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The US Pretrial System: Navigating the Balance Between Individual Liberty and Public Safety

Dr. Amanda R. Caldwell , School of Law, University of California, Berkeley, USA

Abstract

The United States pretrial system stands at a critical juncture, tasked with the dual objectives of ensuring defendants' appearance in court and safeguarding public safety. This inherent tension creates a complex landscape where individual rights, such as the presumption of innocence and the right to liberty, often intersect with societal demands for crime prevention and judicial efficiency. This article provides a comprehensive review of the US pretrial system, examining its foundational principles, the profound impacts of pretrial detention, and the persistent challenges of racial and ethnic disparities. It further explores the evolution of bail reform efforts, including the contentious introduction of algorithmic risk assessment tools, and their implications for fairness and equity. By synthesizing empirical evidence and legal analyses, this review highlights the intricate balance required to uphold constitutional protections while addressing legitimate public safety concerns, offering insights into ongoing debates and future directions for systemic improvement.

Keywords

Pretrial System, Bail Reform, Pretrial Detention

References

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Dr. Amanda R. Caldwell. (2025). The US Pretrial System: Navigating the Balance Between Individual Liberty and Public Safety. International Journal of Law And Criminology, 5(06), 1–6. Retrieved from https://theusajournals.com/index.php/ijlc/article/view/5724