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53 Eur. J.L. & Econ. 1 (2022)

handle is hein.journals/eurjlwec53 and id is 1 raw text is: European Journal of Law and Economics (2022) 53:1-25 https:Ildoi.org/l0.1007/si0657-021-09723-4 Pretrial detention and conviction Ana Maria Diaz^' Luz Magdalena Salas' Accepted: 21 December 2021 / Published online: 8 January 2022 © The Author(s), under exclusive licence to Springer Science+Business Media, LLC, part of Springer Nature 2022 Abstract Preventive detention legislation allows for the ongoing detention of an offender's sentence. We explore the effects of pretrial detention on case outcomes in Bogota, Colombia, from 2005-2017. Using pretrial judge leniency as an instrument, we find that pretrial detention leads to a 48 percentage point increase in the likelihood of being convicted. The rise in the probability of reaching agreements among defend- ants who would have otherwise been acquitted or had their charges dropped explains our findings. We also find evidence of an increase in the likelihood of pleading guilty for those detained pretrial and who experience a more significant incarcera- tion sentence. Colombian prisons are overcrowded. Pretrial detentions add to the cost of maintenance of the prisoners. Policymakers should consider whether the costs associated with pretrial detention outweigh the potential benefits. Keywords Preventive detention - Punishment sufficiency - Sentencing - Risk JEL Classification J21 - J22 - J23 - J24 - J33 1 Introduction According to Colombia's legal system, pretrial detention restrains a defendant to remain in custody at the pretrial or trial stage of proceedings to ensure that the defendant will not obstruct the development of the procedure, elude the action of justice, or pose a significant threat to society or the victim (Law 906, Article 308, This paper has benefited from great research assistance by Juan David Hernandez and Alejandro Herrera. We thank Alejandro Pelaez, Alejandra Tarazona, and Mariana Mora from the Secretary of Security of Bogota, for their guidance and support providing the data. E Ana Maria Diaz a.diaze @javeriana.edu.co Luz Magdalena Salas salas.luz@javeriana.edu.co Department of Economics, Pontificia Universidad Javeriana, Bogota, Colombia I_) Springer

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