Professor Shima Baradaran has recently posted two of her latest articles on pretrial detention to SSRN. In Due Process, Predictive Justice & the Presumption of Innocence, Prof. Baradaran examines “how the Due Process Clause provides the constitutional basis for the presumption of innocence and how that presumption secures at least one pretrial right: the right to release on bail, absent serious flight risk.” Predicting Violence, written with Frank McIntyre of the BYU Department of Economics, is an empirical study used “to determine what factors, if any, are relevant in predicting ‘dangerousness’ pretrial and what percentage of defendants can be released safely before trial.”
More of Professor Baradaran’s articles can be found on her SSRN author page.