What is the justification for pre-trial detention?

What is the Justification for Pre-Trial Detention? Student’s Name Institution Course # and Name Professor’s Name Submission Date This essay will discuss whether pre-trial detention is justified and examine alternatives that may align with the ideals of equitableness and justice. Pre-trial detention refers to the custody of individuals while awaiting trial. It has been imposed to preserve public safety, defer interference with the proceedings, and reduce the possibility that defendants might flee before their trial date. However, pre-trial detention has caused growing debate amidst questions of fairness and justice. Detaining people before they have been found guilty violates the "presumption of innocence" principle and that it tends to fall disproportionately upon people with low incomes. Also, questions arise regarding whether non-custodial measures could replace detention without affecting court attendance rates. Does Pre-Trial Detention Constitute Punishment Before Guilt? According to Martufi and Peristeridou (2020), one of the most contentious issues surrounding pre-trial detention is whether or not it amounts to punishment before a defendant is found guilty. Most democratic countries have a legal system wherein individuals are presumed innocent until proven guilty. Pre-trial detention somewhat blurs this line since defendants are effectively confined in ways very similar to those of individuals who have been convicted. While detention is not instituted to cause punishment, the punitive effects of detention infringe on a defendant's legal rights and well-being. The proponents of pre-trial detention claim that it is never a punishment but a way to safeguard the public from dangerous defendants and ensure their appearance before the court (Martufi & Peristeridou, 2020). In such a vein, this approach's preventive logic seeks to avoid hazardous situations-e.g., committing another crime by a dangerous defendant- or interfering with a witness or evidence. This, however, can be slightly fallacious in reasoning. Detainees, on most occasions, stay in deplorable states in jammed jails, with health care, legal services, and family visits being minimal. In addition, the psychological aspect of detention has been very high for some time, thus leading to anxiety, depression, or trauma conditions among detainees. All these conditions are similar to punitive incarceration, where the detainee is still technically innocent until proven guilty. In some cases, detained people stay in jail for months or even years due to court delays, enhancing the issue (Martufi & Peristeridou, 2020). The longer the detention time has elapsed, the more it appears similar to punishment and, therefore, raises ethical issues regarding the fairness of the process. Additionally, detention affects the individual and the family in terms of finances and emotions. Whereas it aims to avoid risks, it may mean in real terms that pre-trial detention plays the role of de ...