Pretrial Release in Virginia: Investigating the Influence of Defendant Characteristics and Community Type on Pretrial Outcome

This study identified defendant characteristics that are related to pretrial outcome (success or failure pending trial) in Virginia. The study also investigated the potential differences in predictors across community types (Large Urban, Small Urban, Mixed, and Rural). Identification of factors that are predictors of outcome, as well as any differences across community types, can assist judicial officers in making the bail decision. The bail decision, to release or incarcerate a defendant pending trial, is a monumental one. Judicial officers must attempt to fairly and equitably balance the rights and needs of the defendant with those of the public at large. The successful identification of predictors of pretrial outcome, if used by judicial officers, can improve bail decisions and result in an increase to public safety, a reduction in the potential for disparity in bail decisions, the protection of the presumption of innocence, and an improvement in the operation of the criminal justice system. The Beeley Theory of Pretrial Risk Prediction guided this research. This theory states that individual defendant characteristics including current charge, criminal history, social history, and personal characteristics, are related to pretrial outcome and should be considered in the bail decision-making process. The research also tested the Assumption of Community Differences for the first time. This assumption refers to the belief that the predictors of pretrial outcome are different depending on the community type in which a defendant resides. The Virginia Department of Criminal Justice Services provided the database for this research. The database contained 1,971 valid cases with 1 dependent variable (outcome) and 50 independent variables that were measures of demographics, health, community and general stability, criminal history, and community type. The cases were collected from seven Virginia localities representing the four community types. The data analysis consisted of descriptive, bivariate (Chi-Square and Mann-Whitney U), and multivariate (Binary Logistic Regression) statistics. The Beeley Theory of Pretrial Risk Prediction and the Assumption of Community Differences were both supported. Sixteen defendant characteristics were related to pretrial outcome. The best predictors of outcome varied across community types. Recommendations for public policy and future research are presented

Comparing the Lifestyles of Victims, Offenders, and Victim-Offenders: A Routine Activity Theory Assessment of Similarities and Differences for Criminal Incident Participants

Drawing on routine activity theory, this paper examines a sample of college students involved in criminal assault to assess whether victims, offenders, and those who are both victims and offenders show similarities on demographic, social activity, neighborhood, exposure, illegal activities, and alcohol and drug use variables. This research tests previous claims that criminal victims and offenders have numerous shared characteristics and behaviors. For all three groups a wide range of sophisticated measures of lifestyle are used to predict the likelihood of involvement in criminal incidents of assault. Victimization risks are primarily explained by indicators of individuals’ exposure to offenders. Likelihood of offending is most usefully explained by demographics and participation in other illegal behaviors. Being both a victim and offender of assault is explained by a more complex set of indicators, encompassing a wide range of factors. Based on these results it appears that, for the crime of assault, victims, offenders, and victim-offenders are three distinct groups, identifiable by varying lifestyle measures. Results provide moderate support for routine activity theory and strongly support the need for refined measures of lifestyle when assessing criminal incident involvement. © Taylor & Francis Group, LLC