Wednesday, October 9, 2019

Cooke, Diop, Fishbane, et al. (2018) on Failure to Appear in Court

Brice Cooke, Binta Zahra Diop, Alissa Fishbane, et al., “Using Behavioral Science to Improve Criminal Justice Outcomes: Preventing Failures to Appear in Court.” ideas42 and the University of Chicago Crime Lab, January 2018 [pdf].

• In NYC in 2014, about 41% of summons to appear in court for minor infractions went unheeded.

• Missed court hearings are costly to the court and to the defendants, who have a warrant issued for their arrest.

• But perhaps behavioral factors, not preferences, are at the root of many missed court dates; maybe people forget, or fail to plan to miss work, or don’t understand the consequences, or just aren’t paying adequate attention. (Court dates can be months after the offense.)

• Perhaps present bias leads to failures-to-appear (FTAs): the benefits of skipping a court date are immediate and the (uncertain) costs are in the possibly distant future.

• “Mental models” (such as the belief that minor offenses do not warrant a court appearance) and perceived social norms (a belief that most people don't show up at court for minor matters) might also lead to FTAs.

• The researchers redesigned the summons form, to: (1) increase the clarity of the message that the form constitutes a summons to court; (2) highlight date, time, location for the court appearance; and to (3) foreground the consequence (an arrest warrant) for failing to appear. 

• The researchers also instituted a series of text message reminders about the court date. Some reminders focus on consequences of a missed court date, and some on planning. The sample size for this intervention is about 20,000. 

• Both interventions are analyzed as randomized trials. 

• The new summons forms reduce FTAs by 13%. 

• The most effective text messages reduce FTAs by 26%; and, when a further text message is sent to those who miss their court dates, the end result is a 32% reduction in warrants issued. 

• The researchers estimate that the two interventions (redesigned form and text reminders), combined, could have reduced FTAs in 2014 by 20,000 to 31,000 or so. 

• Incidentally, text messages are really cheap to send, but most arrestees currently do not provide a cell phone number.

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