How punitive is pretrial? Measuring the relative pains of pretrial detention.

This article examines the experiences of individuals held in pretrial detention compared to those incarcerated postconviction in jails and prisons, using data from the 2011–2012 National Inmate Survey. The study finds that people in pretrial detention report conditions and harms largely indistinguishable from those serving sentences in jail, including similar levels of institutional disorder, victimization, and perceptions of staff legitimacy. Compared to prison inmates, pretrial detainees experience more disorder, higher rates of violence and victimization (notably by staff), and greater access to outside social support but weaker internal social bonds. These findings suggest that pretrial detention functions as a form of punishment despite its stated nonpunitive purpose, raising constitutional and policy concerns about due process and the disproportionate impact on marginalized populations.