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Essays on Pretrial Detention Decision-Making: Evidence From Brazil
Essays on Pretrial Detention Decision-Making: Evidence From Brazil
상세정보
- 자료유형
- 학위논문 서양
- 최종처리일시
- 20260202104856
- ISBN
- 9798288817410
- DDC
- 345.73
- 서명/저자
- Essays on Pretrial Detention Decision-Making: Evidence From Brazil
- 발행사항
- [Sl] : Stanford University, 2023
- 발행사항
- Ann Arbor : ProQuest Dissertations & Theses, 2023
- 형태사항
- 188 p
- 주기사항
- Source: Dissertations Abstracts International, Volume: 87-02, Section: A.
- 주기사항
- Advisor: Donohue, John, III.
- 학위논문주기
- Thesis (J.S.D.)--Stanford University, 2023.
- 초록/해제
- 요약This 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 (typical of civil law systems). Albeit on different levels, all three articles assess their findings against inter-American human rights law, presenting rare sub-national quantitative studies engaged with international human rights law.The chart below depicts the close relationship between this dissertation's three articles. The first 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.My primary motivation for this dissertation was the perception (based in part of my fieldwork experience during the SPILS program) that Brazilian courts abusively resort to pretrial detention and that the phenomenon requires urgent reforms, in line with the trend in the Americas. The findings herein largely corroborate that prior while also providing a nuanced account that, in a nutshell, (i) reveals a practice of non-exceptional use of pretrial detention to achieve punitive goals through denials of pretrial release, (ii) identifies a set of pretrial detention costs that reinforce the standard requiring it to be exceptional and (iii) demonstrates how adopting statistical pretrial risk assessment could move Brazil closer to such exceptionality standard and still decrease FTA rates. Unexpected findings include the extremely limited role of money bail in long-term pretrial detention, the prediction that the FTA rate would remain moderate even if all defendants were released pretrial and the lack of evidence that pretrial detention increases sentence length.
- 일반주제명
- Bail
- 일반주제명
- Evidence
- 일반주제명
- Domestic violence
- 일반주제명
- Constitutional law
- 일반주제명
- Criminal pleas
- 일반주제명
- Trials
- 일반주제명
- Decision making
- 일반주제명
- Restrictions
- 일반주제명
- Criminal sentences
- 일반주제명
- Mass incarceration
- 일반주제명
- Criminal investigations
- 일반주제명
- Prisoners
- 일반주제명
- Criminal records
- 일반주제명
- Imprisonment
- 일반주제명
- Human rights
- 일반주제명
- Criminal procedure
- 일반주제명
- Parole & probation
- 일반주제명
- Equal rights
- 일반주제명
- Law enforcement
- 일반주제명
- Criminology
- 일반주제명
- Law
- 키워드
- Civil law
- 기타저자
- Stanford University.
- 기본자료저록
- Dissertations Abstracts International. 87-02A.
- 전자적 위치 및 접속
- 로그인 후 원문을 볼 수 있습니다.
MARC
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■00520260202104856
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■007cr#unu||||||||
■020 ▼a9798288817410
■035 ▼a(MiAaPQ)AAI32201015
■035 ▼a(MiAaPQ)Stanfordwt310qg4424
■040 ▼aMiAaPQ▼cMiAaPQ
■0820 ▼a345.73
■1001 ▼aNascimento dos Reis, Thiago.
■24510▼aEssays on Pretrial Detention Decision-Making: Evidence From Brazil
■260 ▼a[Sl]▼bStanford University▼c2023
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2023
■300 ▼a188 p
■500 ▼aSource: Dissertations Abstracts International, Volume: 87-02, Section: A.
■500 ▼aAdvisor: Donohue, John, III.
■5021 ▼aThesis (J.S.D.)--Stanford University, 2023.
■520 ▼aThis 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 (typical of civil law systems). Albeit on different levels, all three articles assess their findings against inter-American human rights law, presenting rare sub-national quantitative studies engaged with international human rights law.The chart below depicts the close relationship between this dissertation's three articles. The first 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.My primary motivation for this dissertation was the perception (based in part of my fieldwork experience during the SPILS program) that Brazilian courts abusively resort to pretrial detention and that the phenomenon requires urgent reforms, in line with the trend in the Americas. The findings herein largely corroborate that prior while also providing a nuanced account that, in a nutshell, (i) reveals a practice of non-exceptional use of pretrial detention to achieve punitive goals through denials of pretrial release, (ii) identifies a set of pretrial detention costs that reinforce the standard requiring it to be exceptional and (iii) demonstrates how adopting statistical pretrial risk assessment could move Brazil closer to such exceptionality standard and still decrease FTA rates. Unexpected findings include the extremely limited role of money bail in long-term pretrial detention, the prediction that the FTA rate would remain moderate even if all defendants were released pretrial and the lack of evidence that pretrial detention increases sentence length.
■590 ▼aSchool code: 0212.
■650 4▼aBail
■650 4▼aEvidence
■650 4▼aDomestic violence
■650 4▼aConstitutional law
■650 4▼aCriminal pleas
■650 4▼aTrials
■650 4▼aDecision making
■650 4▼aRestrictions
■650 4▼aCriminal sentences
■650 4▼aMass incarceration
■650 4▼aCourt hearings & proceedings
■650 4▼aCriminal investigations
■650 4▼aPrisoners
■650 4▼aCriminal records
■650 4▼aImprisonment
■650 4▼aHuman rights
■650 4▼aCriminal procedure
■650 4▼aParole & probation
■650 4▼aEqual rights
■650 4▼aLaw enforcement
■650 4▼aCriminology
■650 4▼aLaw
■653 ▼aCriminal procedure tradition
■653 ▼aCivil law
■653 ▼aFailure to appear
■690 ▼a0206
■690 ▼a0627
■690 ▼a0398
■71020▼aStanford University.
■7730 ▼tDissertations Abstracts International▼g87-02A.
■790 ▼a0212
■791 ▼aJ.S.D.
■792 ▼a2023
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T17359254▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.


