Imagine being arrested. That situation is enough to disturb anyone. Now imagine being arrested and being locked up until you go to trial. That horrifying scenario is a fact of life for approximately 10 million people throughout the world. A person might be innocent and have to wait months or years before appearing before a judge. And a guilty person might be warehoused in jail for that long before going to court, even though his or her crime might not be serious. If this sounds unjust, it is, according to the Soros Foundation. And it doesn’t only happen in third world countries. The United States is complicit in this breach of human rights.
People are often detained when they commit a crime. Bail is given to most, to assure that the person charged will appear in court. But bail is not a get out of jail free card in too many cases. An unemployed or poor person often cannot afford to pay the bail, and therefore is forced to languish in jail until his or her case comes up in court. Some are denied bail all together, deemed to be guilty without a trial. What are some of the consequences of pretrial detention? The Socioeconomic Impact of Pre-trial Detention examines that question and provides troublesome answers.
For juveniles caught up in the pretrial detention system the consequences can be particularly distressing. Beside the “normal” trauma of incarceration, studies have shown that juveniles in pretrial detention are likely to receive substandard education while locked up, and often have a very difficult time catching up upon release. The report also states that these juveniles are found to have higher recidivism rates than those who were not locked up before trial.
Adults have consequences of their own. A working parent who is locked up before trial will often lose his or her job. An employer may believe that if the person is held without bail, guilt should be assumed. If a person has bail set but cannot afford it, an employer will most likely hire another worker as replacement, and the odds are great that the incarcerated person will have lost the job upon release.
Jails are notorious disease incubators. Someone not yet judged to be guilty has a good chance of becoming ill while awaiting trial. Stress levels decrease the immune systems ability to fight disease. In confined quarters disease runs rampant, and inmates often find themselves at the mercy of substandard health care. Health care, however inadequate, is expensive.
Families are destroyed when a breadwinner is locked up. Struggling to find money for bail for a loved one when the rent is due, food is scarce and the children’s basic needs are not being met causes marital discord. Visiting may be limited, and families suffer. Often the pretrial detainee begs family and friends to get him or her out on bail, and anger, guilt and a wide range of emotions cause a growing sense of discord and despair.
For taxpayers the cost of pre-trial detention can be burdensome. Locking up someone not yet sentenced is a though most people do not entertain when considering the criminal justice system. Several factors including the cost of transporting prisoners to court for pretrial motions can raise the initial cost far above expectations. And the officers who must sit and wait to transport the prisoner back to pretrial detention are unproductive during this time, and could better use their idle time for more pressing matters.
The report goes into detail about the huge negative impact pre-trial detention has on the economy. To view the report click here to go to website
Source: Open Society Foundations and United Nations Development Program
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