Research Reveals Correlation Between Pretrial Detentions, Mental Health, and Recidivism Rates

A growing body of evidence suggests pretrial detention has a significant impact on the mental health of those in jail. Even being detained for a relatively short period can have a significant psychological toll and contribute to various mental health challenges.

Pretrial detention is holding individuals in custody before their court hearings. The primary purpose of pretrial detention is to ensure the accused’s appearance at trial and to prevent potential harm to the community. While it is a precautionary measure taken by the criminal justice system to address flight risks and protect public safety, recent studies have explored the profound impact of pretrial detention on mental health and recidivism.

According to a report by the Open Society Justice Initiative, pre-trial detainees are prone to all sorts of mental problems due to enforced idleness, uncertainty about the outcome of their impending trials, and the heightened risk of torture and abuse. The World Health Organization, in a 2000 report titled Preventing Suicide: A Resource for Prison Officers, says suicide rates among pre-trial detainees are about three times higher than that of convicted prisoners.

A study titled The Difference A Day Makes led by Sandra Susan Smith, utilized in-depth interviews from 258 racially diverse individuals accused of low-level, low-risk offenses to show how just a single day in pretrial detention can have devastating effects on people who are jailed. One of the focal points of the study was the diminished emotional and psychological well-being suffered by those in pretrial detention and how difficult it is for these people to recover mentally.

“Every day detained is a day too many. Pretrial detention should be more than just securing appearances and preserving mental well-being. Individuals should be offered a chance to rebuild, not just wait. Freedom should be redefined with compassion and understanding,” says Pagar Fianza, a bail bond company catering to Hispanic people.

The factors responsible for the mental health issues associated with pretrial detention include:

Stress and Anxiety: Pretrial detainees often experience heightened levels of stress and anxiety. The uncertainty of their legal status and the challenges of navigating the legal system contribute to a pervasive sense of unease.

Depression and Isolation: Extended periods of pretrial detention can lead to feelings of isolation and depression. Separation from family, loss of employment, and the stigma associated with incarceration amplify the mental health toll on individuals.

Impact on Vulnerable Populations: Vulnerable populations, such as those with pre-existing mental health conditions, face exacerbated challenges. Lack of access to appropriate mental health services within detention facilities further compounds their struggles.

There has also been concern about how pretrial detention affects recidivism, and a peer-reviewed study pub­lished in Crime and Delin­quen­cy says pretrial juvenile detention increases recidivism by about 33%. The researchers say that separating young offenders from their families, schools, jobs, and communities when they do not constitute harm to the public comes with lasting consequences.

In the study mentioned, recidivism was characterized as the occurrence of a documented court filing by a prosecutor within one year following a young person’s initial offense. There’s a similar concern that adults may also re-offend due to the economic and social impacts of pre-trial detention.

The dynamics involved in pretrial detention-related recidivism are explained below:

Cycle of Reoffending: Several studies have shown a concerning link between pretrial detentions and higher recidivism rates. It is thought that the disruptive impact of pretrial detention on employment, housing, and social connections can lead to an increased likelihood of re-arrest and reconviction.

Loss of Community Ties: The enforced separation during pretrial detention can disrupt communication, limit access to emotional and practical assistance, and create challenges in maintaining relationships with family, friends, and community. This loss of community bonds diminishes the positive influences that can aid rehabilitation and reintegration.

Inequality Amplification: Pretrial detention disproportionately affects marginalized communities, perpetuating existing inequalities within the criminal justice system. People with disadvantaged backgrounds are at an elevated risk of recidivism, primarily due to the cumulative effects of social and economic disparities.

The intricate web woven by pretrial detention has led to a call for compassionate justice. Ongoing efforts and campaigns advocate a shift towards pretrial alternatives in various regions. These campaigns aim to promote fairer and more effective approaches to criminal justice, emphasizing alternatives to pretrial detention that address public safety concerns and individual rights. Such alternatives include electronic monitoring and community supervision.

There’s also a pressing need for mental health support within detention facilities. Detainees should be granted access to mental health professionals, timely assessments, counseling, and psychiatric interventions. Campaigns for the justice system to prioritize rehabilitation over punitive measures are ongoing.

The post-detention journey requires comprehensive community reintegration programs. Addressing housing, employment, and social reintegration forms a crucial aspect of breaking the recidivism cycle.