Researchers at SMU’s Dedman School of Law announced Thursday that they will soon partner up with the Child Poverty Action Lab to try and cut down on the amount of time a person spends behind bars before they’re charged with a crime.
That’s because, according to officials, the length of time can have a profound impact on families.
In the state of Texas, and many others, once a person is arrested, the case cannot move forward until a prosecutor decides whether to file charges and what charges to file.
This process can take up to 180 days. Persons arrested can legally be held for half of that time.
Deason Criminal Justice Reform Center Executive Director Pamela Metzger said it’s a tall order for prosecutors.
“One of the very first things they have to do ethically is understand, is there a case here to be prosecuted? They have to look at a case and say, ‘My obligation as a Minister of Justice is to recognize that there is a person who is presumed to be innocent,'” Metzger said. “'And before I can take action to restrain their liberty, or to file charges, I have to be sure that there is a charge here that can be proven.’”
Metzger said they decided to work with Dallas County because of its willingness to adopt change in the name of progress, and because of District Attorney John Creuzot.
“We know that he's very serious about getting the data and seeing what can change,” Metzger said. “And so we got involved because we understood that we had an environment where lawyers were trying to do better, and that's such an important condition for change.”
The reason for the research study is the impact that any stay in jail can have on children of the accused.
Metzger said when a parent is arrested, the entire event can be quite traumatic for their kids.
“What happens is one day, a child is standing there in the carpool line and there's nobody to pick them up. One day a child gets off the bus and the parent isn't home,” Metzger said. “It's devastating. For many kids, what it means is temporary foster care.”
Metzger said researchers have been looking at data for about a year, before they kick off the “victim advocate,” or real-world portion of the research. She said she expects that they will gather data for about a year, then will release their findings to the public shortly after that.
But the research won’t end here, Metzger said.
“With the generous partnership of another Dallas foundation, the Chrest Foundation, we will look at how this changes prosecutor behavior,” she said.
For more information on the study, click here.
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