Handbook on pretrial justice / edited by Christine S. Scott-Hayward, Jennifer E. Copp & Stephen Demuth.

Format:

Book

Contributor:

Scott-Hayward, Christine S., editor.

Copp, Jennifer E., editor.

Demuth, Stephen, editor.

Series:

The ASC Division on Corrections and Sentencing Handbook

Language:

English

Subjects (All):

Criminal justice, Administration of--United States.

Criminal justice, Administration of.

Physical Description:

1 online resource (451 pages)

Edition:

1st ed.

Place of Publication:

New York ; London : Routledge, 2022.

Summary:

"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"-- Provided by publisher.

Contents:

Cover

Half Title

Series Information

Title Page

Copyright Page

Table of Contents

Contributors

Introduction

Chapters

Conclusion

References

Part I The Consequences of Detention

1 The Pains of Pretrial Detention: Theory and Research on the Oft-Overlooked Experiences of Pretrial Jail Stays

Pretrial Detention

Theoretical "Logic" of Pretrial Detention

Who Is Detained Pretrial?

Theoretical Impacts of Pretrial Detention

Pretrial Detention and "Cut Off" Social Capital

Pretrial Detention as a "School of Crime"

Pretrial Detention and Trauma

Pretrial Detention and Decreased Legitimacy

Pretrial Detention Experiences as a Black Box and the Implications of Illuminating It

"The" Pretrial Detention Experience in the United States

Characteristics of Individuals in Pretrial Detention

The Pretrial Detention Experience

Pretrial Detention and "Cut Off" Social Capital-Visitation

Pretrial Detention as a "School of Crime"-Behavior

Pretrial Detention and Trauma-Victimization and Solitary Confinement

Pretrial Detention and Decreased Legitimacy-Procedural Justice

A Summary of Findings

Discussion of Findings

Recommendations for Research

Recommendation 1: Collect and Examine Longitudinal Pretrial and Jail Data

Recommendation 2: Examine the Experiences Individuals Have in Pretrial Detention

Recommendation 3: Examine How the Experiences Vary Across Individuals

Recommendation 4: Examine the Implications of These Experiences for Individuals, Families, Communities, and Corrections Systems

2 Jails and Health

Health-Related Vulnerabilities of Pretrial Detainees

Mental Illness

Substance Use and Dependence

Suicide

Chronic and Infectious Physical Conditions

Violence and Injury.

Jails as Sites of Health Care Provision

Policy Implications

Macro-Level Policies

Micro-Level Policies

Future Research

Use and Health Impacts of Solitary Confinement in Jails

Special Populations in Jails

3 Does Jail Derail?: The State of the Literature on Cumulative Disadvantage and Pretrial Detention

Pretrial Detention and Adjudication Outcomes

Pretrial Detention and Sentencing Outcomes

Differential Effects

Racial and Ethnic Disparity

Sex-Based Disparity

Understanding the Cumulative Disadvantage Effect

Dangerousness and Disparity

Gaps in the Research

Multi-Stage Analyses

Under-Studied Measures

Mixed-Methods and Qualitative Research

Theoretical Implications

Note

4 Why Individuals Who Are Held Pretrial Have Worse Case Outcomes: How Our Reliance on Cash Bail Degrades Our Criminal Legal System

Part I: Coerced Plea Deals

Stacked Charges

Cash Bail

Hidden Evidence

Part II: Building a Case From Behind Bars

M.J.'s Story

Access to Defense Attorneys

I When an Attorney Is Assigned

II Physical Access to Attorneys

III Building Trust

Gathering and Reviewing Evidence

I Expiring Or Disappearing Evidence

II Evidence That Is Difficult to Secure

III Refreshing One's Recollection

IV Reviewing Evidence

Contacting Witnesses

Maintaining Hygiene and Resolve

Part III: Harsher Sentences

Mitigation Evidence

Sentences Based on Time Served

Part IV: Solutions

Cite and Release

Release Valve

Conditions of Release Hearings Within 48 Hours of Detention

Enhanced Procedural Safeguards for Conditions of Release

Limitations for Preventative Detention

Counsel at Initial Hearings

Ability to Pay Requirements

Notes

References.

5 Exploring the Causal Mechanisms Linking Pretrial Detention and Future Penal System Involvement

The Pains of Pretrial Imprisonment

What We Know and What We Suspect

How Procedural Injustices Erode Detention's Deterrent Effect

The Collateral Consequences of Pretrial Detention

The Material Costs of Pretrial Detention

The Nonmaterial Costs of Pretrial Detention

Social Bonds and Social Control

The "Stickiness" of the Penal System

A Conceptual Model

Part II Legal Issues in Pretrial Decision-Making

6 Citations in Lieu of Arrests

The Law of Citation in Lieu of Arrest

Effects of Citations in Lieu of Arrest

Few Constitutional Limits on Officers' Discretion to Arrest

The Scant Empirical Literature on Citations in Lieu of Arrest

Unknown and Unintended Consequences

Expanding the Use of Citations in Lieu of Arrest

Overturn Atwater

Reform State Arrest Laws

Systematically Use Notification Programs

7

Right to Counsel in Pretrial Proceedings

The Constitutional Right to Counsel

Offense Level

Stage of the Case

Police Practices

Pretrial Court Hearings

Continued Struggles With the Right to Counsel

Unresolved Issues

Bail Decisions

Interlocutory Appeals

The Importance of Counsel at Pretrial Proceedings

Interrogations

Bail Hearings

Plea Agreements

8 Pre-Trial Civil Commitment of Criminal Defendants

Civil Commitment of Criminal Defendants

The History of Civil Commitment of Criminal Defendants

Current Practices in Pre-Trial Commitment

Dangerousness

Competence to Stand Trial (CST)

Special Statutory Provisions

Scientific Advances

Research on Civil Commitment Practices.

Direct and Collateral Consequences of Commitment

The Outcomes: Who Benefits From Civil Commitments?

Emergent Trends in Commitment Practice and Policy

Alternatives to Civil Commitment

Unanswered Questions

Part III Issues in Pretrial Community Supervision

9 A Public Health Perspective on Diversion Programs for Justice-Involved Individuals With Mental Health Issues

Deinstitutionalization of Persons With Mental Illness

Policy

Deinstitutionalization

Healthcare System

Criminal Justice System

Legal System

Across the Sectors

Criminological Risks for an Individual Versus a Population With Mental Illness

Individual Determinants

Population Determinants

Criminogenic Risk and Diversion

Metrics to Compare Diversion Programs

General Setting

Community Characteristics

Jurisdiction

Type of Program

Treatment Length and Type

Eligibility

Costs

Outcome Measures

Unifying Diversion Research Agendas Across Criminal Justice, Legal, and Healthcare Sectors

10 Electronic Monitoring During Pretrial Release

Pretrial Reform Measures and Pretrial EM

Components of Pretrial EM

Types of EM

Size of Programs and Eligibility Requirements

Finances and Private Corporations

Race and Racism

Implications of this Shift: The Collateral Consequences of Pretrial Electronic Monitoring

Job Security and Job Opportunities

Financial Instability

Housing

Health and Health Care

Education

Legal Resources and Due Process

Impact on Family Members

11 Translating Research to Practice: Implementing Procedural Justice in Pretrial Systems

Procedural Justice Theory and Reforms.

Procedural Justice Concept and Applications in the Criminal Justice Context

Procedural Justice in Various Criminal Justice Settings

Procedural Justice and Racial Justice

Case Study of Procedural Justice in New York City's Criminal Justice Agency

The New York City Criminal Justice Agency (CJA)

The Center for Court Innovation

An In-Depth Case Study of the Partnership Between CJA and the Center

Discussion and Agenda for Future Work

Open Research Questions

12

A Brief Introduction to Bail

Bail and Pretrial Incarceration

Bail in the United States

Bail in California

Pretrial Services in San Francisco

The "O.R. Project"

Statewide Pretrial Services

The San Francisco Pretrial Diversion Project

The Public Safety Assessment Tool in San Francisco

In Re Humphrey

Case Background

Appeals Process

Immediate Impact of Humphrey

State and National Impact of Humphrey Decision

National Landscape for Pretrial Reform

Humphrey's Impact on San Francisco's Pretrial Justice System

Local System Impact

Sheriff's Office Response

Local Stakeholder Coordination

Engagement With City Officials

Program Adaptation

Internal Communications

Case Management Programming

Coordination With Court Personnel

The In-Custody Referral Program

Training Initiatives

Conclusion and Discussion

Part IV Assessing Risk

13 Pretrial Risk Assessment Instruments in the United States: A Critical Lens on Issues of Development, Performance, and Implementation

History of Risk Assessment Tools in the Criminal Justice System

Evolution of Risk Assessment

Situating Pretrial Risk Assessment Within the Broader Evolution of Justice System Assessment Tools

Pretrial Risk Assessment in Context

Predicting Pretrial "Failure".

A Critical Assessment of Predictive Validity Across Multiple Performance Indicators.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-00-314984-7

1-003-14984-7

1-000-43182-7

9781003149842

OCLC:

1263025709