jersey deviate from new case review protocols post-bail reform. We draw on a random sample of hearings observed in two courts (N = 372) to (a) map prosecutorial requests to depart from risk-based recommendations for pretrial moni...

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Bibliographic Details
Published inCriminal justice and behavior Vol. 48; no. 1; pp. 96 - 115
Main Authors Rengifo, Andres F., Flores, Sofía G., Jackson, Ashley N.
Format Journal Article
LanguageEnglish
Published Los Angeles, CA SAGE Publications 01.01.2021
SAGE PUBLICATIONS, INC
Subjects
Bail
Courts
Defendants
Judges & magistrates
Judicial reviews
Legal reform
Pretrial
Reforms
United States > US
New Jersey
criminal justice system
punishment
law
decision-making
implementation
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Summary:This study documents the extent to which prosecutors and judges in New Jersey deviate from new case review protocols post-bail reform. We draw on a random sample of hearings observed in two courts (N = 372) to (a) map prosecutorial requests to depart from risk-based recommendations for pretrial monitoring and (b) explore patterns in judicial review signaling more limited case processing. Findings show that in 16% of cases, prosecutors deviated from guidelines and most of these motions were adopted by judges to increase supervision. Deviations from process by judges were more frequent, with 39% of cases observed linked to one or more markers of reduced review. Multivariate results suggest that case-level factors influenced the patterning of these departures in different ways, with older defendants and most Latinx defendants receiving a more limited assessment of their cases. We discuss findings in connection to literature on corrections reform and smart decarceration initiatives.
ISSN:0093-8548
1552-3594
DOI:10.1177/0093854820960504