Research Capsule: State of the Science of Pretrial Assessment

Article: State of the Science of Pretrial Assessment (pdf) March, 2011

Author / Publication: Cynthia A. Mamalian, PhD — Bureau of Justice Assistance

Summary: “The most important decision that is made with respect to a newly arrested defendant is whether to release that defendant into the community while awaiting trial; getting that decision right is critically important for both the defendant and the community at-large.” This report offers a comprehensive overview of recent research into fair and effective practices in pretrial release decision-making. It recognizes the practicalities of pretrial release decisions, and offers templates that have proven their effectiveness in releasing appropriate defendants while they await trial.

The Six Most Common Validated Pretrial Risk Factors

Takeaways 

  1. Quality data is critically important for making and evaluating sound pretrial release decisions.
  2. Objective risk assessment tools offer better and more consistent outcomes than subjective tools.
  3. “Court culture” — judicial attitudes — toward pretrial release significantly alters practices, regardless of assessment tool.