We thank Josh Bowers, Kellen Funk, Sandra Mayson, John Monahan, Megan Stevenson, Stephen Ware and workshop participants at the University of Virginia and at the Scalia Law School of George Mason University for valuable comments. We thank Christian Fitzgerald, Ariel Hayes, Caitlyn Koch, Molly Mueller, and Louis Tiemann for valuable research assistance. We also thank Paul Prestia for responding to our inquiry on a factual matter. All errors remain our own.
The last several years have seen “a truly astounding” and “unprecedented” outpouring of scholarship and commentary decrying the large number of individuals held in pretrial detention, measuring the negative social consequences of such detention, and debating what to do about it.
