Why are people in jail before trial?
Not for punishment because they have not been convicted. Most people are in jail before trial because:
- They are too poor to pay bail; after arrest, they could have been released without bail, but with pretrial services, so that they come to their court appearances.
- They have mental health and/or addiction issues; they should have been diverted from jail to treatment and services.
- They were arrested for non-violent crime(s); they could have been given a court date and released, as they were not a public safety risk.
- They failed to appear for a court date; with pretrial services, they would have likely appeared on schedule.
- Some are in jail before trial because a judge has determined that they threaten public safety if they are released.
What’s wrong with jail before trial?
- It violates the rule of law – the presumption of innocence and the constitution’s prohibition against excessive bail.
- It harms individuals and their communities, is costly and does not protect public safety.
- Just 3 days in jail can harm a person’s life going forward – even when they are not convicted; the average jail time before trial is more than 3 weeks in Cuyahoga County.
- Jail before trial is unsafe and dehumanizing and it is harder for people in jail to prepare their defense.
- Jail before trial is unfair: people in jail before trial are disproportionately poor and/or minorities.
What are alternatives?
- Providing pretrial services that:
- Investigate and recommend alternatives to jail, such as diversion and supervised release.
- Ensure that people come to court for scheduled dates.
- Help people to keep and/or get jobs, housing, families, transportation and other resources.
- Protect public safety because people are less likely to re-offend.
