Introduction
The correction system provides programs and services for the administration, imprisonment, and rehabilitation of offenders. Essentially, it is designed to ensure public safety by separating law-abiding citizens from criminals. This is achieved by incarcerating the convicted individual in jail or prison. Those found guilty are subject to probation or parole, incarceration, or the death penalty.
However, the number of individuals detained while awaiting trial is growing, while those out on bail are declining. The different consequences faced by these two parties highlight the lack of fairness in the justice system and the need for reform. Pre-trial detention has profound implications for arrested individuals and puts the whole justice system under scrutiny.
Difference Between Jails and Prisons
Jails and prisons are often used interchangeably, but there are different types of correctional facilities. For one, they have different jurisdictions: jails are operated by the city, local district, or county, while state and federal government agencies oversee prison operations (Dholakia, 2023). People found guilty of breaking state and federal laws are sent to state and federal prisons, respectively.
However, some state jails and prisons are privately operated by corporations. Local law enforcement uses jails for temporary detention before transferring suspects to prisons for extended incarceration. In this case, jails are short-term facilities, while prisons are long-term institutions.
Prisons house individuals found guilty of serious crimes, such as murder and other felonies, and can serve sentences of one year or more. For this reason, they are larger, with strict security protocols, and have more staff than jails. Dholakia (2023) explained that jails are for newly arrested individuals, including those awaiting sentencing or trial.
Another key difference is the programs offered in these facilities. Prison services are more robust than those in jails, as they are designed to equip convicts with the skills needed to re-enter society successfully. Depending on the severity and nature of the offense, a person can lose their freedom and spend months or years in jail or prison.
Consequences of Awaiting Trial in Jail or on Bail
Pretrial population, the number of detained people while awaiting trial, is growing. Digard and Swavola (2019) found that it increased by more than 5 times between 1970 and 2015, from 82,992 to 441,790. A significant consequence of pretrial detention is that it can lead to adverse outcomes for people held in jails compared to those out on bail. Digard and Swavola (2019) stated that pretrial detention, even for a few days, can pose challenges regarding court appearances, sentencing, and a person’s future involvement with the criminal justice system. The primary goal of awaiting trial in jail and being out on bail is to ensure that individuals appear for subsequent court proceedings.
However, pre-trial detainees may lose their homes, employment, and educational opportunities, or contract diseases while in jail, which may force them to pay bribes for early release or secure better detention conditions. They may further suffer long-term psychological issues after the detention period, especially when they were innocent of the crimes they were accused of (Comartin et al., 2021).
Moreover, there is an instrumental reason for the poor treatment afforded to this population since law enforcement often uses the pre-trial period to obtain confessions that might result in a conviction. Conversely, those awaiting trial while out on bail are free from such mistreatment. Despite this, the court might set a high bail, and their movement is constantly monitored to ensure they show up for the trial.
Fairness of the Jail System
The consequences of pretrial detention versus bail are profound, raising concerns about the fairness of the jail system. Local law enforcement typically provides minimal support and ongoing care to people in pretrial detention (Digard et al., 2019). Additionally, corruption is rampant during this phase, as it is subject to less scrutiny and greater discretion than at other stages of the justice process.
Consequently, police and prosecutors arrest, detain, and release people depending on whether they can pay bribes. When the innocent are detained because they cannot pay a bribe while the guilty go free, it undermines the credibility of the justice system, weakens the rule of law, and erodes overall governance. Improving jail programs and services that are socially and politically acceptable and can encourage change is essential.
Conclusion
The consequences of pre-trial detention outweigh those awaiting trial while out on bail. However, the criminal justice system is designed to ensure fairness, transparency, and accountability in the services and programs offered. Correctional facilities, including jails and prisons, aim to contribute toward achieving the goals of the justice system.
However, there are significant differences in how they handle offenders, with a particular focus on the inadequacies of jail systems. Detaining individuals in jail while awaiting trial affects them socially and economically, from missed job opportunities to psychological issues. Prisons have strict protocols and robust programs, and the same should apply to jails to maintain fairness, transparency, accountability, and the credibility of the justice system.
References
Comartin, E. B., Milanovic, E., Nelson, V., & Kubiak, S. (2021). Mental health identification practices of jails: The unmet needs of the “silent” population: Special issue: Criminal justice and community psychology: Our values and our work. American Journal of Community Psychology, 67(1-2), 7-20.
Dholakia, N. (2023). U.S. jails and prisons explained. Vera Institute of Justice.
Digard, L., & Swavola, E. (2019). Justice denied: The harmful and lasting effects of pretrial detention. Vera Evidence Brief. New York: Vera Institute of Justice.