The Initial Collateral Consequences of Pretrial Detention: Employment, Residential Stability, and Family Relationships
33 Pages Posted: 6 Oct 2022
Date Written: September 12, 2022
While a large body of research has examined the criminal justice consequences of pretrial detention, fewer studies have explored its collateral impacts. We present results from phone interviews conducted with 1,529 individuals arrested in New York City, exploring how participants’ employment, residential stability, and family relationships changed since their arrest, and whether pretrial detention was associated with those outcomes. On average, respondents were interviewed about 15 days after release. Over one in five participants who were employed at the time of arrest were no longer employed when they were interviewed, and individuals who experienced pretrial detention were 74% more likely to become unemployed than individuals who were arrested and released at arraignment. Participants who experienced pretrial detention were also more likely to report becoming homeless or inhibited in their ability to care for their children as a result of their justice involvement, compared to participants who were arrested and released. Results indicate that both custodial arrest and pretrial detention are associated with negative collateral consequences, with the consequences of pretrial detention being particularly substantial. Given that many of the negative outcomes identified here – such as unemployment and homelessness – are potentially criminogenic, designing effective strategies to mitigate these harms is crucial.
Keywords: pretrial detention, collateral consequences, phone interviews, pretrial, release, bail
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