Pre-trial Detention: A Transpartisan Issue

Assistant Professor Stacie St. Louis, who joined SPA's Department of Law, Justice and Criminology this fall, has published "Decreased Bi-Partisan Support for Pretrial Detention in Less Serious Cases: Evidence From an Experimental Survey" in the journal Criminal Justice and Behavior. The piece, co-authored with Associate Professor Nick Petersen of the University of Miami, examines public attitudes towards pretrial detention, finding them both more unified and more nuanced than one might think.

St. Louis, whose earliest research interests surrounded the death penalty, became increasingly interested in the underexamined issue of pre-trial detention after learning more about the controversial cash bail system.

"The death penalty, though an extremely severe punishment, is limited to a small group of people," she explained. "Pre-trial detention, on the other hand, seems much less severe, because it might involve only a few days of incarceration. However, it touches a much larger group of people. Millions of people are booked into jails every single year in the U.S."

The authors surveyed over 1,000 people from the U.S. public using Prolific, an online survey platform, and used randomization to test whether different factors shape opinions. Their results revealed, as hypothesized, that general support for pre-trial detention split along party lines, with political liberals less likely to support the use of pre-trial detention than political conservatives, with moderates in the middle. However, when the survey gauged support for pre-trial detention in specific cases of varying severity, a more complicated--and hopeful--picture emerged.

"When we gauge support for pretrial detention in specific cases that vary in severity, those political differences largely vanish," said St. Louis. "Whether it's violent versus nonviolent, felony versus misdemeanor, or murder versus automobile theft versus drug possession, left- and right-leaning participants reach a broad consensus, indicating less support for pre-trial detention in less severe cases and more support in more severe cases."

St. Louis sees this unity as great news for what scholars term the third generation of bail policy reform, currently underway. Jurisdictions can forward reform proposals, particularly surrounding reducing pre-trial detention usage, without fear of alienating certain voters or groups.

In fact, legislation is beginning to catch up to these attitudes, at all levels of government. For example, Harris County, Texas, in response to a court decision, withdrew cash bail requirements for those held for low-level offenses (misdemeanors). Reforms to pre-trial justice can also occur via voting, ballot measures, prosecutors' offices, or the effects of community-sourced bail funds.

"[In 2017,] New Jersey Governor Chris Christie (R-NJ) enacted a reform that aligns with the essence of this study: he reduced state reliance on pre-trial detention in less severe cases, but maintained it for more severe cases," St. Louis pointed out.

St. Louis plans to continue researching public opinion surrounding pretrial justice, identifying factors that impact public support for ongoing bail reforms. She hypothesizes that pretrial justice is a transpartisan policy, in which those across the political spectrum, despite having differing concerns, arrive at similar policy preferences. Her other projects focus on understanding the impacts of pretrial detention on people detained and their case processing and outcomes.

When asked why she chose to begin her career at SPA, St. Louis shared that the school was always one of her top choices. "My department, in particular, is highly respected in my field, with scholars researching criminal justice, political violence, and law and society," she said. "I'm grateful to be able to work with people who are shaping critical discussions, advancing meaningful reform, and contributing to public dialogue. The school and my department are very interdisciplinary: I think that there's a lot to learn from people with different training and backgrounds, in terms of their methodological approaches, theoretical frameworks, and the populations they study."

"I am thrilled to learn from my colleagues as we navigate the Academy together."