The Case Against Jails

Abstract

Jails in the United States hold both pre-trial detainees and persons convicted of less serious crimes. Jails are uniquely inhospitable institutions whose denizens are disproportionately socially marginalized, mentally ill, and struggling with problems of substance abuse. The case against jails consists of two parts: First, we should curtail the use of pre-trial detention. Accused persons who are justifiably detained should not be kept in punishment facilities, since they have not yet been convicted. Second, convicted offenders who are currently housed in jails should be dealt with in other ways. Most are not dangerous and will be returning to civil society in relatively short order. The focus should be on doing less harm to them and addressing their criminogenic needs.