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Race and Prediction

2 Pages Posted: 13 Jul 2011 Last revised: 16 Jan 2014

Shima Baradaran Baughman

University of Utah - S.J. Quinney College of Law

Frank McIntyre

Rutgers Business School Newark and New Brunswick

Date Written: July 12, 2011

Abstract

Many scholars over the years have claimed that there is race discrimination in the detention decision because more blacks are detained pretrial than whites charged with the same crimes. Studies suggest that judges‘ perceptions using stereotypes of minorities determine whether they deem a defendant dangerous, reliable, or blameworthy. Other studies explain that in pretrial decisions, blacks have been deemed more dangerous, more likely to recidivate and more violence prone, and have thus received less lenient decisions due in part to their race. However, few of these studies account for the inquiry imposed on judges in making decisions on defendants of various races. This paper examines the dangerousness inquiry that judges are tasked with to determine whether this is a source of bias. It considers whether racial bias enters into variations within counties, between specific judges, or with bail amounts set for defendants.

Keywords: Race, Pretrial Release

Suggested Citation

Baughman, Shima Baradaran and McIntyre, Frank, Race and Prediction (July 12, 2011). Available at SSRN: https://ssrn.com/abstract=1884634 or http://dx.doi.org/10.2139/ssrn.1884634

Shima Baradaran Baughman

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

Frank McIntyre (Contact Author)

Rutgers Business School Newark and New Brunswick ( email )

111 Washington Avenue
Newark, NJ 07102
United States

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