"Over 20 percent of prison and jail inmates in the United States are currently awaiting trial, but little is known about the impact of pre-trial detention on defendants. This paper uses the detention tendencies of quasi-randomly assigned bail judges to estimate the causal effects of pre-trial detention on subsequent defendant outcomes. Using data from administrative court and tax records, we find that being detained before trial significantly increases the probability of a conviction, primarily through an increase in guilty pleas.
"California’s persistently overcrowded jails are facing additional challenges now that public safety realignment has shifted many lower-level offenders from state prisons to county supervision. Jail capacity challenges are prompting a reconsideration of California’s heavy reliance on holding unsentenced defendants in jail pending trial—known as pretrial detention. The legal rationale for pretrial detention is to ensure court appearances and preserve public safety.
"Although detention for dangerousness has received far more attention in recent years, a significant number of non-dangerous but impecunious defendants are jailed to ensure their presence at trial due to continued, widespread reliance on a money bail system."
"States provide most defendants the opportunity for release prior to trial. Pretrial detention is limited to only those charged with the most serious crimes and other specified circumstances such as violating conditions of, or committing a new crime while on pretrial release."
Pennsylvania is on the verge of becoming one of the first states in the country to base criminal sentences not only on what crimes people have been convicted of, but also on whether they are deemed likely to commit additional crimes.
Data in this report were collected through the Bureau of Justice Statistics’ (BJS) Annual Probation Survey and Annual Parole Survey.
The Bureau of Justice Statistics maintains the Annual Probation Survey, an annual data series designed to provide national, federal, and jurisdiction-level data from administrative records on adults supervised in the community on probation.
Offender handbook from the Kentucky Division of Probation and Parole.