Exam 3 Pub Policy

About what percentage of people detained in U.S. jails are held pretrial and presumed innocent?

60% in jail on a given day are pretrial detainees.

About how many jail admissions were there in 2024?

Total annual admissions = 7.9 million persons.

According to class discussion, about how many people do jails hold?

Average daily population = 667,700 persons. Some jails hold a small amount, while others hold thousands.

According to class discussions about the differences between jails and prisons, which of the following statements is true?

Less resources and less stable environments. Jails operate at the local level, less oversight than prisons, vary widely across places.

According to class discussion and Anderson et al. 2021, "The Pains of Pretrial," how can pretrial detention "cut off" social capital?

Precludes people from managing lives + create social disintegration for (finances, work, family, children) immediate social problems.

According to class discussion and Anderson et al. (2021), "The Pains of Pretrial," what experiences in pretrial detention might reduce perceptions of legitimacy?

Perceptions of unfair + poor treatment reduce legitimacy.

According to class discussion and Anderson et al. (2021), about what percentage of people in jail pretrial report any victimization by staff?

6% of people report victimization by staff.

According to class discussions and Anderson et al. (2021), about what percentage of people in jail pretrial report spending time in solitary confinement?

17% have reported experiencing solitary confinement.

Which of the following was the primary original purpose of cash bail?

Money/property as assurance that a person charged with criminal offense will return for scheduled court dates + not engage in any criminal activity during Pretrial Period.

How did the first/earliest application of bail work in the United States?

Early American bail English practices: Judges released most people if someone would vouch that you'd come back to court (personal sureties). Money owed if failed to appear, pretrial jailing was limited mostly to capital cases.

What motivated the purpose of the Bail Act of 1966?

Passed to reduce discrimination in Pretrial detention + increase release rates.

What significant change did the Bail Reform Act of 1984 introduce? It...

Allowed judges to detain person if individual posed threat to Public Safety no matter their charge. Allowed discretion as saw fit.

According to critics of cash bail, why is it problematic that people held pretrial plead guilty faster and at higher rates than people released pretrial?

Concerns of coercion to plead guilty (pleading guilty to get out).

According to research discussed in class, what long-term outcome of pretrial detention is most supported by evidence?

Decreased formal sector employment + earnings (strongest evidence)

More likely to be convicted and recidivate.

Which of the following is NOT one of the bail reforms that we discussed in class?

(Pick option that's NOT any of the bail reforms discussed in class):

-Implementing Pretrial Assessment instruments

-Providing Pretrial services + supervisions

-Addressing failure to appear.

-outlawing bondsmen

Which of the following best describes theorized indirect effects of pretrial detention?

Indirect pretrial detention increases the likelihood of conviction, causing long-term consequences (cumulative disadvantage).

Which of the following is an example of cumulative disadvantage?

Prior disadvantage increases likelihood of future disadvantage. Ex: long term employment consequences

What is the goal of an outcome evaluation?

Shows if policy did what it was theorized to do/ associated with a policies outcome.

In class discussion about outcome/impact evaluation "metrics," we discussed body-worn cameras for police. Which of the following best summarizes this discussion?

Underscores importance of theoretically-informed policy.

police body warning cameras should be measured

What is the difference between an outcome and impact evaluation?

-Outcome evaluation = shows if policy is associated with outcome.

Impact evaluation = determines if association was causal.

What is a confounder?

Factors that can create a spurious relationship (shared underlying causes).

Which of the following is an example of selection bias in the evaluation of diversion courts?

People diverted to diversion courts are systematically different from those who are not. People are selected based on certain characteristics / self-sorting into or out of target group. = selection bias.

Which of the following best defines "nonspuriousness?"

Relationship you observe that isn't explained away by other variables.

How does Mears (2010) Chapter 7 define "the counterfactual?"

What would happen if the same people stayed the same without the policy? (What would happen in absence of intervention / policy change).

Which of the following best describes result about murder from class discussion on the paper, "Does Bail Reform Increase Crime?" (Wu & McDowall, 2024)?

Researchers using a synthetic control design found that New York's bail reform did not have a statistically significant effect on murder rates. The increase in the murder rate was not statistically significant and did not cross the threshold to prove that bail reform caused the crime change.

In class, we discussed sentence lengths according to the different goals of punishment. To theoretically achieve the goal of "incapacitation," how would we determine how long someone should spend in prison?

Determining how long until they're considered low risk or crime meets the general population (age crime curve.)

In class, we discussed a paper on the relationship between time served in prison and recidivism probabilities in Florida. What was the general finding?

Curvilinear effects FL u shaped =relationship between sentencing and recidivism is not straightforward and limited utility where flatlined.

When did judges gain more power over sentencing, and why?

In 1800s / 19th century judges became leaders of sentencing

What are the three potential benefits of discretion that we discussed in class?

-Flexibility in decision making,

-Efficiency in criminal justice process,

-Adaptability to changing circumstances.

What are the three potential problems with discretion that we discussed in class?

-Disparities and unequal treatment

-Can create conditions that allow for abuse of power

-Subverting intentions of laws/policy

Which best describes sentencing practices during the "rehabilitation" era?

Indeterminate sentencing: Minimum and maximum term determined at discretion of parole board based on behavior, rehabilitation, and risk.

What two concerns with discretionary sentencing influenced the onset of sentencing guidelines?

-Concerns about disparity (racial disparity)

-Judge leniency / judges too soft on crime.

Which of the following best defines a Sentencing Commission?

Creates guidelines using data + legal expertise to determine best practices (proportionate,effective, consistent).

Which of the following best describes the influence of sentencing guidelines on sentencing disparities?

-Reduce in disparity, increase in data and transparency. (limited by mandatory minimums and prosecutorial subversions).

-Disparities improved but still exist

What does "courtroom workgroup theory" emphasize?

Cases are not adversarial but collaborative processes (plea bargains) where all parties have the goal of processing cases efficiently.

What was the key example of "hydraulic displacement of discretion" discussed in class?

Policies aimed to reduce discretion in one part of criminal justice processes result in adjustments at other discretionary points.

Discretion becomes moved from place to place. (Ex: rise of sentencing guidelines making prosecutorial decisions critical).

What are key challenges to researching prosecutorial decision-making?

-Limited transparency + data collection by prosecutors' offices.

-Difficulty in controlling unobserved variables (case strength + victim preferences).

In class, we discussed Engen & Steen's (2000) paper on discretion and sentencing reform in the War on Drugs. What did the authors report about prosecutorial discretion after changes to Washington's sentencing guidelines?

-Prosecutors use a tougher sentencing guideline under an organizational efficiency model to get a guilty plea.

Substantive Rationality: Prosecutors will change charging based on norms + organizational efficiency, using harsh mandatory minimums to secure pleas.

According to Mitchell and Petersen's (2025) "The Rise of Progressive Prosecutors," what structural and legal condition primarily enabled the progressive prosecution movement to emerge and implement local reforms without altering state laws?

Chief Prosecutors in US are usually elected making it unusually political. PCPs can be highly effective 'agents of change' as they truly control the application of criminal laws in their jurisdiction.

In Mitchell and Petersen's (2025), "The Rise of Progressive Prosecutors," what does research find about the influence of progressive chief prosecutors (PCPs) on crime rates?

Research finds the election of Chief Prosecutors does not have an effect on crime rates.

In Mitchell and Petersen's (2025), "The Rise of Progressive Prosecutors," what is meant by the term "toplash?"

Political backlash (consequence of PCP movement). Conflicts arise.

Which best describes the roles of victims in the criminal justice system over time in the U.S. before the Victims' Rights Movement?

-Early common law system (Colonial Period - 1700s), victims responsible for seeking justice, initiated prosecutions, and gathered evidence.

-After rise of public prosecutors (1800s-late 1800s), victims were removed from the system, becoming "invisible," passive witnesses, or reduced to source of evidence.

In class, we discussed criticisms of victim involvement in punishment. Which of the following was NOT one of the three criticisms we discussed?

(Choose option that's NOT the 3 criticisms we discussed): overall undermines rational goals of CJ.

-Inconsistent with principles of justice system.

-Undermines utilitarian goals of punishment.

-burdens the criminal justice system

How did orientations towards victims and offenders change after the shift to state-controlled prosecution, before the Victim's Rights Movement?

The system shifted toward the rehabilitation of offenders, introducing policies aimed at reducing recidivism, expanding parole, and limiting harsh sentencing, while victims were left with limited support and services.

In class, we discussed victims' rights. According to this discussion, which factors led to the Victims' Rights Movement in the U.S.?

-Development of "Victimology" (victim study).

-Rise of crime in the 1960s-1970s.

-Rise of feminist movements (Second Wave Feminism 1963-1980 tracking sexual assault and domestic violence).

-Growth of victim activism and victim-centered organizations (ex: Parents of Murdered Children, Mothers Against Drunk Driving).

Which of the following best describes a "victim impact statement"?

A formal statement by victims or families at sentencing hearings, detailing how the crime affected them emotionally, physically, and financially. Given before sentencing.

According to class discussion, which of the following is true about the impact of the Victims' Rights Movement?

Judges didn't sentence differently after victim impact statements, but it did affect parole board decisions. Led to evaluation of victim input at sentencing and parole. Sentencing makes more sense because they are punished for the act they commited.

Which of the following is a component of the 2004 Crime Victims' Rights Act?

9 components of the 2004 Crime Victims' Rights Act:

-Right to be reasonably protected from the accused.

-Right to timely notice of public court proceedings or escape of the accused.

-Right not to be excluded from any public proceeding.

-Right to be reasonably heard at any public proceedings.

-Right to confer with the attorney for the Government in the case.

-Right to timely restitution as provided in law.

-Right to proceeding without delay.

-Right to be treated with fairness and with respect for the victim's dignity and privacy.

-Right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.

Marsy's Law is typically called the Victims Bill of Rights and is a constitutional amendment at the state level. One argument in support of Marsy's Law is that it "balances the criminal justice system." What does this mean, according to proponents of the law?

It argues that victims have a right to due process that cannot be violated, giving victims a due process right that matches the rights given to the accused. Unconstitutional if violated.

What is a counterargument discussed in class to the argument that Marsy's Law "balances the criminal justice system?"

It is logically flawed because the U.S. justice system is built to protect the accused because victims are already protected by the State.

Additionally, raises due process concerns by restricting access to evidence and weakening the presumption of innocence.