BEHIND THE CURTAIN: A QUANTITATIVE EXAMINATION OF FACTORS CONSIDERED BY JUDICIAL COMMISSIONERS IN RUTHERFORD COUNTY, TENNESSEE IN DETERMINING THE PRESENCE OF RISK OF FLIGHT AND AMOUNT OF BAIL

Abstract

Rutherford County, Tennessee was sued in 2008 for setting bail that was based only on the charged offense and based on an antiquated preset bail schedule. As part of a settlement agreement, judicial commissioners promised to stop the practice and set bail only after considering all the factors predictive of nonappearance per state law and to keep a record of questions and responses. A random sample of questionnaires from 2012 was selected and various parametric and nonparametric statistical tests were conducted to check on the promise. Results indicated that Rutherford County judicial commissioners continue to set bail based primarily on the charged offense and consistent with the preset bail schedule previously used, in violation of the settlement agreement. Possible reasons for why this practice continues despite assurances to the contrary and recommendations for the future are made.