Pretrial Detention

Pretrial Detention in the United States

Holding an accused in custody prior to adjudication of guilt. Pretrial detention may result from the inability of the accused to meet release conditions. For example, an accused may not be able to secure the money necessary to be released on bond. Pretrial detention may also occur because a judicial officer determines that the accused presents too great a risk of fleeing from the jurisdiction. It may also be determined that an accused represents a substantial threat to the security of a community. In such cases, an accused may be detained pending trial to prevent him or her from engaging in additional criminal conduct. Denial of release on this basis is called preventive detention. The decision to detain an accused before trial is a judicial determination usually made at the arraignment. Although this judgment may be altered later, it typically remains intact throughout the pretrial period.

See Also

Arraignment (Criminal Process) Pretrial Relese (Criminal Process).

Analysis and Relevance

Pretrial detention is not compatible with the presumption of innocence. Further, some persons are detained before trial only because they do not have the economic resources to meet release conditions. There are other negative consequences to detention as opposed to release. Aside from the matter of freedom, detained persons cannot maintain family contact as easily nor can they retain jobs. The latter often makes probation less probable if they are eventually convicted. Persons detained before trial also consume much of the available space in local detention facilities. Nonetheless, there are many who advocate pretrial detention as a way of combating crime. The Supreme Court has held preventive detention to be constitutional in two important cases. In Salerno v. United States (481 U.S. 739: 1987), the Court upheld provisions of the Bail Reform Act of 1984, saying that detention following a hearing does not constitute punishment. Rather, the Court saw the method as a legitimate response to the problem of crimes committed by those already on some form of release. Preventive detention for juveniles was also upheld by the Court in Schall v. Martin (467 U.S. 253: 1984).

Notes and References

  1. Definition of Pretrial Detention from the American Law Dictionary, 1991, California

Pretrial Detention and Supervision in the Criminal Justice System

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