Pretrial Detainees Research Articles

Challenges Afflicting Prisons – A First-hand Observation

Prisons encounter numerous challenges stemming from systemic, social, and administrative shortcomings. Overcrowding stands out as a significant problem, with facilities operating well beyond their intended capacities, leading to strained resources, increased tensions, and substandard living conditions. The high volume of pretrial detainees exacerbates overcrowding, prolongs the wait for justice, and creates excessive difficulties for those who are imprisoned. Deficiencies in infrastructure, a lack of initiatives to build new prisons or expand the capacity of current facilities, insufficient medical care - particularly in mental health services - and shortages of staff all jeopardize the well-being and safety of inmates. Additionally, gender-specific issues, such as insufficient facilities for women and the absence of open prisons, underscore the system's failure to support marginalized groups. Furthermore, the scarcity of rehabilitation programs hinders the reintegration of prisoners into society. Malpractices, gang activity, and substance abuse in prisons worsen these conditions, leading to violence and fatalities that hinder reform initiatives. Addressing these interconnected challenges requires extensive reforms that involve robust administrative commitment, investments in infrastructure and workforce, improvements to the legal framework, and the creation of rehabilitation programs aimed at cultivating a more humane and efficient prison system.

THE APPLICATION OF PRE-TRIAL DETENTION AS A MEASURE TO ENSURE THE PRESENCE OF THE ACCUSED IN CRIMINAL PROCEEDINGS ACCORDING TO THE CODE OF CRIMINAL PROCEURE OF KOSOVO

One of the fundamental prerequisites for the progression of criminal proceedings is the participation of procedural subjects in the criminal procedure. Based on this fact, the primary responsibility falls on the justice authorities, who are obliged to ensure the presence of the accused in the procedure. Pre-trial detention is considered one of the most severe measures to secure the presence of the accused in the criminal procedure because it significantly restricts the freedom of the accused, a measure that can only be determined in accordance with the conditions specified by the Code of Criminal Procedure. Within the scope of this work, we will elaborate on the general concepts of pre-trial detention, the conditions for its imposition, its duration, the continuation of pre-trial detention, and the rights of pre-trial detainees. The Code of Criminal Procedure has envisaged the implementation of pre-trial detention in accordance with international standards. The rationale for applying measures to ensure the presence of the accused in the criminal procedure lies in achieving the goal of preventing the delay of the criminal procedure and ensuring access to justice.

Assertive community treatment as an alternative to incarceration for American pretrial detainees

In the United States and elsewhere around the world, people with serious mental illness (SMI) are overrepresented in the criminal justice system. Clinical interventions to divert such individuals out of correctional settings, including Assertive Community Treatment (ACT), have been shown to reduce rates of criminal justice recidivism when modified to allow for the use of court sanctions to encourage treatment adherence. However, these interventions are noted to be underutilized as alternative to incarceration (ATI) programs.This paper summarizes the results of a retrospective cohort study conducted in a New York State forensic psychiatric hospital of 87 pretrial detainees admitted after being found incompetent to stand trial between January 2019 and January 2022. Of these, 49 patients were referred to an ACT team that served as an ATI program. The study outcomes noted that patients referred to this ACT team were 20% less likely to remain in pretrial detention than those that were not. Moreover, patients referred to the ACT program were also 34% more likely to be granted an ATI plea bargain in the community that did not involve serving a prison term. These results suggest that pretrial detainees with SMI are more likely to be granted an ATI program that offers more intensive treatment services such as ACT, due to the capability of such programs to also provide more intensive outreach and community supervision than traditional outpatient mental health service providers.

Confused Purposes and Inconsistent Adjudication: An Assessment of Bail Decisions in Delhi's Courts

Abstract A persistent issue in the Indian criminal justice system has been the over-incarceration of pre-trial detainees, which is inextricably linked with the practices of trial courts in deciding on the detention and release of accused persons pending trial. The present statutory law and judicial discourse provides little guidance on the process for deciding bail matters. There has also not been much effort to empirically research decision-making in such matters and/or the impact of these decisions on the pre-trial detainee population in prisons. The present study is an attempt to plug this gap, analysing ‘regular’ bail orders of Sessions Courts of Delhi available from the eCourts system between 2017 and 2019 for the offences of theft and rape. The data reveals a failure to recognise the fundamentally preventive purpose of bail, as well as to develop individualised and specialised processes in compliance with this purpose. Such failure in guidance has resulted in judges importing factors from the trial process that remain unjustified outside of the punitive detention process, such as guilt. In conclusion, we argue that a fundamental reimagination of the approach to bail is required – one that is distinct from the trial process and focuses instead on the individualised assessment of risk.

Changes in damages when liability rules change: an empirical study on compensation for the time spent in pretrial detention

In some legal systems, non-convicted pretrial detainees are to be compensated by the Government for the losses derived from their stay on remand. Several theoretical and empirical studies have analyzed some of the consequences of such compensation. This paper finds a result that said studies did not predict: a legal change that relaxed the requirements for compensation is correlated with a reduction in the amount of compensation awarded. We empirically analyze which factors are correlated with the amount of compensation awarded in these cases by Spanish courts from 1990 until today. Our econometrical analysis finds that (i) this amount has drastically decreased after the Supreme Court, by establishing that every non-convicted pretrial detainee is to be compensated, significantly expanded the set of cases where such compensation is due. Moreover: (ii) the longer the time spent on remand, the lower the daily compensation awarded; (iii) those who work receive higher damages than those who do not work, but there are notable (and apparently unjustifiable) differences by type of work; e.g., police officials get much higher awards than other claimants; (iv) we find no gender nor foreign bias.

Does time work its magic? The relationship between time in detention and risk of violence and aggression

ABSTRACT The present study intends to analyze if there are differences in scores of aggressiveness and violence between three groups of pre-trial detainees with different times of detention. Our analysis regarding the levels of aggressiveness and risk of violence showed a tendency for both measures to be higher in groups detained for less time, even when criminal variables are controlled. Our findings highlight the higher propensity for remanded prisoners to be violent and display aggressive behavior during the first period of confinement, which emphasizes the need to improve the mechanisms of adaptation to that environment.

An Item-Based Revalidation of the Florida Pretrial Risk Assessment Instrument

ABSTRACT Scholars and practitioners continue to examine the growing pretrial detainee population. These individuals have not been convicted of a crime, and yet they sit in detention, taxing jail facilities and their limited budgets. Pretrial risk assessment tools have been created to identify individuals who can be released prior to trial, without jeopardizing community safety. The current study revalidates items included in the Florida Pretrial Risk Assessment Instrument. Results suggest that most individuals on pretrial release do not commit new offenses or fail to appear for future court hearings. Similarities and differences between the original study and the revalidation are noted. The inclusion of assessing “community ties” is also explored.

Pathways To Reforming Pre-Trial Detention In Nigeria: Ppdc’s Access To Justice Contributions

This paper examines the use of pretrial detention in Nigeria’s Criminal Justice Sector. An average of 65-70% of the inmates are awaiting trial. This exceeds those convicted of committing crimes. Many pretrial detainees either have no access to lawyers or may never get to court. This paper examines the legal framework for pretrial detention, analyses the efforts of previous interventions and discusses the current interventions implemented by the Public and Development Centre in Nigeria. The paper proposes recommendations including the effective use of corps lawyers, law clinics, technology and administrative improvements to cause a reformation in pretrial detention in Nigeria.

Suicide concerns among pretrial detainees: validation of the Portuguese version of the SCOPE-2

PurposeRemand prisoners (RPs) are known to be in a more vulnerable situation than those already convicted. Beyond the difficulties to adapt to the prison, RP also tend to experience tough circumstances due to the uncertainty of their future. This study aims to further test the psychometric properties of the Suicide Concerns for Offenders in the Prison Environment (SCOPE-2) in a sample of RP.Design/methodology/approachThe authors have carried out a confirmatory factor analysis to test the psychometric qualities of the SCOPE-2. The authors tested the originally proposed two-factor structure composed of two subscales: optimism and protective self-worth. Also, the authors examined internal consistency through Cronbach’s alphas. Convergent validity was tested by correlational analyses between SCOPE-2 subscales and the Suicide Behaviors Questionnaire-Revised and Brief Symptom Inventory (BSI) total scores. Finally, the authors have tested known-groups validity by carrying out discriminant analysis by testing the SCOPE-2 subscales’ ability to predict belonging to a group with previous suicide attempts.FindingsThe confirmatory factor analysis showed an acceptable model fit, even though the subscale “Protective self-worth” presented a less acceptable fit. The correlation analysis supported the convergent validity of the SCOPE-2. Both the “Optimism” and “Protective self-worth” subscales showed a positive correlation with the total scores of BSI. Finally, the Portuguese version of SCOPE-2 also showed known groups validity. Concretely, the “Optimism” scores revealed an acceptable predictive accuracy.Practical implicationsThis study embraces important contributions to the practice as it was the first study to validate a measure to assess vulnerability for suicide and self-harm in male and female RP.Originality/valueTo the best of the authors’ knowledge, this was the first study to validate an instrument to assess vulnerability for suicide and self-harm in both male and female pretrial detainees. Knowing their particular case, as well as the lack of responses for these individuals, it is particularly important to access suicide concerns that could precede suicide attempts.

Has Anything Changed? An Analysis of Federal Custodial Litigation Cases PostKingsley v. Hendrickson

The Supreme Court set a standard of deliberate indifference for correctional conditions of confinement cases and have historically required proof of staff members’ state-of-mind. The Kingsley v. Hendrickson decision signaled a shift from that subjective requirement when the court applied a less onerous objective standard in a case involving excessive force against a pretrial detainee. The question is how the Federal Appeals Courts would interpret Kingsley? Our findings indicate that the 12 courts differ in their application of the objective and subjective standards for conditions of confinement cases, including those for suicides of pretrial detainees.

Punishment before Trial: The Case for Reforming Pretrial Detention in Nigeria

Abstract In decent society, before a person is punished, they must have committed a crime. The laws of democratic countries prohibit punishment before trial. In Nigeria, that prohibition is contained in the constitution which grants everyone accused of crime, the right to a fair trial and the right to be presumed innocent until otherwise is proven. This paper tries to show that despite these constitutional protections given to all persons in Nigeria, pretrial detainees who are merely accused of crimes suffer extremely punitive conditions before they are subjected to a trial. This paper demonstrates the failure of the Nigerian pretrial detention system to protect the dignity of pretrial detainees whose guilt has not been proved before a court. At the end, this paper draws ideas from Ghana and United States of America, of reforms that could help Nigeria fix its broken pretrial detention system.

Understanding deliberate indifference to suicide in corrections facilities: A review of recent legal cases.

The US corrections system is the largest provider of mental health care in the country. Suicide is a leading cause of death in corrections facilities with rates of inmate suicide being far higher than the national average. Suicide is an event that can lead to legal action against the facility, staff, and treating health-care providers. Some claims are based on medical malpractice. In this setting, claims may also be brought based on violations of the detainee's constitutional rights. Pretrial detainees and prisoners, alike, have a constitutional right to adequate medical and psychiatric care through the Fourteenth Amendment and Eighth Amendment, respectively. But, there is limited information on constitutional claims made against correctional health-care providers for cases of inmate suicide. To help bridge this gap, the authors conducted a search of federal legal case decisions involving claims against health-care providers for deliberate indifference to a detainee's serious illness or injury in the event of attempted suicide or death by suicide over a 5 year period from 2016 to 2021. Fifteen cases were identified. Five themes emerged from the cases, which could serve as bases for claims against health-care professionals: receiving screening, mental health assessment, treatment, documentation, and attention to facility policies. The cases and their clinical significance are summarized in this article. The materials provide an overview of the problems surrounding correctional suicides and can serve as practice pointers in the corporeal setting.

Mental Health and Legal Implications of Access to the Outdoors during Incarceration.

The prevalence of mental disorders and substance use disorders among incarcerated populations has called attention to the availability of mental health services in U.S. jails and prisons. Yet, structural factors, such as access to outdoor recreation, can also shape mental health in correctional environments, and U.S. jails and prisons often restrict incarcerated people from going outside. This article examines correctional policies on outdoor access, including mental health implications and related litigation. Research supports the widely held view that outdoor access can be an important determinant of mental health; nevertheless, U.S. courts have come to varying conclusions about the rights of incarcerated people to such access, leading to a patchwork of legal precedents and institutional practices with some striking inequities. For example, in California, pretrial detainees who have not been convicted of any crimes may be denied outdoor access for years, whereas convicted individuals on death row typically have access to weekly outdoor time. By examining mental health literature and case law, the authors suggest general principles for the provision of outdoor access to incarcerated individuals, as well as call for additional research on the adverse effects of the common practice of restricting such access.

Mental Health Services for Pretrial Detainees: Current Situation, Difficulties and Prospect

Mental Health Services for Pretrial Detainees: Current Situation, Difficulties and Prospect

Commentary: Exploring the mental healthcare needs of Swiss pre-trial detainees: A pilot investigation of an on-site psychiatric day clinic.

Commentary: Exploring the mental healthcare needs of Swiss pre-trial detainees: A pilot investigation of an on-site psychiatric day clinic.

Exploring the mental healthcare needs of Swiss pre-trial detainees: A pilot investigation of an on-site psychiatric day clinic.

IntroductionResearch has established that justice-involved individuals experience significant mental health problems. However, mental healthcare in correctional settings is often not sufficiently accessible to meet the demand. Hence, to improve the availability of mental healthcare services, especially for pre-trial detainees, the first Swiss on-site psychiatric day clinic (PDC) was established in 2019. The present cross-sectional observational study aimed to evaluate the need of psychiatric care in pre-trial detention and the PDC's potential to improve it.MethodsFile record data were collected from the Office of Corrections and Rehabilitation of the Canton of Zurich. Differences in primary psychiatric care consultations and psychiatric hospital admissions between pre-trial detainees and sentenced prisoners were examined. In addition, a total cohort of pre-trial detainees of the first 18 months of PDC operations was examined to identify differences between three treatment groups: (1) pre-trial detainees exclusively treated in the PDC (n = 41), (2) pre-trial detainees exclusively treated in a psychiatric hospital (n = 58), and (3) pre-trial detainees treated in both the PDC as well as a psychiatric hospital (n = 16).ResultsIn the 5 years before the PDC opened, pre-trial detainees had significantly more primary psychiatric care consultations and were admitted to psychiatric hospitals on significantly more occasions than were sentenced prisoners. In the first 18 months of the PDC, psychiatric hospital admission rates for pre-trial detainees decreased by 18.5% and pretrial detainees exclusively treated in the PDC differed significantly from other treatment groups concerning mental disorder, gender, and alleged index offense. They were more likely to be diagnosed with adjustment disorders and were less likely to be diagnosed with schizophrenia spectrum disorder.ConclusionThe use of mental health care among pre-trial detainees is significantly more frequent than among sentenced prisoners concerning both primary care and inpatient treatment. Since establishment of the novel on-site PDC admissions to psychiatric hospitals were found to decrease. Data indicates that especially male pre-trial detainees with adjustment disorders benefitted from this innovative path forward in correctional healthcare. Further research is needed to improve the PDC's service for female pre-trial detainees.

Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland

Ireland has a comparatively low pre-trial detention rate by European standards, at around 14 pre-trial detainees per 100,000 population. This article seeks to explore one factor which may explain a lower use of pre-trial detention in Ireland: its legal culture. Drawing on semi-structured interviews with judges, prosecution lawyers, defence lawyers and probation staff, the article finds that the constitutional protection of the right to bail (the key alternative to pre-trial detention in Ireland), an enduring legal tradition which historically prohibited the use of a risk of offending ground, and shared views and assumptions about the objectives of pre-trial detention hearings amongst judges, prosecution and defence lawyers, have influenced how such actors engage in the decision-making process about the use of pre-trial detention. The article argues that more attention needs to be given to the role of legal culture to examine why detention rates differ across Europe.

Predicting pre-trial detention outcomes in the Brazilian Supreme Court

Brazil has a large prison population, which places it as the third country in the world with the most incarceration rate. In addition, the criminal caseload is increasing in Brazilian Judiciary, which is encouraging AI usage to advance in e-Justice. Within this context, the paper presents a case study with a dataset composed of 2,200 judgments from the Supreme Federal Court (STF) about pre-trial detention. These are cases in which a provisional prisoner requests for freedom through habeas corpus. We applied Machine Learning (ML) and Natural Language Processing (NLP) techniques to predict whether STF will release or not the provisional prisoner (text classification), and also to find a reliable association between the judgment outcome and the prisoners' crime and/or the judge responsible for the case (association rules). We obtained satisfactory results in both tasks. Classification results show that, among the models used, Convolutional Neural Network (CNN) is the best, with 95% accuracy and 0.91 F1-Score. Association results indicate that, among the rules generated, there is a high probability of drug law crimes leading to a dismissed habeas corpus (which means the maintenance of pre-trial detention). We concluded that STF has not interfered in first degree decisions about pre-trial detention and that it is necessary to discuss drug criminalization in Brazil. The main contribution of the paper is to provide models that can support judges and pre-trial detainees.

Pretrial justice reform and black–white difference in employment

ABSTRACT While criminal justice reforms aimed at reducing the size of pretrial detainee population are being implemented across the U.S., little is known about their impact on the labour market. Using difference-in-differences approach, we find that the 2017 New Jersey Criminal Justice Reform increased the employment probability among blacks in their prime working age (i.e. 25–54) by 4.2 to 6.8 percentage points; its effect among whites is negligible. Labour force participation, full-time job status, and working hours among blacks also increased. Our findings suggest that individuals not detained pretrial are absorbed by the formal labour market and that this contributes to an overall increase in employment.

Healthcare in a pure gatekeeping system: utilization of primary, mental and emergency care in the prison population over time

BackgroundThis study investigates the prisoner and prison-level factors associated with healthcare utilization (HCU) and the dynamic effects of previous HCU and health events. We analyze administrative data collected on annual adult prisoner-stay HCU (n = 10,136) including physical and mental chronic disease diagnoses, acute health events, penal circumstances and prison-level factors between 2013 and 2017 in 4 prisons of Canton of Vaud, Switzerland. Utilization of four types of health services: primary, nursing, mental and emergency care; are assessed using multivariate and multi-level negative binomial regressions with fixed/random effects and dynamic models conditional on prior HCU and lagged health events.ResultsIn a prison setting with health screening on detention, removal of financial barriers to care and a nurse-led gatekeeping system, we find that health status, socio-demographic characteristics, penal history, and the prison environment are associated with HCU overtime. After controlling for chronic and past acute illnesses, female prisoners have higher HCU, younger adults more emergencies, and prisoners from Africa, Eastern Europe, and the Americas lower HCU. New prisoners, pretrial detainees or repeat offenders utilize more all types of care. Overcrowding increases primary care but reduces utilization of mental and emergency services. Higher expenditure on medical staff resources is associated with more primary care visits and less emergency visits. The dynamics of HCU across types of care shows persistence over time related to emergency use, previous somatic acute illnesses, and acting out events. There is also evidence of substitution between psychiatric and primary care.ConclusionsThe prison healthcare system provides an opportunity to diagnose and treat unmet health needs for a marginalized population. Access to psychiatric and chronic disease management during incarceration and prevention of emergency or acute events can reduce future demand for care. Prioritization of high-risk patients and continuity of care inside and outside of prisons may reduce public health pressures in the criminal system. The prison environment and prisoners’ penal circumstances impacts healthcare utilization, suggesting better coordination between the criminal justice and prison health systems is required.