What is presumption of incarceration?

The presumption of incarceration refers to the legal principle that individuals accused of certain crimes may be detained in custody rather than released on bail, especially if they are deemed a flight risk or a danger to the community. This presumption is often applied in serious offenses, reflecting societal interests in public safety and the integrity of the judicial process. It can lead to longer pre-trial detention periods, raising concerns about the implications for defendants' rights and the presumption of innocence.