Pretrial detention costs defendants jobs, family ties, and defense capacity.

Evidence

Reformers attacked this incarceration as *punishmentybeforestrial;” claiming that it cost indigent defendants their jobs, undermined family relationships, and made it more difficult for defendants to mount an effective defense. — G. Alan Tarr, Judicial Process and Judicial…, 1692

Categorization

  • QUESTION: Worth checking whether any court has recognized these downstream harms as cognizable in a due-process or equal-protection challenge.
  • XREF: connects to: Pretrial process costs can exceed the actual penalty for minor offenders — G. Alan Tarr, Judicial Process and Judicial…, 1663; Arrest alone makes defendants pay time and uncertainty costs to the court — Michael Lipsky, Street-Level Bureaucracy: Dilemmas of…, 709; Court scheduling shifts the cost of administrative convenience onto defendants’ time. — Michael Lipsky, Street-Level Bureaucracy: Dilemmas of…, 708 (+4 more)

Broader Connections