The Rising Federal Pretrial Detention Rate, in Context

• Published in: Federal probation 2018-09, Vol.82 (2), p.13-56
• Main Author: Rowland, Matthew G
• Format: Article
• Language: English
• Subjects: Alternative sentencing; Arrests; Attorneys general; Convictions; Crime; Criminal justice; Criminal sentences; Criminal statistics; Defendants; Demography; Detention; Drug courts; Drugs; Federal court decisions; Hispanic people; Immigration; Judges & magistrates; Law enforcement; Native North Americans; Natural law; Offenses; Pacific Islander people; Parole & probation; Pretrial detention; Pretrial procedure; Prisoners; Prisons; Public safety; Recidivism
• ISSN: 0014-9128; 1555-0303

[...]it appears that the demographic differences in the charges against, and criminal history of, defendants may explain at least some of the difference in release rates.8 To further explore that possibility, the Administrative Office of the United States Courts (AO) examined records related to 210,000 defendants charged in the federal system between 2012 and 2016. [...]in the interest of allocating its limited resources to achieve an effective nationwide law enforcement program, from time to time the Attorney General may establish national investigative and prosecutorial priorities" (Department of Justice). [...]the amount of drugs involved in federal offenses is usually large. Since the drug amount is a primary factor in determining the custody term under federal law, it is natural to consider it when assessing risk of flight pending trial. [...]defendants can get a proverbial head start on a likely prison term and avoid the emotional trauma of having to leave their family not once but twice-staying in custody following original arrest.