Pretrial Detention and the Costs of System Overreach for Employment and Family Life

Abstract

Using unique Danish register data that allow for comparisons across both conviction and incarceration status, this article analyzes the association between pretrial detention and work, family attachment, and recidivism. We find that pretrial detention may impose unique social costs, apart from conviction or additional punishments. Most notably, men who are detained pretrial experience poorer labor market trajectories than men who are convicted of a crime (but not incarcerated). Importantly, this result holds even for men who are detained pretrial but who are not convicted of the crime. Consistent with prior research, we also find that pretrial detention is unrelated to later family formation but might disrupt preexisting household arrangements. Finally, the associations between pretrial detention and work and family life are not counterbalanced by reductions in recidivism.