Citations in Lieu of Arrests

One of the ways in which the deleterious effects of pretrial detention can be avoided is for police to issue a citation in lieu of making an arrest because, in most states, the issuance of a citation preempts the necessity of taking a suspect into custody. Although authorized in many U.S. jurisdictions, the process is underutilized even though it saves time and money, while simultaneously reducing the burdens on both the people accused of violating laws and the justice system itself. This chapter summarizes the law governing the use of citations and the wide-ranging benefits of using them to minimize arrests. This chapter also examines the potential downsides of expanding the use of citations in lieu of arrest and ways to mitigate them. The chapter concludes with public policy recommendations for reforming arrest laws and increasing court appearances by the people to whom citations are issued.