The Association Between Misdemeanor Citation and Jail Placement

• Published date: 01 February 2024
• DOI: http://doi.org/10.1177/00938548231219800
• Author: R.R. Dunlea
• Date: 01 February 2024
• Subject Matter: Articles

CRIMINAL JUSTICE AND BEHAVIOR, 2024, Vol. 51, No. 2, February 2024, 247 –265.

DOI: https://doi.org/10.1177/00938548231219800

Article reuse guidelines: sagepub.com/journals-permissions

© 2023 International Association for Correctional and Forensic Psychology

247

THE ASSOCIATION BETWEEN MISDEMEANOR

CITATION AND JAIL PLACEMENT

R.R. DUNLEA

University of Massachusetts Lowell, USA

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 exam-

ine 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.

Keywords: citation in lieu of arrest; courtroom; pretrial detention; jail

Numerous efforts focus on alleviating overcrowding in U.S. county jails. Growing rec-

ognition that incarceration is not an effective way to reduce crime, calls to reduce

criminal legal expenditures, and attention to the social, economic, and racially disparate

costs of pretrial detention have driven reforms that have chipped away at incarceration rates

for over a decade (Blumstein, 2019; Brown & Schept, 2017; Seeds, 2017). Decarceral poli-

cies intended to mitigate the early spread of COVID-19 have further reduced jail admis-

sions since 2020 (Heiss et al., 2020). However, jail capacities continue to grow, and jail

populations are rebounding upward toward prepandemic levels (Widra, 2022). Policymakers

and practitioners continue to seek ways to reduce jail populations without jeopardizing

public safety.

Jail population sizes are determined largely by decision-making in the courtroom. Bail

and detention practices shape the size of pretrial populations, which account for approxi-

mately two-thirds of people in jail on any given day (Zeng & Minton, 2021). Jail stays for

individuals who are convicted are likewise determined by the number, type, and length of

incarceration sentences issued at the end of case processing. Understanding the factors that

AUTHORS’ NOTE: This work was supported by the John D. and Catherine T. MacArthur Foundation under

the grant G-1706-152065. The views expressed in this article are the authors’ and do not necessarily represent

the position of the MacArthur Foundation. Correspondence concerning this article should be addressed to R.R.

Dunlea, School of Criminology and Justice Studies, University of Massachusetts Lowell, 113 Wilder Street,

Lowell, MA 01854; e-mail: Rebecca_dunlea@uml.edu.

1219800CJBXXX10.1177/00938548231219800Criminal Justice and BehaviorDunlea / Association Between Misdemeanor Citation and Jail

research-article2023

248 CRIMINAL JUSTICE AND BEHAVIOR

lead court actors to pursue short-term custodial placements is therefore crucial for identify-

ing new policies that can further contribute to reductions in jail populations.

Although police officers hold substantial power over case processing as both gatekeepers

and close partners to the prosecutor, the influence of police referral practices on jail place-

ments has received little empirical attention. In particular, the use of citations in lieu of

arrest has the potential to facilitate sustainable reductions in jail populations (Baumer &

Adams, 2006). Many professional and advocacy organizations support the use of citations

for low-level offenses (American Bar Association, 2007; National Conference of State

Legislatures, 2019; Pretrial Justice Institute, 2020), and an estimated 87% of law enforce-

ment agencies in the United States use the citation process to varying degrees (International

Association of Chiefs of Police [IACP], 2016). However, the impact of this practice remains

in question. Citations can reduce initial jail bookings by creating an initial presumption of

nonfinancial release, but they may also mitigate other meaningful disadvantages of arrests

during case processing and sentencing (Fradella & Purdon, 2021).

In this study, I consider whether police referral decisions are associated with custodial

decisions made by other courtroom actors. Using administrative data from the case manage-

ment system of a mid-sized urban prosecutor’s office in Florida, I assess whether the discre-

tionary decision to initiate a case via citation rather than arrest predicts the likelihood of

pretrial detention and jail sentences in misdemeanor cases. The possibility of a custodial

inertia, in which defendants who are arrested are more likely to find themselves in jail at

later points in case processing, may point to a role for the greater use of citations in reforms

that target the scaling back of jail populations.

POLICE INFLUENCE IN THE COURTROOM

Law enforcement officers play a meaningful but often overlooked role in courtroom case

processing. Typically the first gatekeeper of the criminal case, the investigating officer, first

identifies crimes and suspects, gathers initial evidence, and decides which cases to refer for

prosecution. After cases reach the courtroom, however, police officers continue to hold sub-

stantial indirect power over case processing by maintaining close partnership with prosecu-

tors. Extant work has characterized the police-prosecutor relationship as one of dependency,

where prosecutors view themselves as reliant on law enforcement officers for the referral and

building of criminal cases (Dunlea, 2022; Trivedi & Gonzalez Van Cleve, 2020). Evidence

of a power imbalance is visible at the organizational level, where police unions frequently

apply pressure in local prosecutorial elections, and prosecutors in turn hinder efforts to

reform police agencies and increase police accountability (Harris, 2011; Richman, 2021). It

is also visible in the processing of individual cases, where the prosecution of police miscon-

duct is rare, and officers can provide explicit input before plea deals and sentences are deter-

mined (Abel, 2017; Trivedi & Gonzalez Van Cleve, 2020; Zeidman, 2018).

Despite the gatekeeping and political power of the police, however, information about

the type and amount of influence that officers have over case processing remains limited.

Research shows that the strength and type of evidence gathered can shape case outcomes

such as prosecutorial charging decisions (Lee & Testa, 2020; Spears & Spohn, 1997), plea

bargaining outcomes (Albonetti, 1990; Jacoby & Ratledge, 2016), and sentences (Nir &

Griffiths, 2018). Focusing on the frequency of interaction between police officers and court

actors, Sloan and Miller (1990) found that being a “repeat player” police officer did not

impact charge reductions in felony drug cases. In contrast, Anderson (1987) found that