Punishing Poverty by Christine S. Scott-Hayward;Henry F. Fradella;

Author:Christine S. Scott-Hayward;Henry F. Fradella;
Language: eng
Format: epub
ISBN: 9780520970496
Publisher: University of California Press

CONCLUSION

The litany of negative impacts of pretrial detention is concerning. We need to remember that detained individuals have not yet been convicted of the offense with which they are charged, and many will ultimately not be convicted of anything. Yet they endure weeks, months, and sometimes years of detention, time that they cannot get back. And even if defendants are able to obtain release, they are likely to have relied on a for-profit bail bond company, with they or their families paying financial premiums that they will never get back. Compounding this, as discussed in the last two chapters, is the fact that the decision to impose pretrial detention is not always based on factors that predict the risk of a defendant either committing a new crime while awaiting trial or failing to appear at scheduled court hearings. Thus many people are being unnecessarily detained, driving significant growth in jail populations at a time when state prison populations are on the decline.

Until recently, criticisms of the US system of pretrial justice have resulted in little change. However, as we describe in chapters 2 and 3, there are signs of progress. Reforms have been enacted in numerous states and local jurisdictions around the country, including the elimination of money bail in a few places. And when changes are made, the impact can be significant. For example, after a report was issued criticizing the failure of courts in two Kentucky counties to set nonfinancial bonds, one judge changed his practices, and the population of the local jail dropped.134 However, to date changes have been piecemeal, and pretrial detention remains the norm in the United States, particularly for the poor. With that reality in mind, we turn to our recommendations for systemic reform.

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