审前羁押对定罪、未来犯罪和就业的影响:来自随机分配法官的证据

The Effects of Pre-Trial Detention on Conviction, Future Crime, and Employment: Evidence from Randomly Assigned Judges

American Economic Review · 2018
被引 536 · 同刊同年前 6%
人大 A+FT50ABS 4*

中文导读

利用随机分配保释法官的倾向,估计审前羁押对被告后续结果的影响,发现审前羁押显著增加定罪概率(主要通过认罪),对正式就业和政府福利有负面影响。

Abstract

Over 20 percent of prison and jail inmates in the United States are currently awaiting trial, but little is known about the impact of pretrial detention on defendants. This paper uses the detention tendencies of quasi-randomly assigned bail judges to estimate the causal effects of pretrial detention on subsequent defendant outcomes. Using data from administrative court and tax records, we find that pretrial detention significantly increases the probability of conviction, primarily through an increase in guilty pleas. Pretrial detention has no net effect on future crime, but decreases formal sector employment and the receipt of employment- and tax-related government benefits. These results are consistent with (i) pretrial detention weakening defendants' bargaining positions during plea negotiations and (ii) a criminal conviction lowering defendants' prospects in the formal labor market.

审前羁押定罪就业随机法官分配