Introduction to Pretrial Justice Sue Ferrere Pretrial Justice

Introduction to Pretrial Justice Sue Ferrere Pretrial Justice Institute National Association for Court Management 2018 Midyear Meeting Tuesday, February 13, 2018

Pretrial Justice in the Headlines

Why now? • • Legislation Social activism De-carceration Litigation Resolutions Research Funding High profile cases

“Problems at Both Ends” “…nearly half of the highest-risk defendants were released pending trial” whereas “low-risk, non-violent defendants are frequently detained” –Developing a National Model for Pretrial Risk Assessment, Laura & John Arnold Foundation

Pretrial Justice – 3 M’s • Maximize court appearance • Maximize public safety • Maximize release …simultaneously

Central Legal Principles • • • Limited purposes of bail decision Individualized decision making Release is the norm Excessiveness/Least restrictive Presumption of innocence Equal protection

Technical Assistance (TA) • • Receive training on pretrial justice Pretrial assessment Eliminate money bond Understand pretrial population Evaluate pretrial outcomes or strategies Plan pretrial services Convene a stakeholder group

Unnecessary Pretrial Incarceration Does Harm

What is 3 Days. Count? A nationwide campaign to support states to: Reduce unnecessary arrests that destabilize families and communities, Replace discriminatory cash bail with practical, risk-based decision-making, and Restrict detention (after due process) to the small number of people who pose a genuine threat to public safety.

Learning Events

Library

Online Community

Contact sue@pretrial. org Join the University of Pretrial! https: //university. pretrial. org/home facebook. com/pretrial @pretrial pji@pretrial. org