Handbook on Pretrial Justice

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

• IntroductionChristine S. Scott-Hayward, Jennifer E. Copp, and Stephen DemuthI. The Consequences of Detention1. 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. Montes2. Jails and Health Meghan Novisky and Daniel Semenza3. Does Jail Derail? The State of the Literature on Cumulative Disadvantage and Pretrial Detention Stacie St. Louis4. Why Individuals Who Are Held Pretrial Have Worse Case Outcomes: How Our Reliance on Cash Bail Degrades Our Criminal Legal System Claire Chevrier5. Exploring the Causal Mechanisms Linking Pretrial Detention and Future Penal System Involvement Sandra S. Smith and Cathy HuII. Legal Issues in Pretrial Decision-Making6. Citations in Lieu of Arrests Henry F. Fradella and James A. Purdon7. Right to Counsel in Pretrial Proceedings Marian R. Williams8. Pre-trial Civil Commitment of Criminal Defendants Anabelle Frazier and Isabella CallahanIII. Issues in Pretrial Community Supervision9. A Public Health Perspective on Diversion Programs for Justice-Involved Individuals with Mental Health Issues Lisaann S. Gittner and Jeff A. Dennis10. Electronic Monitoring During Pretrial Release Erin Eife11. Translating Research to Practice: Implementing Procedural Justice in Pretrial Systems Elizabeth S. Saba, Tiffany Bergin, Marlies Talay, Emily LaGratta, Camila Gripp, and Amanda Berman12. An Analysis of In re Humphrey’s Impact on Pretrial Services in San Francisco Matt Miller, David Mauroff, Cristina Barron, and Bob BroughtonIV. Assessing Risk13, Pretrial Risk Assessment Instruments in the United States: A Critical Lens on Issues of Development, Performance, and ImplementationJennifer E. Copp and William Casey14. Pretrial Risk Assessment Tool Adoption and Pretrial Operations Spencer G. Lawson, Staci J. Rising, Eric Grommon, and Evan M. Lowder15. New Perspectives on Pretrial Nonappearance Lauryn P. Gouldin16. All Models Are Wrong, But Are Risk Assessments Useful? Colin Doyle17. First, a Reckoning: Prioritizing Racial Equity in Pretrial Reform Cherise Fanno Burdeen and Wendy ShangV. Pretrial Justice Around the World 18. Economic, Political, and Social Correlates of Pretrial Detention Use Around the World Martin Schönteich19. Exploring Pretrial Detention and Pretrial Processes in Five Caribbean Countries Lina Marmolejo, Randy Seepersad, Danielle S. Rudes, and Faye S. Taxman20. Taking Stock of Procedural Reforms in Colombia: Pretrial Detention, Due Process, and Accountability(1991-2020) Johanna Mora, Paula Mora, and Andres F. Rengifo