Pretrial detention and the long mouth of incarceration
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Abstract
The practice of pretrial detention, wherein individuals are incarcerated prior to their trial without conviction, represents a significant and growing phenomenon in the United States, raising profound legal, social, and ethical concerns. This paper explores the multi-faceted impacts of what this paper terms "unconvicted incarceration," a critical but underexamined aspect of the American penal system. Drawing from a wealth of sociological and legal theories, as well as empirical studies, the analysis reveals that pretrial detention is not merely a neutral, administrative measure but a form of punishment that perpetuates systemic inequalities and exacerbates the vulnerabilities of already marginalized populations. This paper examines the socio-legal dynamics of unconvicted incarceration through the lenses of total institutions, the pains of imprisonment, and management of the so-called "offensive rabble class," demonstrating how pretrial detention mirrors many of the punitive aspects of convicted incarceration despite the absence of a formal conviction. By integrating jurisprudential and sociological perspectives, this analysis highlights the constitutional dilemmas and public policy challenges posed by the practice, arguing for a critical reassessment of pretrial detention's role within the broader penal landscape. This research not only contributes to academic discourse but also engages with pressing public policy debates, aiming to inform future reforms that address the complexities of pretrial detention and its profound implications for justice in America.
Description
2024