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California's 2020 cashless-bail reform produced no measurable change in reoffending in matched-arrestee comparisons; by contrast, large language models become more cooperative under responsibility framing—opposite human responses—and prompts shift models' internal reasoning even when choices stay the same.

Bail Reform, Large Language Model Risk and Reasoning
Wyatt, William · January 01, 2026 · Scholarship - Claremont (Claremont Colleges)
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Across three studies, matched analysis of California's cashless-bail reform shows no detectable change in reoffending; randomized prompt experiments reveal that responsibility framing makes LLMs more likely to choose the cooperative/risky option (the reverse of human behavior); and prompt framing reliably alters the model's internal narrative while often leaving its final decision unchanged.

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This dissertation contains three studies. Each asks how rules or language change the choices people and machines make when outcomes are uncertain. The first study, written with Kiran John, evaluates California’s 2020 cashless bail reform. We use propensity score matching on arrestee records from the windows before and after implementation, and we test whether the shift away from cash bail produced any effect on subsequent offending. It did not. Matched comparisons yield small, statistically insignificant differences across every window we examined. That null result cuts against both sides of the public argument. The reform did not drive a spike in crime, and it did not measurably improve outcomes for released defendants either. The honest answer is closer to “nothing happened,” at least in the data we have. The second study, with Gregory DeAngelo and Bryan C. McCannon, runs a Stag-Hare coordination game with large language models as players. Stag-Hare is the cleaner variant of Stag Hunt: two players each pick the safe option or the cooperative option, and the cooperative payoff dominates only when both pick it. In humans, prompting players to think about responsibility for the outcome tends to reduce risk-taking. We find the opposite pattern in models. When a language model is told that it bears responsibility for the consequences of its choice, it cooperates more often and picks the riskier stag more often, not less. We document the reversal across several model families and prompt variants and discuss what this suggests about how responsibility framing maps onto model behavior, which turns out to be almost backward from the way it maps onto human behavior. The third study proposes an embodiment-scoring framework for evaluating LLM responses to behavioral protocols and asks whether prompt framing changes decisions directly or changes the reasoning the model produces on the way to a decision. Using decision tasks drawn from the experimental economics literature, I score model outputs on how much first-person perspective they adopt and whether their stated reasoning invokes participation or observation. Prompt framing reliably moves the reasoning mode. It does little to the final decision. For researchers using LLMs as synthetic human participants, this matters. The surface behavior can look stable while the internal narrative the model is generating to arrive at that behavior shifts with the prompt, and that narrative is often the object of study in the first place. The three papers share a methodological point. Bail reform, coordination games, and prompt design each involve a visible decision that hides a lot of machinery. When researchers study only the decision, they miss where the interesting variation actually lives.

Summary

Main Finding

Across three studies, rules and language shape choices in ways that are often invisible if researchers only measure final decisions. (1) California’s 2020 cashless-bail reform produced no detectable change in subsequent offending in the administrative data studied. (2) Large language models (LLMs) respond to responsibility framing opposite to humans in a Stag‑Hare coordination game: telling a model it “bears responsibility” increases cooperative (riskier “stag”) choices. (3) Prompt framing reliably changes the internal narrative and “embodiment” of model reasoning (first‑person, participation vs observation) but usually does not change the final decision. The shared methodological point: measuring only the outward decision can miss the important, policy‑relevant variation hidden in the mechanisms and generated narratives.

Key Points

  • Bail reform study
    • Used propensity score matching on pre/post arrestee records.
    • No significant increase in offending after eliminating cash bail; no measurable improvement for released defendants either.
    • The result undermines both the claim that cashless bail spiked crime and the claim that it delivered measurable benefits (in the outcomes examined).
  • LLM coordination study
    • Implemented a Stag‑Hare coordination game with LLMs as players.
    • Responsibility framing that reduces risk‑taking in humans causes the opposite in models: models cooperate (choose stag) more when told they bear responsibility.
    • The pattern holds across several model families and prompt variants.
  • Embodiment‑scoring study
    • Introduces a rubric to score LLM outputs on first‑person perspective and whether reasoning invokes participation vs observation.
    • Prompt framing reliably shifts the model’s reasoning mode (more first‑person/participatory vs third‑person/observational) but has little effect on the final choice.
    • For researchers using LLMs as synthetic subjects, the observable decision can be stable while the model’s internal narrative changes—important when that narrative is the dependent variable.

Data & Methods

  • Study 1 — Cashless bail reform (with Kiran John)
    • Data: administrative arrestee records from windows before and after California’s 2020 reform.
    • Identification strategy: propensity score matching to build comparable treated and control samples across implementation windows; comparisons of subsequent offending over multiple follow‑up windows.
    • Outcome: subsequent offending (recidivism/arrest metrics) — matched estimates produced small, statistically insignificant differences across windows.
  • Study 2 — LLM Stag‑Hare coordination (with Gregory DeAngelo and Bryan C. McCannon)
    • Task: Stag‑Hare coordination game (safe option vs cooperative/riskier option; cooperative payoff dominates only if both choose it).
    • Subjects: multiple LLM families (several model types and sizes) and multiple prompt variants.
    • Intervention: responsibility framing prompts (telling the model it bears responsibility for consequences) vs control framings.
    • Measurement: frequency of cooperative (“stag”) choices; robustness checks across models and prompt phrasings.
  • Study 3 — Embodiment‑scoring framework
    • Tasks: decision problems drawn from experimental economics (standard lab tasks used to elicit preferences/strategic reasoning).
    • Method: develop a coding rubric to score outputs on (a) degree of first‑person perspective/embodiment and (b) whether reasoning language frames the model as a participant or an observer.
    • Experiment: apply different prompt framings; score changes in reasoning mode and final decision; analyze alignment/decoupling between narration and choice.

Implications for AI Economics

  • For policy evaluation and causal inference
    • Null effects are informative: rigorous pre/post and matching analyses can cut through polarized policy narratives (e.g., bail reform debates).
    • Administrative data and careful identification remain essential; absence of an effect in available outcomes should temper strong policy claims.
  • For experiments that use LLMs as synthetic human subjects
    • Do not rely solely on observed choices. Prompts can change the reasoning or internal narrative without altering decisions—this matters if the study’s object is explanations, stated motives, or imagined perspective taking.
    • Report both surface behavior and measures of internal narrative/embodiment; preregister prompt variants and scoring rubrics.
  • For deployment and governance of LLMs
    • Responsibility framing can shift model behavior in non‑human ways (e.g., increasing risk‑taking/cooperation), so behavioral responses to normative framing are model‑dependent and potentially counterintuitive.
    • Designers and regulators should test how normative language or accountability cues interact with model families and tasks before relying on them in high‑stakes contexts.
  • For research practice and theory
    • The decision ≠ mechanism: researchers should measure intermediate representations (reasoning text, perspective, expressed incentives) in addition to final actions.
    • Develop and adopt standardized metrics (like the embodiment scores proposed) to compare narrative/representational modes across models and prompts.
    • When comparing LLMs to humans, be explicit that similar surface actions can be generated from different internal processes; avoid inferring human‑like motives from matching behavior alone.

Practical recommendations - When using LLMs as agents: include protocols that elicit and code reasoning (first‑person vs observational) and report both behavior and narrative metrics. - When evaluating policy interventions with observational data: use matching and multiple follow‑up windows; present null results transparently and test sensitivity to covariate balance and timing windows. - When designing prompts for normative effects: validate across model families and treat responsibility/accountability framings as potentially model‑specific interventions rather than universal nudges.

Assessment

Paper Typeother Evidence Strengthmedium — The LLM experiments use randomized prompt manipulations across multiple model families, giving credible causal evidence about how framing affects model behavior and generated reasoning; the bail-reform analysis is quasi-experimental (PSM) with careful matched comparisons but remains vulnerable to unobserved confounding and power issues (a null result may reflect limited detectable effect size), so overall the body of evidence is mixed and best characterized as moderate strength. Methods Rigormedium — Strengths include use of propensity-score matching with multiple windows, systematic robustness checks, randomized prompt treatments, cross-family model replication, and a transparent scoring rubric for model reasoning; limitations include reliance on observational matching for the policy analysis (potential unobserved confounders), unspecified power/sample-size margins for the null finding, possible sensitivity to model versions, and subjective elements in scoring embodied reasoning. SampleAdministrative arrestee records from California spanning windows before and after the 2020 cashless-bail reform (matched on observable covariates); multiple large language models from several families and versions (tested across many independent runs) playing Stag-Hare coordination games under varied prompt framings; decision tasks drawn from experimental economics used to elicit and score model outputs for first-person perspective and participation/observation framing. Themeshuman_ai_collab governance IdentificationMixed: (1) Quasi-experimental propensity-score-matched before/after comparisons of arrestee records around California's 2020 cashless-bail reform to estimate effects on reoffending; (2) controlled experiments on large language models with randomized prompt framings (responsibility vs control) in Stag-Hare coordination games to identify causal effects of framing on model choices; (3) controlled prompt-manipulation experiments plus a coding/embodiment-scoring framework to detect whether prompts change models' reported reasoning versus their final decisions. GeneralizabilityBail-reform results apply to California and the specific post-reform windows studied and may not generalize to other jurisdictions, later periods, or different implementation details, Propensity-score matching cannot rule out bias from unobserved confounders or contemporaneous shocks, which limits causal generalizability of the null finding, LLM experimental results may be sensitive to model family, specific model versions, API settings, and prompt wording, so behavior may change with newer/different models, Lab-style Stag-Hare games are stylized; mapping from model choices in simple games to real-world strategic or economic outcomes is indirect, The embodiment-scoring rubric involves subjective coding decisions and may not transfer unchanged to other tasks or research questions

Claims (11)

ClaimDirectionOutcomeConfidence & EvidenceDetails
Using propensity score matching on arrestee records from the windows before and after California’s 2020 cashless bail reform, the shift away from cash bail produced no effect on subsequent offending. Other null_result subsequent offending (reoffending)
Reading fidelity high
Study strength medium
not reported
0.12
Matched comparisons yield small, statistically insignificant differences across every window examined after the bail reform. Other null_result various outcome windows of subsequent offending
Reading fidelity high
Study strength medium
small, statistically insignificant differences
0.12
The bail reform did not drive a spike in crime. Other null_result crime rates / subsequent offending
Reading fidelity high
Study strength medium
not reported
0.12
The bail reform did not measurably improve outcomes for released defendants. Other null_result outcomes for released defendants (e.g., reoffending)
Reading fidelity high
Study strength medium
not reported
0.12
When a language model is told that it bears responsibility for the consequences of its choice in a Stag‑Hare coordination game, it cooperates more often and picks the riskier 'stag' option more often. Decision Quality positive cooperation rate / frequency of choosing the cooperative (stag) option
Reading fidelity high
Study strength medium
not reported
0.12
This model behavior (increased cooperation under responsibility framing) is the opposite of the human pattern, where prompting players to think about responsibility tends to reduce risk‑taking. Decision Quality mixed change in risk-taking / cooperation under responsibility framing (models vs. humans)
Reading fidelity high
Study strength medium
not reported
0.12
The reversal (models cooperating more under responsibility prompts) is documented across several model families and prompt variants. Decision Quality positive robustness of cooperation increase across model families/prompt variants
Reading fidelity high
Study strength medium
not reported
0.12
A proposed embodiment‑scoring framework can evaluate LLM responses to behavioral protocols by scoring outputs on first‑person perspective and whether reasoning invokes participation or observation. Other mixed degree of first-person perspective / participation vs. observation in model reasoning
Reading fidelity high
Study strength low
not reported
0.06
Prompt framing reliably moves the model's reasoning mode (e.g., increases first‑person, participatory reasoning) but does little to change the model's final decision. Decision Quality mixed reasoning mode (first-person/participation) and final decision choice
Reading fidelity high
Study strength medium
not reported
0.12
For researchers using LLMs as synthetic human participants, surface behavior can look stable while the internal narrative the model generates to arrive at that behavior shifts with the prompt, and that narrative is often the object of study. Other mixed stability of surface decisions versus variability of internal narrative/reasoning
Reading fidelity high
Study strength speculative
not reported
0.02
A broad methodological point: visible decisions (bail release decisions, coordination choices, prompt‑dependent choices) can hide substantial internal machinery, so studying only the decision misses where the interesting variation actually lives. Other mixed location of substantive variation (decision vs internal process)
Reading fidelity high
Study strength speculative
not reported
0.02

Notes