Notable Recent Publications, February 2026
Articles
Colgan, B., & Woods, J. B. (2026). Paying financial sanctions via incarceration: A case study of “sitting out.” Journal of Criminal Law and Criminology, 116(1). https://scholarlycommons.law.northwestern.edu/jclc/vol116/iss1/3
This Article provides a comprehensive statewide study of a practice by which courts order defendants to pay financial sanctions—fines, costs, and probation fees—by serving terms of incarceration. Though several states authorize these practices, to date, very little is known about the extent to which payment via incarceration occurs and the different ways it is employed. This Article examines the use of the practice in Nebraska, where it is colloquially referred to as “sitting out.” Our study specifically focuses on all misdemeanor cases in Nebraska county courts with judgments (an adjudication of guilt and/or sentencing) during the year 2019.
Torres, L. C., & Jones, S. D. (2026). Defense counsel type, defendant interventions, and punishment in a virtual pretrial courtroom. Criminal Justice and Behavior. Advance online publication. https://doi.org/10.1177/00938548251415012
Scholarship finds that defendants face various punishments when attempting to intervene during open court proceedings. Some research also suggests a link between defense counsel type (public/private), defendant interventions, and punishment. Using observational data from a virtual pretrial courtroom, our study examines the effects of defense counsel type on defendant intervention attempts and the impact of attempts on pretrial decisions. Descriptives indicate that intervention attempts were more prevalent among defendants represented by public defenders than by private counsel, and defendants were frequently silenced or ignored—in about 38% of cases. Multivariate results indicate that representation type has no statistically significant effect on intervention attempts. However, we find an interplay between prior system contact and intervention attempts. Findings also indicate that interventions are associated with an increased likelihood of detention. This study highlights the importance of using observational data to gain a more nuanced understanding of pretrial courts, defendant behaviors, and punishment.
Reports, Briefs, and Other Resources
Commission on Court Appointed Attorneys. (2026, January). At-risk youth & family: Project results. https://www.in.gov/ccaa/files/ARYF-Report-FINAL.pdf
Starting in 2021, the Commission began seeking pilot proposals to improve the status of Indiana’s at-risk youth and families. Specifically, the proposals sought were required to improve Indiana’s family and child welfare system and/or the juvenile delinquency system, or proactively prevent involvement with these systems. Seven (7) such programs have begun since the implementation of this program. We present results from two completed programs here, with additional programs to be included in future revisions as data collection and analysis completes.
If you have suggestions, ideas for work that should be included, or trouble accessing any of the articles featured, please email Venita Embry at vembry.embry@gmail.com.
