Full Answer Section

Pre-trial detention can adversely impact the defendant’s ability to prepare a defense in a number of ways. First, pre-trial detainees may have difficulty accessing their attorneys and other members of their defense team. Second, pre-trial detainees may have difficulty gathering evidence and preparing for trial while they are in jail. Third, pre-trial detainees may experience stress and anxiety that can make it difficult to concentrate on their defense.

How does pre-trial detention impact society?

Pre-trial detention can impact society in a number of ways. First, pre-trial detention can be expensive for taxpayers. Second, pre-trial detention can disproportionately impact poor and minority defendants. Third, pre-trial detention can lead to job loss and family disruption for defendants and their families. Fourth, pre-trial detention can undermine public confidence in the criminal justice system.

Conclusion

The Bail Reform Act of 1984 permits pre-trial detention of defendants who are deemed to be a danger to the community or a flight risk. The Supreme Court has held that this law is consistent with the 8th Amendment’s prohibition against “excessive bail.” However, pre-trial detention can adversely impact the defendant’s ability to prepare a defense and can have a number of negative impacts on society.

It is important to balance the need to protect the public from dangerous criminals with the right of all defendants to a fair trial. Pre-trial detention should only be used when it is absolutely necessary.