Essays on pretrial detention decision-making : evidence from Brazil

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Abstract/Contents

Abstract
This dissertation investigates the Brazilian pretrial criminal decision-making through a series of quantitative case studies relying on a tailor-made dataset including over 2,000 defendant-level observations from a large city (Campo Grande, Mato Grosso do Sul). In the overall, this research analyzes the Brazilian judicial practice to identify pretrial detention's key mechanisms and explanatory factors, assess its effects on case outcomes and explore the potential effectiveness of introducing statistical pretrial risk assessment in the country. The dissertation dialogues with the growing, though still U.S.-concentrated, empirical literature on pretrial justice by providing novel quantitative legal analyses from an influential Global South jurisdiction with the world's third largest incarceration population and a non-adversarial criminal procedure tradition. The first article provides an overview of pretrial detention in the first 100 days with descriptive statistics and inferential analyses that tease out the main case and defendant factors associated with pretrial decisions. The second article compares the real performance of judges in assessing defendant risk of failure to appear (FTA) with a simulated scenario where they rely on statistical risk prediction to decide between pretrial detention or release. Finally, the third article investigates the causal inference question of whether and the extent to which pretrial detention affects case outcomes.

Description

Type of resource text
Form electronic resource; remote; computer; online resource
Extent 1 online resource.
Place California
Place [Stanford, California]
Publisher [Stanford University]
Copyright date 2023; ©2023
Publication date 2023; 2023
Issuance monographic
Language English

Creators/Contributors

Author Nascimento dos Reis, Thiago
Degree supervisor Donohue, John J III, 1953-
Thesis advisor Donohue, John J III, 1953-
Thesis advisor Cavallaro, James
Thesis advisor Weisberg, Robert, 1946-
Degree committee member Cavallaro, James
Degree committee member Weisberg, Robert, 1946-
Associated with Stanford University, School of Law

Subjects

Genre Theses
Genre Text

Bibliographic information

Statement of responsibility Thiago Nascimento dos Reis.
Note Submitted to the School of Law JSD.
Thesis Thesis JSD Stanford University 2023.
Location https://purl.stanford.edu/wt310qg4424

Access conditions

Copyright
© 2023 by Thiago Nascimento dos Reis
License
This work is licensed under a Creative Commons Attribution Non Commercial 3.0 Unported license (CC BY-NC).

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