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

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.

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Publication Details

Journal
European Journal of Criminology
Published
2025-04-13
DOI
https://doi.org/10.1177/14773708251320250
Primary Topic
Criminal Justice and Corrections Analysis
Type
article
Field-Weighted Citation Impact
0.00

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article

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

Joana Andrade, Andreia de Castro Rodrigues, Rui Abrunhosa Gonçalves
European Journal of Criminology
Criminal Justice and Corrections Analysis
article

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

Joana Andrade, Andreia de Castro Rodrigues, Rui Abrunhosa Gonçalves
article en

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.

European Journal of Criminology
ISPA - Instituto Universitário (PT), University of Minho (PT)
Fundação para a Ciência e a Tecnologia
Openalex Percentile: Top 90%
Criminal Justice and Corrections Analysis
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Pre-trial detention as a last resort measure? When the last shall be the first — Joana Andrade, Andreia de Castro Rodrigues, et al. · European Journal of Criminology (2025) | TGRS Research Map | TGRS