Pamela Metzger on Detention Without Due Process
In this episode, Pamela R. Metzger, Director of the Deason Criminal Justice Reform Center and Professor of Law at SMU Dedman School of Law, discusses her article "Criminal (Dis)Appearance," which she co-authored with Janet C. Hoeffel, and which will be published in the George Washington Law Review. Metzger begins by explaining how the police and prosecutors detain people after arrest for long periods of time, without providing any access to a judge, counsel, or due process. She observes that courts, including the Supreme Court, have rationalized this form of protectionless detention, essentially by pretending that it doesn't happen. She argues that legislatures and courts should sharply curtail pre-appearance detention, and points to several mitigating measures courts and others can adopt. Metzger is on Twitter at @ProfPamMetzger.