Pretrial Systemic Litigation

The past decade has seen a wave of civil rights litigation targeting various aspects of the pretrial process, including the use of bail schedules, the need to conduct individualized hearings relating to an accused's financial resources, and the underpinnings of the monetary bail system. Arguments have focused upon the due process and equal protection implications of these practices and have met with a significant degree of success, leading to changes in pretrial policies across the country.