The Evolving Rights of Pretrial Detainees

The past ten years have seen a wave of litigation seeking to limit the use of "cash bail," vindicate the rights of arrested people, and improve the way in which our criminal justice system determines who goes home and who remains in jail. This litigation has influenced the policy debates about fairness and equity in the criminal legal system, and also charted new ground on several legal issues.

In this program, two experts who have pioneered high-profile litigation related to bail and pretrial justice will provide context for these lawsuits, a deep dive on recent rulings from various federal courts, and their reflections on how lawyers can still contribute to positive systems change in the pretrial criminal context.

Learning Objectives:

1. Review the history of the "bail reform movements" in the United States, beginning in the 1960's
2. Discuss the modern push for bail reform and how litigation has factored into a robust public debate
3. Identify the constitutional rights implicated by the pretrial release decision, as well as current circuit law on Equal Protection, Due Process, the Right to Counsel, and Excessive Bail