Gendered Bail?: Analyzing Bail Outcomes from an Ontario Courthouse

• Main Author: Schumann, Rachel
• Other Authors: Yule, Carolyn
• Language: en
• Published: 2013
• Subjects: bail; gender; pre-trial custody; accused rights; release; risk management; risk aversion; governmentality; risk; gendered risk; Ontario; remand; judicial decision-making
• Online Access: http://hdl.handle.net/10214/6687

The relationship between gender and bail is an important yet understudied area of research. Studies that have found a relationship between gender and bail generally overlook important differences that shape how men and women enter into crime and the types of conditions imposed on their recognisances. This study utilizes 115 bail cases from the Provincial Courthouse in Kitchener, ON to examine the effect of accused gender on bail outcome. Results show that accused gender did influence decisions to grant or deny bail. While almost all accused persons required a surety and/or bail conditions to be released, the regression analysis suggests that women were more likely to be released compared to men. Based on the deep sample exploratory analysis, gender differences emerged around issues of mental health and drug use. Theoretical and policy implications from this study are discussed as are avenues for future research.