In 1987, the Supreme Court held that pretrial detention did not violate due process and is therefore constitutional. However, pretrial detention continues to raise humanitarian and justice concerns while also imposing serious and quantifiable costs on detained individuals, which, in turn, imposes economic and social costs on communities.
An individual’s First Appearance before a court in a criminal case has significant impacts on the defendant’s freedom and the costs that a criminal trial can bear on the defendant’s life, before it even begins. However, many states still begin the trial process without an offer of counsel. But what happens if defendants DO have counsel at First Appearances?
Despite a right to counsel in both Kenya and Tunisia, the default for low- and middle-income individuals who cannot afford to pay for legal representation is no counsel at all. The A2J Lab began a project to study the effects of early access to counsel for misdemeanors in the two countries but was thwarted in January by a federal stop work order. What follows is an update on the project itself and the educational moment it provided.
A typical cycle for someone caught in the U.S. criminal justice system due to poverty-related issues may look something like this: Risky behavior on the individual’s part leading to arrest for a low-level crime such as shoplifting, followed by court-appointed community service. Repeat. An A2J Lab study aims to find out whether a community diversion program offers a better chance of breaking this cycle than community service programs.
Conducting randomized control trials in the law can be a decade-long (or longer) process. Our “Child Welfare” project evaluates whether families with children who face poverty-related legal and social challenges can avoid unnecessary entries into the child welfare system with the assistance of holistic legal services – a combination of social worker services and a traditional attorney-client relationship. The study is five years in the making and still just half-way through completion, but we’re sharing its origin and process anyway.
