Prosecutor-Led Bail Reform: An Observational Case Study in Philadelphia

Abstract

Jurisdictions nationwide have taken to implementing bail reform, with some pursuing the broad abolition of cash bail. Depending on the actor leading the reform, these efforts face differing obstacles to successful implementation. Philadelphia has been a leader in prosecutor-led bail reform, as the progressive District Attorney's Office (DAO) implemented its second round of reform, which attempts to simulate a no-cash bail system by limiting pretrial recommendations to either $999,999 bail or release. Drawing on observational case-level data (n = 96) and the framework of sociolegal gap studies, the current study aims to document the policy's application. First, by capturing departures by the DAO and agreement by judicial magistrates, the presence of a gap between the policy's vision and its implementation is detected. Second, to understand why a gap may be occurring, responses to the policy are qualitatively analyzed. Findings demonstrate that guidelines were adhered to by the DAO and agreed to by judicial magistrates in only 16.7% of cases. Qualitative results suggest that the reform faces considerable challenges in implementation, including institutional resistance/hesitation and courtroom workgroup adaptations. This research, despite its convenience sampling and limited generalizability, has significant policy implications, both within Philadelphia and for the broader progressive prosecutor movement.