Improving Pretrial Justice: The Role of Lawyers and Paralegals

On any given day, approximately three million people around the world are held in pretrial detention. Millions more are unnecessarily arrested and detained by law enforcement agencies annually. Those in pretrial detention are often held in conditions and subject to treatment far worse than that experienced by sentenced prisoners. Pretrial detainees may lose their jobs and homes, contract and spread disease, be asked to pay bribes to secure release or better conditions of detention, and suffer physical and psychological damage that lasts long after their detention ends. Pretrial detention may last for years, with some detainees literally lost in the system. There are many causes for the global over-use of pretrial detention—but there are also some simple, cost-effective solutions.

Early intervention by lawyers and paralegals can have a positive impact on pretrial justice and pretrial detention in particular. Evidence shows that early intervention schemes can reduce the use of pretrial detention, improve the performance of criminal justice personnel, lead to more rational and effective decision-making, and increase accountability and respect for the rule of law.