Work

Pre-trial detention as a last resort measure? When the last shall be the first

Year: 2025

Type: article

Abstract: This study delves into the profiles of individuals awaiting trial in Portugal, examining their sociodemographic, clinical and criminal backgrounds to elucidate the factors influencing pre-trial detention decisions. Analysing a cohort of 198 individuals (78.3% men), our findings challenge common assumptions, revealing that the majority of pre-trial detainees exhibit a low propensity for violence, often facing non-violent charges. Notably, the study contradicts the prevailing belief about leniency towards women, as female detainees, primarily first-time offenders with non-violent charges, reported lower violence risk, higher levels of familial support and higher rates of employment at the time of detention. Additionally, the research identifies key variables associated with a higher risk of violence among pre-trial detainees, emphasising age, prior convictions and recent remand status. These results underscore the imperative for early interventions tailored to this high-risk group. Overall, this work contributes crucial insights, prompting a reconsideration of pre-trial measures and advocating for more nuanced approaches in cases where less severe alternatives may be warranted.

Source: European Journal of Criminology

DOI: 10.1177/14773708251320250

Authors: Joana Andrade, Rui Abrunhosa Gonçalves, Andreia de Castro Rodrigues

Institutions: University of Minho, ISPA - Instituto Universitário

Language: English

Topic: Criminal Justice and Corrections Analysis

Subfield: Sociology and Political Science

Field: Social Sciences

Domain: Social Sciences

SDGs: Peace, justice, and strong institutions, Gender equality, Good health and well-being, Reduced inequalities

Open Access status: hybrid

Estimated APC paid: $3,650