Collateral Consequences of Pretrial Detention

Authored by: Natalie Goulette , John Wooldredge

Handbook on the Consequences of Sentencing and Punishment Decisions

Print publication date:  August  2018
Online publication date:  August  2018

Print ISBN: 9781138608931
eBook ISBN: 9780429466380
Adobe ISBN:

10.4324/9780429466380-16

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Abstract

There are two groups of possible collateral (unintended) consequences for suspects who are not released from jail prior to trial: harsher treatment at subsequent decision points within the criminal justice system (sometimes referred to as “cumulative disadvantage”), and adverse effects on these individuals and their families outside the system. These collateral consequences may also be experienced disproportionately by individuals with the highest odds of pretrial detention, particularly minority and indigent suspects. Our chapter begins with an overview of the field’s current understanding of extra-legal disparities in pretrial dispositions and the evidence suggesting that harsher treatment at pretrial influences case outcomes. We then discuss the adverse social, economic, and psychological effects of pretrial detention on the accused and his or her family. Finally, we offer some considerations for research on the topic.

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