45 Pages Posted: 6 May 2016 Last revised: 15 Nov 2016
Date Written: August 5, 2016
In the United States, roughly 450,000 people are detained awaiting trial on any given day, typically because they have not posted bail. Using a large sample of criminal cases in Philadelphia and Pittsburgh, we analyze the consequences of the money bail system by exploiting the variation in bail-setting tendencies among randomly assigned bail judges. Our estimates suggest that the assignment of money bail causes a 12% rise in the likelihood of conviction, and a 6-9% rise in recidivism. Our results highlight the importance of credit constraints in shaping defendant outcomes and point to important fairness considerations in the institutional design of the American money bail system.
Keywords: bail, bond, detention, incarceration, pretrial, pre-trial, arraignment, recidivism, plea, randomization, instrumental variable
Suggested Citation: Suggested Citation
Gupta, Arpit and Hansman, Christopher and Frenchman, Ethan, The Heavy Costs of High Bail: Evidence from Judge Randomization (August 5, 2016). Journal of Legal Studies, Vol. 45, No. 2, 2016; Columbia Law and Economics Working Paper No. 531. Available at SSRN: https://ssrn.com/abstract=2774453 or http://dx.doi.org/10.2139/ssrn.2774453