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CRIMINOLOGY

NATURE OR CRIME-HISTORY-CAUSES-STATISTICS

Posts in social science
Survey of State Criminal History Information Systems, 2022

By Becki R. Goggins, Dennis A. DeBacco

This report summarizes the results from the seventeenth survey of criminal history information systems conducted for BJS by SEARCH, The National Consortium for Justice Information and Statistics, since 1989; it presents data on the functions and status of state criminal history files as of December 31, 2022. This report is based on the results from a survey conducted among the administrators of the state criminal history record repositories in May–July 2023. The Federal Bureau of Investigation (FBI) was the source for some of the information relating to criminal history records, including state participation in the Interstate Identification Index (III) system (the national criminal records exchange system) and the number of III records maintained by the FBI on behalf of the states; the number of records in the wanted persons file; and the protection order file of the FBI’s National Crime Information Center (NCIC) database. The report found that forty-nine states, the District of Columbia, and Guam report the total number of persons in their criminal history files as 116,447,200, of which over 96% are automated records; thirty states, the District of Columbia, and Guam have fully automated criminal history files.

Sacramento, CA: SEARCH Group, Incorporated; 2024. 65p.

Anti-Social Norms

By Leopoldo Fergusson, José-Alberto Guerra, and James Robinson

Since formal rules can only partially reduce opportunistic behavior, third-party sanctioning to promote fairness is critical to achieving desirable social outcomes. Social norms may underpin such behavior, but they can also undermine it. We study one such norm the “don’t be a toad” norm, as it is referred to in Colombia that tells people to mind their own business and not snitch on others. In a set of fairness games where a third party can punish unfair behavior, but players can invoke the “don’t be a toad” norm, we find that the mere possibility of invoking this norm completely reverses the benefits of third-party sanctioning to achieve fair social outcomes. We establish this is an anti-social norm in a well-defined sense: most players consider it inappropriate, yet they expect the majority will invoke it. To understand this phenomenon we develop an evolutionary model of endogenous social norm transmission and demonstrate that a payoff advantage from adherence to the norm in social dilemmas, combined with sufficient heterogeneity in the disutility of those who view the norm as inappropriate, can generate the apparent paradox of an anti-social norm in the steady-state equilibrium. We provide further evidence that historical exposure to political violence, which increased the ostracization of snitches, raised sensitivity to this norm.

Chicago: University of Chicago, The Becker Friedman Institute for Economics (BFI) , 2024. 57p.

Criminal Record Stigma in the Labor Market for College Graduates: A Mixed Methods Study

By Michael Cerda-Jara and David J. Harding

One of the primary ways in which contact with the criminal legal system creates and maintains inequality is through the stigma of a criminal record. Although the negative effects of the stigma of a criminal record are well-documented, existing research is limited to the low-wage labor market. Through a job application audit design, this study examines the role of criminal record stigma in the labor market for recent college graduates across Black, Latino, and white men. We find that criminal record stigma has a large effect among white college-educated men but not among Black or Latino men and find no evidence that earning a college degree after the record mitigates criminal record stigma. In-depth interviews with college-educated men with a criminal record show that the criminal record stigma has effects beyond the initial application stage, as many reported provisional job offers being rescinded following a criminal background check, leading participants to limit the jobs to which they applied

Sociological Science 11: 42-66.2024

Profiling consumers who reported mass marketing scams: demographic characteristics and emotional sentiments associated with victimization

By Marguerite DeLiema and Paul Witt

We examine the characteristics of consumers who reported scams to the U.S. Federal Trade Commission. We assess how consumers vary demographically across six scam types, and how the overall emotional sentiment of a consumer’s complaint (positive, negative, neutral/mixed) relates to reporting victimization versus attempted fraud (no losses). For romance, tech support, and prize, sweepstakes, and lottery scams, more older than young and middle-aged adults reported victimization. Across all scam types, consumers classified as Black, Hispanic, and Asian/Asian Pacific Islander were more likely than non-Hispanic white consumers to report victimization than attempted fraud. Relative to complaints categorized as emotionally neutral or mixed, we find that emotionally positive complaints and emotionally negative complaints were significantly associated with victimization, but that these relationships differed by scam type. This study helps identify which consumer groups are affected by specific scams and the association between emotion and victimization.

Security Journal (2024) 37:921–964

Identifying trends and patterns in offending and victimization on Snapchat: A rapid review

By Kelly Huie, Michelle Butler, & Andrew Percy

Few studies have examined crime on Snapchat despite its popularity and growing accounts of victimization occurring on the application. This study addresses this gap in knowledge by conducting a rapid review of crime on Snapchat across 18 databases. The findings indicate this area is under-researched, with only 35 articles eligible for inclusion and fve focusing solely on crime on Snapchat. Nevertheless, eleven types of crimes were identified as occurring on Snapchat, including: blackmail; the sharing of private, sexual material without consent; grooming/solicitation of minors; stalking; posting threatening, intimidating or harassing material; hate crime; sharing offensive, menacing or obscene content; obtaining illicit goods; identity theft; fraud; and hacking. The findings additionally revealed some patterns in offending and victimization that are also discussed.

Security Journal (2024) 37:903–920

Foundations and trends in the darknet‑related criminals in the last 10 years: A systematic literature review and bibliometric analysis

By: Hai Thanh Luong

After the Silk Road closure, many studies started focusing on the trend and patterns of darknet-related crimes in the 2010s. This frst study combined a systematic literature review and bibliometric analysis in the feld. This study clarifes 49 articles in criminology and penology among 1150 publications relating to the darknet on the Web of Science database to review and analyze the research evolutions of this topic in the last decade. The main fndings point out (1) almost all leading authors with their most infuential papers came from the Global South with predominant contributions; (2) unbalancing publications between regional scholars and their institutions and countries although the darknet-related criminals occurred and operated without border; and (3) some specialized themes have identifed to call further extensive research such as policing interventions in the darknet and fows of the cryptocurrency in cryptomarkets, among others.

Security Journal (2024) 37:535–574

Social and health characteristics of mothers involved in family court care proceedings in England

By Georgina Ireland, Linda Wijlaars, Matthew A Jay, Claire Grant, Rachel Pearson, Johnny Downs and Ruth Gilbert

This study aimed to determine the risk of mothers being involved in public law family court care proceedings and their social and health characteristics by analysing linked administrative family court and healthcare records. Involvement in care proceedings reflects serious concerns for the care or safety of a child. Local Authority (LA) social care departments can bring care proceedings under Section 31 of the Children Act 1989 due to concerns about significant harm, or risk of significant harm to the child attributable to care given by the parents or the child being beyond parental control. Each year, around 10,000 mothers in England are involved in care proceedings. In 80% of these proceedings, the child is placed with friends or family, unrelated foster carers, in residential care or for adoption. One fifth remain with one or both birth parents, with or without a supervision order.

Recent developments in national and regional linkages of administrative health data to family court or social services data have contributed insights into maternal health needs in Wales, Sweden and Canada, but evidence is lacking for England (5-15). Similar linked data for England would contribute new insights due to the population size, the regional and ethnic variation in England, and variability in determinants of service access and outcomes across different population subgroups. From a policy and practice perspective, evidence from linked data on the health of parents involved in family court care proceedings could inform how and when healthcare and related services could intervene to improve parental health and support, and thereby prevent or mitigate child maltreatment, and in some cases, avoid care proceedings.

Aims and objectives

This study aimed to address the evidence gap in England on the health of mothers involved in care proceedings compared with their peers. We conducted two sub-studies:

  1. In the first, we studied all first-time mothers between 2007-19 in the English NHS, including those involved in care proceedings, to:

  • Create a database of first-time mothers using hospital admission data, linked to care proceedings in England and assess linkage accuracy.

  • Estimate the 10-year risk of care proceedings for first-time mothers in England and describe differences in maternal social and health characteristics at a first birth.

  • Compare the number of births within 10 years to first-time mothers involved and not involved in care proceedings.

  • Assess maternal and birth characteristics associated with recurrent care proceedings.

  • Estimate differences in mortality among mothers involved and not involved in care proceedings.

2. Second, we studied mothers involved in care proceedings and other women using mental health service records in four LAs in south London to:

  • Create a research database that linked records of mothers involved in care proceedings in south London to mental health service data and assess linkage accuracy.

  • Compare the characteristics of mental health service use among mothers involved in care proceedings and other women using mental health services.

  • Compare the risk of death among mothers involved in care proceedings with other women using mental health services.

  • Evaluate patterns of mental health service use before and after start of care proceedings.

London: Nuffield Foundation, 2024. 63p.

Multisystemic Therapy® for social, emotional, and behavioural problems in youth age 10 to 17: An updated systematic review and meta-analysis

By Julia H. Littell, Therese D. Pigott, Karianne H. Nilsen, Stacy J. Green, Olga L. K. Montgomery

Background

Lack of access to and use of water, sanitation and hygiene (WASH) cause 1.6 million deaths every year, of which 1.2 million are due to gastrointestinal illnesses like diarrhoea and acute respiratory infections like pneumonia. Poor WASH access and use also diminish nutrition and educational attainment, and cause danger and stress for vulnerable populations, especially for women and girls. The hardest hit regions are sub-Saharan Africa and South Asia. Sustainable Development Goal (SDG) 6 calls for the end of open defecation, and universal access to safely managed water and sanitation facilities, and basic hand hygiene, by 2030. WASH access and use also underpin progress in other areas such as SDG1 poverty targets, SDG3 health and SDG4 education targets. Meeting the SDG equity agenda to “leave none behind” will require WASH providers prioritise the hardest to reach including those living remotely and people who are disadvantaged.

Objectives

Decision makers need access to high-quality evidence on what works in WASH promotion in different contexts, and for different groups of people, to reach the most disadvantaged populations and thereby achieve universal targets. The WASH evidence map is envisioned as a tool for commissioners and researchers to identify existing studies to fill synthesis gaps, as well as helping to prioritise new studies where there are gaps in knowledge. It also supports policymakers and practitioners to navigate the evidence base, including presenting critically appraised findings from existing systematic reviews.

Methods

This evidence map presents impact evaluations and systematic reviews from the WASH sector, organised according to the types of intervention mechanisms, WASH technologies promoted, and outcomes measured. It is based on a framework of intervention mechanisms (e.g., behaviour change triggering or microloans) and outcomes along the causal pathway, specifically behavioural outcomes (e.g., handwashing and food hygiene practices), ill-health outcomes (e.g., diarrhoeal morbidity and mortality), nutrition and socioeconomic outcomes (e.g., school absenteeism and household income). The map also provides filters to examine the evidence for a particular WASH technology (e.g., latrines), place of use (e.g., home, school or health facility), location (e.g., global region, country, rural and urban) and group (e.g., people living with disability). Systematic searches for published and unpublished literature and trial registries were conducted of studies in low- and middle-income countries (LMICs). Searches were conducted in March 2018, and searches for completed trials were done in May 2020. Coding of information for the map was done by two authors working independently. Impact evaluations were critically appraised according to methods of conduct and reporting. Systematic reviews were critically appraised using a new approach to assess theory-based, mixed-methods evidence synthesis.

Results

There has been an enormous growth in impact evaluations and systematic reviews of WASH interventions since the International Year of Sanitation, 2008. There are now at least 367 completed or ongoing rigorous impact evaluations in LMICs, nearly three-quarters of which have been conducted since 2008, plus 43 systematic reviews. Studies have been done in 83 LMICs, with a high concentration in Bangladesh, India, and Kenya. WASH sector programming has increasingly shifted in focus from what technology to supply (e.g., a handwashing station or child's potty), to the best way in which to do so to promote demand. Research also covers a broader set of intervention mechanisms. For example, there has been increased interest in behaviour change communication using psychosocial “triggering”, such as social marketing and community-led total sanitation. These studies report primarily on behavioural outcomes. With the advent of large-scale funding, in particular by the Bill & Melinda Gates Foundation, there has been a substantial increase in the number of studies on sanitation technologies, particularly latrines. Sustaining behaviour is fundamental for sustaining health and other quality of life improvements. However, few studies have been done of intervention mechanisms for, or measuring outcomes on sustained adoption of latrines to stop open defaecation. There has also been some increase in the number of studies looking at outcomes and interventions that disproportionately affect women and girls, who quite literally carry most of the burden of poor water and sanitation access. However, most studies do not report sex disaggregated outcomes, let alone integrate gender analysis into their framework. Other vulnerable populations are even less addressed; no studies eligible for inclusion in the map were done of interventions targeting, or reporting on outcomes for, people living with disabilities. We were only able to find a single controlled evaluation of WASH interventions in a health care facility, in spite of the importance of WASH in health facilities in global policy debates. The quality of impact evaluations has improved, such as the use of controlled designs as standard, attention to addressing reporting biases, and adequate cluster sample size. However, there remain important concerns about quality of reporting. The quality and usefulness of systematic reviews for policy is also improving, which draw clearer distinctions between intervention mechanisms and synthesise the evidence on outcomes along the causal pathway. Adopting mixed-methods approaches also provides information for programmes on barriers and enablers affecting implementation.

Conclusion

Ensuring everyone has access to appropriate water, sanitation, and hygiene facilities is one of the most fundamental of challenges for poverty elimination. Researchers and funders need to consider carefully where there is the need for new primary evidence, and new syntheses of that evidence. This study suggests the following priority areas:

Impact evaluations incorporating understudied outcomes, such as sustainability and slippage, of WASH provision in understudied places of use, such as health care facilities, and of interventions targeting, or presenting disaggregated data for, vulnerable populations, particularly over the life-course and for people living with a disability;

Improved reporting in impact evaluations, including presentation of participant flow diagrams; and

Synthesis studies and updates in areas with sufficient existing and planned impact evaluations, such as for diarrhoea mortality, ARIs, WASH in schools and decentralisation. These studies will preferably be conducted as mixed-methods systematic reviews that are able to answer questions about programme targeting, implementation, effectiveness and cost-effectiveness, and compare alternative intervention mechanisms to achieve and sustain outcomes in particular contexts, preferably using network meta-analysis.

Campbell Systematic Reviews, 17(4) 2021.

Self-Control and Crime: Beyond Gottfredson & Hirschi's Theory

By Callie H. Burt

Over the past several decades, Gottfredson & Hirschi's self-control theory (SCT) has dominated research on self-control and crime. In this review, I assess the current state of self-control knowledge and encourage the field to move beyond SCT, as its peculiar conceptualization of self-control and the causal model present challenges for integrative scholarship. Drawing heavily on scholarship outside criminology, I clarify the definition of self-control; describe the malleable nature of trait self-control; highlight its situational variability as state self-control; and consider the multiplicity of contextual, situational, and individual factors that affect its operation in relation to crime. This specification of contingencies and the interplay between impulse strength and control efforts in the process of self-control is intended as a springboard for research moving beyond SCT and its key premise that self-control (ability) is sufficient to explain individual variation in crime (i.e., is tantamount to criminality). Finally, I address what I see as important areas for further study in light of current knowledge.

Annual Review of Criminology, Vol. 3:43-73, 2020

COLD CASE HOMICIDES IN POLAND - POSSIBILITIES FOR FURTHER RESEARCH AND IMPROVEMENT

By: Kacper Choromański

Currently, there are over a thousand unsolved homicide cases in Poland. Up to this point, numerous, mostly popular science, research papers have been focusing on the individual units in charge of these difficult cases. This paper, however, is an attempt to represent the current state of investigations that were discontinued due to the fact that the perpetrators could not be found, hereinafter referred to as Cold Case Homicides. This paper depicts both the researcher's perspective and the statistical side of such conduct. Furthermore, it presents the first results of a pilot study conducted among the prosecutors, concerning the problem of Cold Case Homicides from their perspective, the possibility of cooperation with the academics, and their opinion on the idea of complex research, concerning the reconstruction of events in this specific area of crime.

International Journal of Legal Studies No 2(8)2020

Visions of Canada

By Catherine Bates, Graham Huggan, Milena Marinko, and Jeffrey Orr

In the March 28, 2006 edition of The Guardian, two news items stand out on Canada. One, a short article by Duncan Campbell, concerns the growing number of US army deserters who have crossed recently into Canada and have sought political asylum there, claiming that they had been tricked by the US military into serving in a manifestly unfair war in Iraq (Campbell 2006, 17). "It’s really great here”, says one successful escapee: “Generally people have been very hospitable and understanding, although there have been a few who have been for the war” (Campbell 2006, 17). The other items, a protest letter signed by, among others, the Conservative MP Ann Widdecombe, decries the annual mass cull of seal pups off the shores of northwest Canada, “shot and skinned alive by hunters … [in] one of the largest and most brutal slaughters of marine mammals on the planet” (Banks et al 2006, 31). In response, Widdecombe et al call for a UK trade ban on Canadian products as a way of sending “Canada a signal that enough is enough - we can halt the vicious slaughter on the ice” (Banks et el 2006, 31). The Guardian offers no particular comment here, but a double-page spread in the same edition unambiguously features a black-clad hunter out on the ice in front of his vessel, cudgel poised above an inert seal, with the punning caption “Fate sealed” and the mock-dispassionate reading: “Sealers watch from the deck of their boat as a seal is clubbed off the coast of Newfoundland, on the second day of the annual seal hunt” (Cook 2006, 18-19).

The Central European Association for Canadian Studies, 1st edition, 2007

The Annual Review of Interdisciplinary Justice Research

By: Steven Kohm and Michael Weinrath

This volume of essays was drawn from the conference “Practicing Justice: Interdisciplinary Perspectives on Crime, Law and Justice” held over three days in May 2010. “Practicing Justice” was the second annual justice-themed event hosted by the Centre for Interdisciplinary Justice Studies (CIJS) at the University of Winnipeg Criminal Justice department. Our hope was to provide a forum for open and intellectual discus sion about justice in all its forms. To this end, we assembled a diverse group of participants including practitioners from the various justice agencies, Honours students from our own program, graduate students from a number of universities across Canada, local researchers, and academics from a variety of disciplinary backgrounds in Canada and the United States. What united all these participants was an interest in the elusive concept of ‘justice.’

The objective of the conference was to examine justice from a variety of standpoints. The practice of justice is all too often characterized by rigid dichotomies and entrenched rivalries: practitioners versus academics; applied researchers versus theoretical scholars; and community versus university. “Practicing Justice” was envisioned as an inclusive forum that might close the gap that separates often divergent perspectives on justice. We firmly believe that in order to understand justice and move toward the practice of justice – however defined – we must first be able to hear and understand others who bring different perspectives to the table.

We must acknowledge the hard work of Professor Richard Jochelson and Kelly Gorkof who a year earlier initiated a bold dialogue across the disciplines which culminated in our inaugural justice-themed conference “Theorizing Justice: Interdisciplining the Divide”. their goal was to “bridge the gap between disciplines, community agents, and institutional forces ... to identify the division between disciplines and to build an inclusive approach. hey cited the words of our keynote speaker Professor John P. Crank – who writes: “one must gather together liberals and conservatives, professionals and academicians, federal and local justice organizations, judges, defence counsel, prosecutors, sworn officers, managers... they all bring something to the table... they all bring a commitment to justice” (Crank, 2003).

The present volume of essays showcases a diversity of perspectives on justice. We are pleased to present submissions from practitioners of justice, Honours and graduate students, and academics of divergent disciplinary backgrounds. The essays that follow both critique conventional understandings of justice and suggest ways to better practice justice, however defined. Some works are highly theoretical and abstract, while others are more hands-on and applied. What unites all these submissions, however, is their commitment to and passion for justice.

Centre for Interdisciplinary Justice Studies (CIJS), Volume 1, Fall 2010

Car Theft: The Offender's Perspective

By: Roy Light, Clarie Nee, and Helen Ingham

Most car thieves started in their early to mid-teens, influenced by peers, boredom, and excitement[^1^][1]. Many had extensive criminal careers and came from socially disadvantaged backgrounds. Initial motivations included excitement, financial gain, and a passion for driving. Over time, financial incentives became more prominent. Effective prevention requires early intervention, better car security, and diversionary programs that offer similar excitement to car theft. Offenders often underestimated the likelihood of being caught and the severity of non-custodial penalties. Custodial sentences were seen as a potential deterrent, but not always effective.

ASU Center for Problem-Oriented Policing, HOME OFFICE RESEARCH STUDY NO. 130, 1993

Emergency Alert and Warning Systems: Current Knowledge and Future Research Directions (2018)

By: The National Association of Sciences, Engineering, and Medicine

Following a series of natural disasters, including Hurricane Katrina, that revealed shortcomings in the nation's ability to effectively alert populations at risk, Congress passed the Warning, Alert, and Response Network (WARN) Act in 2006. Today, new technologies such as smart phones and social media platforms offer new ways to communicate with the public, and the information ecosystem is much broader, including additional official channels, such as government social media accounts, opt-in short message service (SMS)-based alerting systems, and reverse 911 systems; less official channels, such as main stream media outlets and weather applications on connected devices; and unofficial channels, such as first person reports via social media. Traditional media have also taken advantage of these new tools, including their own mobile applications to extend their reach of beyond broadcast radio, television, and cable. Furthermore, private companies have begun to take advantage of the large amounts of data about users they possess to detect events and provide alerts and warnings and other hazard-related information to their users.

More than 60 years of research on the public response to alerts and warnings has yielded many insights about how people respond to information that they are at risk and the circumstances under which they are most likely to take appropriate protective action. Some, but not all, of these results have been used to inform the design and operation of alert and warning systems, and new insights continue to emerge. Emergency Alert and Warning Systems reviews the results of past research, considers new possibilities for realizing more effective alert and warning systems, explores how a more effective national alert and warning system might be created and some of the gaps in our present knowledge, and sets forth a research agenda to advance the nation's alert and warning capabilities.

ISBN 978-0-309-46737-7 | DOI 10.17226/24935

Crime Time: How Ambient Light Affects Crime

By Patricio Domínguez Kenzo Asahi 

This paper studies the effect of ambient light on crime, taking advantage of the daylight saving time (DST) policy, which imposes exogenous variations in daylight exposure at specific hours of the day. The paper uses a rich administrative database managed by Chile’s national police, a centralized agency that collects detailed information regarding each crime incident. A 20% decrease (increase) in crimes is found when the DST transition increases (decreases) the amount of sunlight by one hour during the 7-9 p.m. period. Importantly, no significant response is detected induced by DST associated with a plausible demand-side response such as the population’s commuting time pattern, and no substantial short-term displacement is found. Most of the changes in property crime due to the DST policy are driven by robbery in residential areas.

Washington DC: IBD, 2019. 73p.

How Potential Offenders and Victims Interact: A Case-Study from a Public Transportation Reform

By Patricio Domínguez 

This paper models crime rates as a function of the interaction between potential offenders and victims. In particular, the paper studies robbery of bus drivers, a crime that remains common in cities throughout the world. Exploiting the timing of a significant reform introduced in Chile in the public transportation sector and detailed administrative data on crime incidents, the paper shows how victims' propensity to resist an attack can alter the level and nature of criminal activity. The paper also finds a large decline in crime after the implementation of a technological innovation that eliminated cash transactions on buses. The results suggest a strong relationship between victims incentives, cash presence, and crime.

Washington DC: IDB, 2020. 70p.

Keeping an Eye on the Villain: Assessing the Impact of Surveillance Cameras on Crime

By Jinmei FengHong MaMingzhi XuWei You

This study estimates the causal impact of the massive installation of surveillance cameras on crime, using novel data from China between 2014 and 2019. Using the number of preexisting local camera producers as the instrument for the density of camera installation, we find that cities with denser surveillance networks experienced significantly faster declines in crime. The reduction is more pronounced for publicly visible crimes. Enhanced surveillance is associated with higher satisfaction with the government and a greater sense of security, leading to longer hours worked, especially for women. A back-of-envelope calculation shows preventing a crime costs approximately $5,922, which is highly cost-effective.

Unpublished paper, 2024 

Bail at the Founding

By Kellen R. Funk & Sandra G. Mayson

How did criminal bail work in the Founding era? This question has become pressing as bail, and bail reform, have attracted increasing attention, in part because history is thought to bear on the meaning of bail-related constitutional provisions. To date, however, there has been no thorough account of bail at the Founding. This Article begins to correct the deficit in our collective memory by describing bail law and practice in the Founding era, from approximately 1790 to 1810. In order to give a full account, we surveyed a wide range of materials, including Founding-era statutes, case law, legal treatises, and manuals for magistrates; and original court, jail, administrative, and justice-of-the-peace records held in archives and private collections.The historical inquiry illuminates three key facts. First, the black-letter law of bail in the Founding era was highly protective of pretrial liberty. A uniquely American framework for bail guaranteed release, in theory, for nearly all accused persons. Second, things were different on the ground. The primary records reveal that, for those who lived on the margins of society, bail practice bore little resemblance to the law on the books, and pretrial detention was routine. The third key point cuts across the law and reality of criminal bail: both in theory and in practice, the bail system was a system of unsecured pledges, not cash deposits. It operated through reputational capital, not financial capital. This fact refutes the claim, frequently advanced by opponents of contemporary bail reform, that cash bail is a timeless American tradition. The contrast between the written ideals and the actual practice of bail in the Founding era, meanwhile, highlights the difficulty of looking to the past for a determinate guide to legal meaning.

Harvard Law Review, VOLUME 137, ISSUE 7, MAY 2024