Graph showing the number of people in jails from 1983 to 2023 by whether or not they have been convicted. Since 1997, all of the net growth in jails has been from the growth in the pretrial (unconvicted) population. As the graph explains, the cause is gradual changes in our pretrial policies to make detention prior to trial more common.

Data Source: See the Data sources & methodology section of the full Whole Pie report. (Graph: Wendy Sawyer & Peter Wagner, 2025)

This graph originally appeared in Mass Incarceration: The Whole Pie 2025.

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