Guilty Until Proven Innocent: The Abuse of Pretrial Detention in America

Although few principles of law are as widely lauded and universally accepted as the presumption of innocence, this principle is violated daily by a practice that has become standard in our justice system, exceptional only in how unexceptional it seems. Pretrial detention—the practice of holding a defendant in custody before trial while he or she is still entitled to the presumption of innocence—is, in its current status, a clear contradiction of this principle and a staple of the American legal system.