The Association Between Misdemeanor Citation and Jail Placement

Abstract

Jail population sizes are determined largely by decision-making in the courtroom. The current study recognizes the police officer’s influence in the courtroom and explores the impact of police officer decision-making on subsequent jail outcomes. Using administrative data on misdemeanor convictions processed in a mid-sized urban prosecutor’s office in Florida, I examine the relationship between discretionary citations in lieu of arrest, pretrial detention stays, and jail sentences. Results show that citations are not used frequently, but they are associated with lower rates of both detention and jail sentences. These findings are evidence of a custodial inertia, where defendants who begin their cases in jail are progressively more likely to be there during and after case processing. This points to a potential role for citations in lieu of arrest as a tool to help reduce jail overcrowding.