Prosecutor Pretrial Justice Orientation
A curated list of resources for prosecutors.
Introduction
Prosecutors are key partners in achieving pretrial justice. They are responsible for important decisions, including whether and how to charge a person, whether to refer them to a diversion program, and recommendations regarding conditions of release or petitions for detention.
This list of APPR resources is curated to help prosecutors stay current as research and practice evolve, with scholarly articles for further learning. It can orient newly hired prosecutors or assist experienced staff keep up with evidence-based practices.
You can download all the resources below and a Word document of this page by clicking the button above. Add additional resources for your local pretrial system, such as performance measures, and relevant new research as it is published.
APPR Roadmap for Pretrial Advancement
For prosecutors, reading this document might help provide context to parts of your pretrial system you may not have considered before, and suggest areas for deeper learning and exploration.
Key links
- APPR Roadmap for Pretrial Advancement External Link
Bail at the Founding and The Reconstruction of American Bail were published by historians using primary sources. Bipartisan Bail Reform: Three Pillars of Pretrial Justice references various histories written based on secondary sources (see pages 140-163).
Pretrial Legal Foundations
This series covers foundational legal principles and helpful checklists for prosecutors to compare against current practices.
Key links
- Pretrial Release & Detention: Legal Principles External Link
- Meaningful First Appearance Overview & Checklist External Link
- What Is a Pretrial Detention Hearing? External Link
Fundamentals of Bail provided the first complete list of pretrial legal foundations and their relevance to bail (pretrial release) and “no bail” (pretrial detention). Bipartisan Bail Reform: Three Pillars of Pretrial Justice analyzes major changes to the law since Fundamentals’ publication and explains those updates (see pages 135-136 and 163-194).
The Present Crisis in American Bail takes a deeper look into the legal principles of due process and equal protection.
Pretrial Research Summaries
Before requesting pretrial detention or conditions of release, prosecutors should be familiar with evidence-based practices and their impacts on court appearance and community safety. APPR has developed summaries of the current research on some of the most common policies and practices.
Key links
- Court Date Notification Systems External Link
- Pretrial Detention External Link
- Pretrial Drug Testing External Link
- Pretrial Location Monitoring External Link
- Pretrial Monitoring External Link
Pages 226-235 of Bipartisan Bail Reform: Three Pillars of Pretrial Justice contain a comprehensive review of the history of traditional conditions of release (and detention) and current research.
Financial Release Conditions
A growing body of research shows that financial release conditions, often called money bond, don’t improve people’s court appearance or law-abiding behavior. Yet financial release conditions remain the default condition in most jurisdictions. Being familiar with current research is important because the stakes are high. Since financial conditions often result in detention, secured financial conditions should be considered among the more restrictive conditions and a last resort to accomplish release.
Key links
- Financial Conditions of Release External Link
- Pretrial's Money Problem External Link
- What Replaces Money Bond? (YouTube) External Link
This 2014 National Institute of Corrections paper described how financial release conditions essentially meant judges abdicated their decision-making to money itself, making money a stakeholder with influence over jail populations, court dockets, county budgets, and community safety. However, America’s history of bail, pretrial legal foundations, research, and national standards support intentional decisions about pretrial release or detention unobstructed by secured money bond.
Pretrial Language Resources
The Pretrial Glossary can help ensure that system stakeholders share a common understanding of the words and terms used. The APPR Language Guide can help prosecutors adopt person-first, strength-based language, which research shows improves people’s compliance during the pretrial phase.
Key links
- Pretrial Glossary External Link
- APPR Language Guide External Link
Professional Standards
NAPSA Pretrial Standards Revised 2024
The National Association of Pretrial Services Agencies has issued professional standards for the pretrial release and diversion fields since 1978.
Contact APPR
Contact APPR with questions for additional resources or ask the APPR Community for additional resources and ideas to assist with internal education of pretrial system stakeholders.