1st Edition
Handbook on Pretrial Justice
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.
Introduction
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
Claire Chevrier
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
Erin Eife
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?
Colin Doyle
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
Martin Schönteich
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
(1991-2020)
Johanna Mora, Paula Mora, and Andres F. Rengifo
Biography
Christine S. Scott-Hayward is an Associate Professor in the School of Criminology, Criminal Justice, and Emergency Management at California State University, Long Beach. Her research emphasizes the practical implications of criminal laws and policies and currently focuses on bail and sentencing. She is the author or co-author of numerous articles, published in both law reviews and social science journals, and a book, Punishing Poverty: How Bail and Pretrial Detention Fuel Inequalities in the Criminal Justice System. Prior to joining the faculty at CSU Long Beach, she was a post-doctoral research scholar at Columbia Law School and clerked for the Honorable James Orenstein in the Eastern District of New York. She is a member of the New York Bar. From 2006 to 2009, she was a research associate at the Vera Institute of Justice, where she worked in the Center on Sentencing and Corrections and on the Prosecution and Racial Justice project.
Jennifer E. Copp is an Associate Professor in the College of Criminology and Criminal Justice at Florida State University and Director of FSU’s Institute for Jail Policy and Research. Her recent work examines how incarceration, and other forms of system contact, influence future behavior, family life, and child well-being, and several ongoing projects relate to decisions made during the pretrial stage of the criminal justice system. She has published extensively in sociology and criminology outlets, has consulted with state and local criminal justice agencies, and has received funding from the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the MacArthur Foundation, and Pew Charitable Trusts, in addition to multiple state agencies.
Stephen Demuth is an Associate Professor in the Department of Sociology at Bowling Green State University. His research examines how the criminal legal system disproportionately punishes people of color and the economically disadvantaged and hurts their future life chances. He is on the Board of Directors for the Pretrial Justice Institute and has served as an expert witness in civil rights lawsuits brought by Civil Rights Corps, American Civil Liberties Union, and Southern Poverty Law Center.
"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
