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University of Chicago Law School

Federal Criminal Justice Clinic

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Freedom Denied: How The Culture Of Detention Created A Federal Jailing Crisis, University Of Chicago Law School. Federal Criminal Justice Clinic Jan 2022

Freedom Denied: How The Culture Of Detention Created A Federal Jailing Crisis, University Of Chicago Law School. Federal Criminal Justice Clinic

Federal Criminal Justice Clinic

This Report reveals a fractured and freewheeling federal pretrial detention system that has strayed far from the norm of pretrial liberty. This Report is the first broad national investigation of federal pretrial detention, an often overlooked, yet highly consequential, stage of the federal criminal process. Our Clinic undertook an in-depth study of federal bond practices, in which courtwatchers gathered data from hundreds of pretrial hearings. Based on our empirical courtwatching data and interviews with nearly 50 stake-holders, we conclude that a “culture of detention” pervades the federal courts, with habit and courtroom custom overriding the
written law...” Our Report aims …