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Pretrial detention and conviction

Author

Listed:
  • Ana Maria Diaz

    (Pontificia Universidad Javeriana)

  • Luz Magdalena Salas

    (Pontificia Universidad Javeriana)

Abstract

Preventive detention legislation allows for the ongoing detention of an offender’s sentence. We explore the effects of pretrial detention on case outcomes in Bogotá, Colombia, from 2005–2017. Using pretrial judge leniency as an instrument, we find that pretrial detention leads to a 48 percentage point increase in the likelihood of being convicted. The rise in the probability of reaching agreements among defendants who would have otherwise been acquitted or had their charges dropped explains our findings. We also find evidence of an increase in the likelihood of pleading guilty for those detained pretrial and who experience a more significant incarceration sentence. Colombian prisons are overcrowded. Pretrial detentions add to the cost of maintenance of the prisoners. Policymakers should consider whether the costs associated with pretrial detention outweigh the potential benefits.

Suggested Citation

  • Ana Maria Diaz & Luz Magdalena Salas, 2022. "Pretrial detention and conviction," European Journal of Law and Economics, Springer, vol. 53(1), pages 1-25, February.
    • Handle: RePEc:kap:ejlwec:v:53:y:2022:i:1:d:10.1007_s10657-021-09723-4
    DOI: 10.1007/s10657-021-09723-4
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    References listed on IDEAS

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    1. Manudeep Bhuller & Gordon B. Dahl & Katrine V. Løken & Magne Mogstad, 2020. "Incarceration, Recidivism, and Employment," Journal of Political Economy, University of Chicago Press, vol. 128(4), pages 1269-1324.
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    6. Megan T Stevenson, 2018. "Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 34(4), pages 511-542.
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    More about this item

    Keywords

    Preventive detention; Punishment sufficiency; Sentencing; Risk;
    All these keywords.

    JEL classification:

    • J21 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Labor Force and Employment, Size, and Structure
    • J22 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Time Allocation and Labor Supply
    • J23 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Labor Demand
    • J24 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Human Capital; Skills; Occupational Choice; Labor Productivity
    • J33 - Labor and Demographic Economics - - Wages, Compensation, and Labor Costs - - - Compensation Packages; Payment Methods

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