7334. Pretrial Justice

The course will examine the critical yet often unaddressed issues surrounding pretrial release and detention in the United States. Nearly a half million presumptively innocent individuals are incarcerated on any given day. They are awaiting the disposition of their case in a system that relies heavily on the commercial bail bond industry. Critics of the bail system in U.S. argue that such broad pretrial detention deprives people of their liberty without due process, undermines the presumption of innocence, increases crime, and wastes tax dollars by incarcerating people who are not dangerous. Proponents of the existing system argue that it protects the public and assures defendants’ appearance in court. Efforts to make changes in pretrial justice system have proved slow and difficult, leaving jurisdictions with the question how best to achieve pretrial justice. This course will cover the history and purpose of bail; race and socioeconomic effects on pretrial release and detention; and the many levels at which bail is regulated, including state statutes, regulations, court rules, and the U.S. Constitution. We will focus on pretrial justice as a system, considering how American federalism, legislation, judges, prosecutors, defense attorneys, pretrial agencies, and commercial interests combine to create the day-to-day reality of release and detention of defendants. Each week, students will have an opportunity to hear from guest speakers representing various constituencies involved in pretrial justice including judges, prosecutors, defense attorneys, and the pretrial justice agency officials. Students will develop a research project from among the topics covered in class such as legal history, litigation and policy efforts, and black-letter doctrine. Suggested Preparation: Criminal Procedure