Bail Reform in Context

Many progressive reforms and initiatives are happening in criminal courts at a time when the imprisonment rate is rising. This chapter locates these developments as part of debates that started in the eighteenth century on whether the criminal justice system should be concerned with punishing rational offenders or assisting those not responsible for their actions. Restorative justice involves defendants being diverted to conferences in which they apologize to victims. Therapeutic jurisprudence gives judicial officers a healing role in conducting legal proceedings. A third movement, pretrial services, is less well known but has even greater potential to transform the criminal justice system. This chapter provides a critical overview, considering costs and benefits.