Document Type
Book Chapter
Publication Date
3-13-2017
Abstract
Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who pose no serious risk of crime or flight. Infrequent evaluation means that the judges and magistrates who set bail have little information about how their bail-setting practices affect detention, appearance and crime rates. Practical and low-cost interventions, such as court reminder systems, are underutilized. To promote lasting reform, this chapter identifies pretrial strategies that are both within the state’s authority and supported by empirical research. These interventions should be designed with input from stakeholders, and carefully evaluated to ensure that the desired improvements are achieved.
See the full report: Reforming Criminal Justice: A Report by the Academy for Justice
Keywords
Criminal law & procedure, pretrial detention or release, bail, recidivism, criminal justice, crime, conditions of release, required meetings with pretrial officers, drug testing, electronic monitoring, incarceration, statistical risk assessment, predictive justice, dangerousness, statistics
Publication Title
Reforming Criminal Justice: A Report by the Academy for Justice
Repository Citation
Stevenson, Megan and Mayson, Sandra G., "Pretrial Detention and Bail" (2017). All Faculty Scholarship. 1745.
https://scholarship.law.upenn.edu/faculty_scholarship/1745
Included in
American Politics Commons, Courts Commons, Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, Ethics and Political Philosophy Commons, Judges Commons, Law and Philosophy Commons, Law and Politics Commons, Law and Society Commons, Law Enforcement and Corrections Commons, Policy Design, Analysis, and Evaluation Commons, Public Law and Legal Theory Commons, Public Policy Commons, Social Policy Commons
Publication Citation
In Reforming Criminal Justice: A Report by the Academy for Justice (Erik Luna ed., Sandra Day O'Connor College of Law, Arizona State University 2018)