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Studies show that Blacks and Latinos are detained pretrial at higher rates than White defendants, even when they face similar charges. This demonstrates that factors such as race and ethnicity affect this determination.

Judges have significant lot of discretion when determining whether to release defendants on their own recognizance or to impose bail. Release pending trial has a significant influence on the outcome of a case. For instance, the Bureau of Justice Statistics found that 78% of defendants held on bail while awaiting trial were convicted, but just 60% of defendants who were released pending trial were convicted. Defendants held on bail also receive more severe sentences, are offered less attractive plea bargains, and are more likely to re-offend all because of their pretrial detention.
Source: “Preliminary Report on Race and Washington‘s Criminal Justice System,” The Task Force on Race and the Criminal Justice System, 2011.