The Handbook on Pretrial Justice covers the front end of the criminal legal system from pretrial diversion to pretrial detention or release. Often overlooked, the decisions made at the earliest phases of the criminal legal system have huge implications for defendants and their families, the community, and the system itself, and impact the entire criminal legal system.
This collection of essays and reports of original research explores the complexities of pretrial decisions and practices and includes chapters in the following broad areas: the consequences of detention, pretrial decision-making, community supervision, and risk assessment. The book also includes a section looking at pretrial justice outside of the U.S. Each chapter summarizes what is known, identifies the gaps in the research, and discusses the theoretical, empirical, and policy implications of the research findings.
This is Volume 6 of the American Society of Criminology’s Division on Corrections and Sentencing handbook series. The handbooks provide in-depth coverage of seminal and topical issues around sentencing and correction for scholars, students, practitioners, and policymakers.
Christine S. Scott-Hayward, Jennifer E. Copp, and Stephen Demuth
I. The Consequences of Detention
1. The Pains of Pretrial Detention: Theory and Research on the Oft-Overlooked Experiences of Pretrial Jail Stays Claudia N. Anderson, Joshua C. Cochran, and Andrea N. Montes
2. Jails and Health
Meghan Novisky and Daniel Semenza
3. Does Jail Derail? The State of the Literature on Cumulative Disadvantage and Pretrial Detention
Stacie St. Louis
4. Why Individuals Who Are Held Pretrial Have Worse Case Outcomes: How Our Reliance on Cash Bail Degrades Our Criminal Legal System
5. Exploring the Causal Mechanisms Linking Pretrial Detention and Future Penal System Involvement
Sandra S. Smith and Cathy Hu
II. Legal Issues in Pretrial Decision-Making
6. Citations in Lieu of Arrests
Henry F. Fradella and James A. Purdon
7. Right to Counsel in Pretrial Proceedings
Marian R. Williams
8. Pre-trial Civil Commitment of Criminal Defendants
Anabelle Frazier and Isabella Callahan
III. Issues in Pretrial Community Supervision
9. A Public Health Perspective on Diversion Programs for Justice-Involved Individuals with Mental Health Issues
Lisaann S. Gittner and Jeff A. Dennis
10. Electronic Monitoring During Pretrial Release
11. Translating Research to Practice: Implementing Procedural Justice in Pretrial Systems
Elizabeth S. Saba, Tiffany Bergin, Marlies Talay, Emily LaGratta, Camila Gripp, and Amanda Berman
12. An Analysis of In re Humphrey’s Impact on Pretrial Services in San Francisco
Matt Miller, David Mauroff, Cristina Barron, and Bob Broughton
IV. Assessing Risk
13, Pretrial Risk Assessment Instruments in the United States: A Critical Lens on Issues of Development, Performance, and Implementation
Jennifer E. Copp and William Casey
14. Pretrial Risk Assessment Tool Adoption and Pretrial Operations
Spencer G. Lawson, Staci J. Rising, Eric Grommon, and Evan M. Lowder
15. New Perspectives on Pretrial Nonappearance
Lauryn P. Gouldin
16. All Models Are Wrong, But Are Risk Assessments Useful?
17. First, a Reckoning: Prioritizing Racial Equity in Pretrial Reform
Cherise Fanno Burdeen and Wendy Shang
V. Pretrial Justice Around the World
18. Economic, Political, and Social Correlates of Pretrial Detention Use Around the World
19. Exploring Pretrial Detention and Pretrial Processes in Five Caribbean Countries
Lina Marmolejo, Randy Seepersad, Danielle S. Rudes, and Faye S. Taxman
20. Taking Stock of Procedural Reforms in Colombia: Pretrial Detention, Due Process, and Accountability
Johanna Mora, Paula Mora, and Andres F. Rengifo
"The lessons from decades of over punishment and mass imprisonment at the end of the criminal process today point toward an urgent and necessary reckoning with the pretrial phase of the process, where a vastly less visible set of criminal justice actors deal out punishments on a mass scale. This handbook combines comprehensive coverage in five parts with individual chapters that provide deep dives into the critical issues across this extended and until recently little attended but high stakes field."
Jonathan Simon, Lance Robbins Professor of Criminal Justice Law, UC Berkeley, School of Law
"For too long, the epidemic of pretrial human caging in the United States has not been treated with the urgency it requires. Those of us who work in the punishment bureaucracy have allowed massive suffering: millions of separated families; rampant disease, assault, and death; lost jobs, homes, education; and enormous spiritual and financial costs. By any reasonable metric of public safety, our pretrial system has been a disaster. We are in desperate need of academic and practical work that brings together scholars, activists, practitioners, and policymakers to dismantle these harmful systems of pain and that help us look forward to creating systems that help people flourish."
Alec Karakatsanis, Founder and Executive Director, Civil Rights Corps
"With accessible and incisive contributions on bail, pretrial detention, jails, and a host of related issues, this comprehensive handbook is an invaluable resource for scholars, legal professionals, and advocates who want to better understand the contours and consequences of pretrial justice within and beyond the United States."
Joshua Page, Department of Sociology, University of Minnesota