Does Pretrial Detention Matter: Testing the Criminogenic and Sentencing Outcomes Associated with Pretrial Detention

• In Event: The Punitive Effects of Pretrial Detention: The High Costs of Jail Time

Abstract

Pretrial detention is consequential for individuals, families, and communities. When people are incarcerated pretrial, they are unable to work, take care of their families, or meet their daily obligations. Surprisingly, few people are denied pretrial release. Rather, most people detained pretrial are incarcerated because they were unable to meet the financial burden of their bond. Legal actors grapple with the tradeoff between the public safety aspects versus the unintended negative aspects of pretrial detention. There is a tenuous link between detention and recidivism generally, but there is little research studying the association between pretrial detention and crime and punishment. We present research from multiple counties in different regions of the U.S. to test the criminogenic and punitive nature of pretrial detention. Specifically, we replicate the Hidden Cost study analyses completed in Kentucky to assess the generalizability of these findings in a diverse set of counties. This study contributes to policy debates about community safety and punitive consequences related to pretrial detention.

Authors

• Debbie Dawes, RTI International

• Stephen Tueller, RTI International

• Matthew DeMichele, RTI International

• Pamela K. Lattimore, RTI International