Risk Perception and Risk Communication: Multi‐Actor Perspectives on Pretrial Decision‐Making

• Published in: Behavioral sciences & the law Vol. 43; no. 4; pp. 357 - 373
• Main Authors: Rodriguez, Ashley E., Lowder, Evan M., Frye, Peyton
• Format: Journal Article
• Language: English
• Published: United States Wiley Subscription Services, Inc 01.08.2025; John Wiley and Sons Inc
• Subjects: Adult; Communication; Criminal Law; Decision Making; Evaluation; Female; Humans; Judges & magistrates; Legal counsel; Male; Middle Aged; Perception; Pretrial; Probability; Risk Assessment; Risk communication; Risk perception; United States; Vignettes; United States; pretrial; risk assessment; decision‐making; risk communication
• ISSN: 0735-3936; 1099-0798; 1099-0798
• DOI: 10.1002/bsl.2717

ABSTRACT As jurisdictions across the United States implement pretrial risk assessments to advance pretrial reform, there has been a limited research focus on factors affecting risk assessment‐guided decision‐making. To advance this work, this study examined: (1) differences in perceptions of risk and utility of risk assessment information by criminal‐legal role; (2) whether static or variable risk assessment presentation affected pretrial release decisions, including the moderating role of offense violence; and (3) factors affecting risk assessment‐guided decision‐making more broadly. Vignettes were issued to 298 judges, pretrial officers, prosecutors, and defense attorneys across the United States with random assignment to a one‐value probability (30%, 40%, or 50%) or a range of probabilities (30%–50%) risk estimate. Findings showed that risk assessment presentation did not affect decision‐making, and decision‐makers either subjectively interpreted the risk assessment value or created their own risk criteria. Results necessitate more training for pretrial decision‐makers on interpreting risk assessment information.