The Impact of the Pretrial Detention and Bail on Lives and Societ

The Impact of the Pretrial Detention and Bail on Lives and Society Presented by: Mrs. Smith Date: 4 May 2023 The American Carceral System - 2.3 million people housed in... - 1,719 state prisons - 102 federal prisons - 942 juvenile correctional facilities - 3,283 local jails - 79 Indian Country jails - Military prisons, immigration detention facilities, civil commitment centers, and prisons in U.S. territories Pretrial Detention: The Scope of the Problem - Roughly 29% of people locked up are being held in local jails. - Two-thirds of those in jail have not been convicted of crime. - Most detainees are released on the day of arraignment or in the first week. On average, however, people held pretrial are detained for 26 days (median 5-10). The Path from Arrest to Pretrial Detention 1. ARRESTED a. Charged & booked b. Bail bond set (100 people) 1) Denied Bail a) Detained pretrial (4 people) 2) Can't afford money bail a) Detained pretrial (34 People 3) Pay money bail a) Financial release (38 people) c. Non-Financial Release (24 people) - Since the 1980s, there has been a significant, nationwide move away from courts allowing non-financial forms of pretrial release (such as release on own recognizance) to money bail, although this does vary substantially depending on jurisdiction. This chart illustrates the possible paths from arrest to pretrial detention. Almost all defendants will have the opportunity to be released pretrial if they meet certain conditions, and only a very small number of defendants will be denied a bail bond, mainly because a court finds that individual to be dangerous or a flight risk. The only national data on pretrial detention that we are aware of comes from the Bureau of Justice Statistics' Felony Defendants in Large Urban Counties series. Nationally, in 2009, 34% of defendants were detained pretrial for the inability to post money bail. This report focuses on this important population: those who are detained pretrial because they could not afford money bail. - Percent of people in city and county jails being held pretrial: 74% + - Median bail bond for a felony: $10,000 + - Average yearly income of a man who can't afford bail: $16,000. For women: $11,000 Percent of women who can't afford bail who have minor children: 66% + - Percent of pretrial population that is Black: 43% + - Share of jail population growth since 1983 caused by pretrial detention: 63% + Pretrial Detention... - Increases the likelihood of conviction on current charges - Leads to more severe sentences with conviction - Harms individuals' physical and psychological well-being - Reduces employment likelihood, wages, and annual earnings - Increases the burden of legal financial obligations - Increases the likelihood of future penal system involvement Through Detention, Pretrial Erodes Formal Sector Earnings and Employment Dobbie, Goldin, and Yang (2028): - 1-2 years out: • Marginal released defendants are 11.3 percentage points more likely to have any income two years after bail. - 3-4 years out: • Marginal released defendants are 10.7 percentage points more likely to have any income four years after bail than are detained defendants. • They are 9.4 percentage points more likely to be employed in the formal labor sector. • Formal sector earnings are $948 higher per year How Pretrial Detention Erodes Employment Prospects, Wages, and Annual Earnings - Employment Status and Labor Market Outcomes - Arrest - Detention - Conviction Do the Benefits of Pretrial Detention Outweigh the Costs? No. - DOBBIE, GOLDIN, AND YANG (2018) • Based on tentative calculations, we estimate that the total net benefit of pretrial release for the marginal defendant is anywhere between $55,143 and $99, 124. Intuitively, pretrial release on the margin increases social welfare because of the significant long-term costs associated with having a criminal conviction, the criminogenic effect of detention which offsets the incapacitation benefit, and the relatively low costs associated with apprehending defendants who miss court appearances" (237). - BAUGHMAN (2017) • Estimated cost savings with pretrial release? • Multiplying the economic savings per defendant by the number of felony arrests in America yields savings of $78 billion compared to current policies and $14 billion compared to universal release. Do alternatives to pretrial detention mean less impact on the rights of individuals? - Yes Does judicial culture impact the use of alternative measures, and how? - Yes What would I change? - Reduce arrests by decriminalizing behaviors that are more offensive than they are criminal. - Eliminate cash bail. - What would I change? - Deploy risk-assessment tools; though problematic in many ways, they have helped to drive down pretrial detention rates in more than a few contexts. - Provide much greater support for pretrial defense, typically only available defendants with means. This has been found to lead to increased likelihood of pretrial release. - Educate authorities about the collateral consequences of pretrial detention, including the costs to individuals, their families and communities, and the broader society.