Reducing the Federal Prison Population

Abstract

Decades of research on the impact of pretrial detention demonstrates that pretrial detention has consistent negative impacts on case outcomes. In particular, in the federal system, detained defendants are more likely to be sentenced to prison, and to receive longer sentences than comparable defendants released pending trial. Despite these negative impacts and despite an effective system of pretrial supervision, rates of pretrial detention in the federal system remain high, which impacts the overall federal prison population. This article explores the important role played by pretrial supervision in reducing prison populations by examining its impact on federal sentencing. Specifically, the article presents new research from the Central District of California, examining the mitigating role played by performance on pretrial supervision at sentencing. It concludes by highlighting the importance of judicial and legislative efforts to reduce federal pretrial detention rates.