Policy Research Associates, Inc.
Law Hum Behav. 2022 Aug;46(4):277-289. doi: 10.1037/lhb0000487. Epub 2022 Jun 9.
There has been much discussion around the use of both money bail and pretrial risk assessment instruments. We examine how bail and risk scores compare in terms of their associations with failure to appear in court and rearrest during the pretrial period.
Our research questions included whether bail and risk scores differed between people who did and did not experience pretrial outcomes and whether pretrial scores were associated with outcomes when controlling for bail and other relevant covariates.
To examine these associations, we drew a sample of 492 people (33% women; 60% Black) booked into county jail in a jurisdiction not yet using a pretrial risk assessment instrument to inform release decisions. We completed the Public Safety Assessment (PSA) for this sample and collected data on failure-to-appear and rearrest incidents for 1 year following initial bookings. We examined the associations between bail amount, failure to appear, and rearrest and between PSA subscale scores, failure to appear, and rearrest.
Bail amount was not associated with either failure to appear or rearrest. People who failed to appear or were rearrested had higher bail amounts, on average, than people who did not. In contrast, PSA subscale scores were significantly associated with outcomes in the expected direction.
Our findings do not support the use of money bail for ensuring that people return to court and avoid rearrest. Instead, our findings suggest that using pretrial risk assessment, instruments could result in more accurate and appropriate release decisions. (PsycInfo Database Record (c) 2022 APA, all rights reserved).
围绕着使用保释金和审前风险评估工具,已经进行了大量的讨论。我们研究了在与审前期间不出庭和再逮捕相关方面,保释金和风险评分的关联有何不同。
我们的研究问题包括在经历和不经历审前结果的人群中,保释金和风险评分是否存在差异,以及在控制保释金和其他相关协变量的情况下,审前评分是否与结果相关。
为了检验这些关联,我们从一个尚未使用审前风险评估工具来决定释放的司法管辖区的县监狱中抽取了 492 人的样本(33%为女性;60%为黑人)。我们对该样本进行了公共安全评估(PSA),并收集了在最初预订后的 1 年内,不出庭和再逮捕事件的数据。我们检验了保释金金额、不出庭和再逮捕之间的关联,以及 PSA 子量表评分、不出庭和再逮捕之间的关联。
保释金金额与不出庭或再逮捕均无关联。不出庭或再逮捕的人平均保释金金额较高。相比之下,PSA 子量表评分与预期方向的结果显著相关。
我们的发现不支持使用保释金来确保人们回到法庭并避免再逮捕。相反,我们的发现表明,使用审前风险评估工具可能会导致更准确和适当的释放决策。