Providing legalcounsel at initial bail hearings lowers incarceration rates, shows study RANDCorporation ScienceAdvances
Researchers found that having legal counsel at bail hearings increased the probability of being released without monetary bail by 21% and reduced the probability that an individual was in jail three days after their bail hearing by 10%.
In the U.S., during the first court appearance after an arrest, a judge makes a decision about the conditions necessary for ato be released from jail until the case is resolved. Most jurisdictions operate a cash bail system in which a judge determines an amount a person must pay to be released from detention.
Prior to this study, an open question was whether providing a lawyer at the bail hearing will have an impact on defendant outcomes. While defendants have a right to an attorney at all critical stages of a criminal prosecution, bail hearings are not considered a critical stage in many jurisdictions, in part because they are short, non-evidentiary hearings that are often conducted in an assembly line fashion without much input from the defendant or prosecution.
The RAND team created a public defender work schedule such that the shifts in which a public defender was working had defendants and judges who were on average nearly identical to those in which a public defender was not working. This meant the study was akin to a randomized control trial, allowing researchers to rigorously measure the impact of providing a public defender at a defendant's initial bail hearing.
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