From Bright Plots to Blind Spots: Mapping Departures in Case Review Post-Bail Reform in Two New Jersey Courts. (January 2021)

• Record Type: Journal Article
• Authors: Rengifo, Andres F.; Flores, Sofía G.; Jackson, Ashley N.
• Other Names: Epperson Matthew W. guest-editor.; Wilson Amy Blank guest-editor.; Fedock Gina guest-editor.
• Is Part Of: Criminal justice and behavior. Volume 48:Number 1(2021)
• Page Start: 96
• Page End: 115
• Publication Date: 2021-01
• Subjects: criminal justice system -- law -- punishment -- decision-making -- implementation; Correctional psychology -- Periodicals; 364.6
• DOI: 10.1177/0093854820960504
• Languages: English
• ISSNs: 0093-8548

Abstract

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.