ABSTRACT
Chapter 1, “Introduction,” introduces the issue of pretrial detention, providing an overview of what it is, how many people it affects, and what the consequences are. As this chapter explains, despite an extensive body of research on mass incarceration and the collateral consequences thereof, scholars have paid limited attention to pretrial detention and, as a result, have not sufficiently explored one of the key processes that drives mass incarceration and increases the disproportion impact of the criminal justice system on African Americans. Providing a history of bail and bail reform in the US, this chapter highlights the contradictions between the pretrial incarceration of unconvicted defendants and the US Constitution, particularly as it relates to the presumption of innocence and the prohibition of punishment before conviction.
