What's Love Got to Do with Pretrial? Everything — and Not the Way You Think
Tina Turner and the Courage to Say Yes to Love
I gave a keynote at NAPSA last year — Leading from the Emerging Future of Pretrial — so I felt both honored and challenged when the program committee asked me to build on it with another plenary this year.
My new title — Leadership, Love, and Implementation Science in Pretrial — picks up where we left off, but it adds two notions that seem, on their face, paradoxical, unrelated, or even contradictory: Love and Implementation Science.
When I think about a life of courage, love, and getting things done, Tina Turner comes to mind. Her gutsy comeback at the age of 44, after surviving abuse, arrived with her hit What’s Love Got to Do with It.
Her voice resonates within us, ‘isn’t love just a secondhand emotion, and who needs a heart when a heart can be broken?’ Yet in the song she lets herself be drawn into the scary undertow of life, the tug of love she experiences that is pulling her forward. Loving and living fully are fearful, yet she says yes to life anyway.
What Does Love Have to Do with Pretrial?
You may be asking what love has to do with leadership and maximizing pretrial release, court appearance, and public safety.
It’s a fair question. Some skepticism is well earned in a field that deals directly with the horrible consequences of crime, seeks justice, and runs on law, evidence, risk, and data. We work hard to be rigorous, fair, and effective.
In contrast, love can sound soft, sentimental, and out of place — a nice feeling but secondary to the real work, precisely the kind of thing you keep out of serious professional decisions.
But what is love?
Perhaps it’s best to start with our own concrete experience — recall and allow yourself to re-experience when you ‘fell in love’ for the first time, the birth of your child, or the love you have for a parent, a friend, nature, or a country.
These are not fleeting feelings, they are enduring states of being and indicators of value that create a context, and give us the motivation and strength to face life’s challenges.
We Are Loved Into Being
When our daughter was born, it was love at first sight. Then came the fears, the tensions, the hard work, and the need for help from others.
Leaving the hospital carrying her in the baby carrier was joyful — and terrifying.
Can we do this? How can we do this? Who can help us?
Twenty-five years later, new challenges keep emerging, but these only strengthen and deepen our love.
As best they can, parents create a context in which their children can grow and flourish. As newborns we have no language or understanding of what the world is, and no ability to function in it. What babies and young children can do, with incredible capacity, is receive and instantly respond to the love of their parents and wider family. We are, quite literally, loved into being.
Love Creates the Conditions for Flourishing
A loving context creates a sense of safety which unleashes our inner unrestricted and infinite desire to question, understand, know, value, choose, act, love in return, and flourish.
Love is not self-protective. It is self-giving, risky, tremendously difficult to achieve and even harder to sustain.
Of course, none of us are loved perfectly and we live in a deeply imperfect world.
The absence of love is always wounding — it introduces elements of illegitimate coercion and leaves us anxious, constricted, fearful, self-protective, and insecure.
The mixture of loving and the non-loving is real; it gives rise to our potential for good but also to many of the problems which pretrial justice agencies seek to address.
Love as Leadership, Creating a Context Where Everyone Can Flourish
To be present to love we must transcend ourselves in response to that terrifying tug in our lives.
It is not about us; it is about responding to something of value and importance greater than us.
To the extent that we intentionally act in this way, we constitute ourselves and reality, making a unique contribution to the flow of history and the arc of justice.
Leaders, both formal and informal, have an important role. Their job is to create a context in which their agency and fellow staff — and the systems and institutions of justice — can flourish and meet their true ends.
A loving context preserves, carries forward, and goes beyond what is fair or required, allowing this fully human flourishing to take place.
The discipline of doing all the hard work to remain loving while building that context, despite the fears, challenges, and forces that constantly threaten to take us off course into what is non-loving, is what it means to be in love with our work.
The Leaders Who Love and Inspire Us
To me, the luminaries in our field have fallen and stayed in love with pretrial, grounding their extraordinarily intelligent, diligent, painstaking, and value driven work.
I think of Chief Justice Rehnquist who asserted,
“In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception,” (U.S. v. Salerno),
and so many colleagues like Lori Eville, Spurgeon Kennedy, Tim Schnacke, Barb Hankey ...
So, What's Science Got to Do with It?
Everything — and, again, not in the way you think.
Our field has done a remarkable job of naming what legal and evidence-based pretrial practices should look like. The National Institute of Corrections (NIC), the American Bar Association, and NAPSA have painstakingly traced the history of pretrial jurisprudence and practice, to discern and hand us the essential elements, the outcomes, and the shared standards of excellence we hold ourselves to. We know, in broad strokes, what to do.
What most jurisdictions have not yet solved is how to get all the way there, and how to stay there when the training grant ends, the champion retires, or the first hard case hits the news.
Implementation science gives us a reliable, repeatable method for exactly that.
Its six active implementation frameworks help us foster the competency, organization, and leadership drivers that make change stick and evolve.
This includes installing usable practices through defined stages and ongoing coaching rather than one-time trainings as well as running short improvement cycles to self-correct and keep on course.
The scientific method is demanding — it must be applied rigorously and systematically, and it requires new learning — but if leaders establish a loving context within an organization, it becomes possible to collectively implement and sustain these implementation frameworks.
Context conditions our consciousness and the actions we take. It turns out that love and science walk hand in hand.
An Invitation to Reno to Put Love and Science into Practice
I’ve spent more than a decade helping agencies use both love and science, as part of the NIC pretrial faculty and, most recently, as an implementation coach to New Mexico’s remarkable Administrative Office of the Court’s statewide pretrial team that has helped all thirteen judicial districts and thirty-three counties of the state to successfully implement legal and evidence-based pretrial justice programs and outcomes.
As you prepare for Reno, ask yourself: What’s love — and implementation science — got to do with it, with you and your work in pretrial?
Come to the keynote for the fuller story, followed by a two-hour workshop where we will apply these ideas directly to your team, your jurisdiction, and the place you’re most stuck or challenged right now.
Bring your hardest case, the place of discord you would rather not face — that is the point. It is the place where you will meet the tension and the scary tug that is calling you to transcend where you are now and get to where you want to be.
About the Author:

Dr. Tom O’Connor is internationally recognized for his communication, facilitation, and cultural-change skills in the specialty area of criminal justice. A native of Ireland who now holds dual citizenship in the U.S., Tom has earned multiple degrees in law, philosophy, theology and counseling. His PhD thesis focused on Religion and Culture in the U.S. Penal System. Tom currently assists the National Institute of Corrections with the implementation of pretrial reform across the US as a member of its Pretrial faculty. In addition to his best-in-class consulting work, Tom is also a professor of criminal justice at Western Oregon University.
In his role as the Administrator of Religious Services for the Oregon Department of Corrections, Tom led a team of 24 chaplains and over 2,000 volunteers to develop the Oregon model of humanistic, spiritual, and religious prison chaplaincy. He conducted and published research to show that the model reduces recidivism. The model was featured on National Public Radio and in an award-winning film by Martin Doblmeier called Chaplains.
Tom is co-author with Brad Bogue of a new coaching Practice Model that combines five evidence-based practices. Tom’s cutting edge work on facilitating whole system change takes him to many states in the U.S. and to countries including New Zealand, Canada, Australia, England, Ireland, and France. His company, Transforming Corrections, challenges and supports criminal justice agencies to be more compassionate, collaborative, and achieve better outcomes. Transforming Corrections uses the most innovative change strategies to develop improved culture, leaders, teamwork, dialogue, coaching and implementation science skills.









