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Endnotes
1
PRETRIAL JUSTICE INSTITUTE, PRETRIAL JUSTICE: HOW MUCH DOES IT COST? 2 (2017).
2
Natalie Ortiz, “County Jails at a Crossroads,” National Association of Counties, Fig. 3, July 8, 2015,
PRETRIAL JUSTICE INSTITUTE, PRETRIAL JUSTICE: HOW MUCH DOES IT COST? 2 (2017).
3
Sonya Tafoya, Pub. Policy Inst. of California, Pretrial Detention and Jail Capacity in California (July 2015),
http://www.ppic.org/content/pubs/report/R_715STR.pdf.
4
County of Santa Clara Bail and Release Work Group, Final Consensus Report on Optimal Pretrial Justice 34-35 (August, 2016).
5
HUMAN RIGHTS WATCH, “NOT IN IT FOR JUSTICE”: HOW CALIFORNIA’S PRETRIAL DETENTION AND BAIL SYSTEM UNFAIRLY
PUNISHES POOR PEOPLE. (2017), https://www.hrw.org/report/2017/04/11/not-it-justice/how-californias-pretrial-detention-and-
bail-system-unfairly
6
JUSTICE POL’Y INST., SYSTEM OVERLOAD: THE COSTS OF UNDER-RESOURCING PUBLIC DEFENSE 19 (2011).
7
JUSTICE POL’Y INST., SYSTEM OVERLOAD: THE COSTS OF UNDER-RESOURCING PUBLIC DEFENSE 19 (2011).
8
AM. BAR ASS’N, CRIM. JUSTICE SECTION, STATE POLICY IMPLEMENTATION PROJECT, PRETRIAL RELEASE REFORM 2 (2011).
9
Santa Clara County Human Relations Commission, Justice Review Committee, Report on the Public Forum for Family and Friends
of Inmates, p. 38
10
LAURA MARUSCHAK AND MARCUS BERZOFSKY, BUREAU OF JUSTICE STATISTICS, U.S. DEP’T OF JUSTICE MEDICAL PROBLEMS OF
PRISONERS (Apr., 2008), http://www.bjs.gov/content/pub/pdf/mpp.pdf.
11
Joseph A. Bick, Infection Control in Jails and Prisons, 45(8) CLINICAL INFECTIOUS DISEASES 1047 (2007).
12
NAT’L INST. OF CORR., U.S. DEP’T OF JUSTICE, NATIONAL STUDY OF JAIL SUICIDE: 20 YEARS LATER NIC 024308 (Apr. 2010),
http://static.nicic.gov/Library/024308.pdf.
13
Empirical studies in Pennsylvania estimated that defendants held pretrial are 12 to 13 percent more likely to be convicted than
defendants released pretrial. The study conducted by Gupta, Hansman, and Frenchman studied 260,333 criminal cases in Philadelphia
and Pittsburgh between 2010 and 2015. Arpit Gupta et al., The Heavy Costs of High Bail: Evidence from Judge Randomization 22 (Columbia
Law, Econ. Research Paper Series, Paper No. 531, 2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2774453. The study
by Stevenson utilized 331,615 criminal cases in Philadelphia between September 2006 and February 2013. Megan Stevenson, Distortion
of Justice: How the Inability to Pay Bail Affects Case Outcomes 1 (2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2777615. A
similar study conducted on misdemeanor cases in Harris County, Texas, found that detained defendants were 25 percent more likely
to be convicted. A similar study conducted on misdemeanor cases in Harris County, Texas, found that detained defendants were 25
percent more likely to be convicted. The paper completed by Heaton, Mayson, and Stevenson studied 380,689 misdemeanor cases in
Harris County, Texas between 2008 and 2013. Paul S. Heaton et al., The Downstream Consequences of Misdemeanor Pretrial Detention 4
(Univ. of Pa. Inst. for Law, Econ., Paper No. 16–18, 2016), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2809840##.
Studies of criminal cases in New York City likewise found a 16.2 percentage point increase in the likelihood of being convicted.
Phillips studied 1,999 non-felony and felony cases between September 2002 and March 2003. MARY T. PHILLIPS, A DECADE OF BAIL
RESEARCH IN NEW YORK City 56, 116 (2012), https://nyulawcommentator.files.wordpress.com/2016/03/00c6b-cja-
decadebailresearch12.pdf. The study by Leslie and Pope analyzes 973,815 misdemeanor and felony cases from New York City
between 2009 and 2013. Emily Leslie, Nolan G. Pope, The Unintended Impact of Pretrial Detention on Case Outcomes: Evidence from NYC
Arraignments 13 (Univ. of Chi. Working Paper, 2016), http://home.uchicago.edu/~npope/pretrial_paper.pdf.
14
Studies in New York City and Leon County, Florida found that “pretrial detention significantly increased the likelihood of jail and
prison sentences.” This study by Williams examined 412 cases from Leon County, Florida between January 1, 1994 and December 31,
1996. Marian R. Williams, The Effect of Pretrial Detention on Imprisonment Decisions, 28 Crim. Just. Rev. 299, 313 (2003); Phillips, supra note
7, at 118. A study in Harris County, Texas found that defendants detained pretrial were 43 percent more likely to be sentenced to
incarceration instead of probation. Heaton et al., supra note 7, at 21.
15
A study conducted in 2016 of defendants charged with misdemeanors in Harris County, Texas found that jail sentences received by
detained defendants were over two times longer than the sentences received by released defendants. Heaton et al., supra note 7.
Another study published in 2016 compared the maximum sentence lengths between detained and released pretrial defendants, and
found that the maximum sentence for detained defendants was approximately 4.5 years longer than the maximum sentence for
released defendants. Leslie & Pope, supra note 7. Lastly, a study of criminal cases in Philadelphia found that the sentences were
roughly five months longer for detained defendants pretrial. Stevenson, supra note 7.
16
One study found that detained defendants were ordered to pay approximately $128 more in court fees than released defendants.
Stevenson, supra note 7.
17
The increased likelihood of plea deals is influenced by the social and economic costs of pretrial incarceration, including negative
impacts on employment, housing, and child custody, among others. Gupta et al., supra note 7, at 19, 22. A study from 2016 in Harris
County, Texas found that of defendants with similar characteristics who differ only in their pretrial custody status, detained
defendants were 25 percent more likely to plead guilty. Heaton et al., supra note 7. Brooklyn Defender Services estimated that in 2013,
detained defendants were more than nine times as “likely to plead guilty to a misdemeanor” than released defendants. Matt Sledge,
Community Bail Fund for Poor Defendants to Launch in Brooklyn, Huffington Post (Mar. 17, 2015, 4:26 PM),
http://www.huffingtonpost.com/2015/03/17/brooklyn-community-bail-fund_n_6886836.html. Pretrial detention negatively impacts
defendants’ ability to negotiate plea bargains. Because incarcerated defendants need to be released as soon as possible, these
defendants are more likely to accept an unfavorable plea bargain. Will Dobbie et al., The Effect of Pre-Trial Detention on Conviction, Future
Crime, and Employment: Evidence from Randomly Assigned Judges 25 (Nat’l Bureau of Econ. Research, Working Paper No. w22511, 2016),
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2823319.