Exploring Pretrial Detention

Currently 30 percent of the prison population worldwide is made up of pre-trial detainees. Within the United States, 400,000 people are currently detained while awaiting trial, still legally innocent. This could either be because they cannot afford money bail or because a probation, parole, or ICE office has placed a hold on their release. The justice system has begun to place an increasing reliance on monetary bail which determines whether a person will be detained or free when their case is pending. Therefore the number of people in pretrial detention has increased by four times since the 1980s with 2 ⁄ 3 of 740,00 people held in local jails across the US not having been convicted of a crime. This system primarily affects those who are economically disadvantaged and typically people of color, regardless of the strength of their case.

Being in pretrial detention has very negative impacts and correlates to a continued relationship with the justice system. People who are detained are much more likely to be convicted. Preparing for trial from a prison cell is a very difficult task. It already promotes the idea that you are guilty and eliminates contact with family, friends, and legal assistance. Additionally, those in pretrial detention are likely to suffer from violence and abuse as the police use illegal force and torture to get a statement of confession. Lastly, evidence shows that those who are detained pretrial have a much greater chance of receiving harsher sentences and becoming involved with the criminal justice system again. Pretrial detention should be made a fair process to all and only used as a last resort. There exist many alternatives including the confiscation of travel documents, curfews, and reporting to authorities.