This paper argues that lower courts have used their discretionary powers provided within legislation and St-Cloud to infuse a predominantly retributive interpretation into the public confidence in the administration of justice ground of pre-trial detention. This is illustrated notably by their choice of and weight afforded to the various aggravating and mitigating factors, the circumstances that relate to the commission of the offence, as well as their analysis of the length of imprisonment. This transfer of sentencing rationales, and to a greater extent, retributivism, into the third ground of pre-trial detention is used, in part, to justify pre-trial detention and can partially explain the rates of pre-trial detention. Finally, the underlying sentencing logic within the bail process can be understood within a sociological perspective, which examines the wider social functions of institutions and suggests that the bail process is an extension of punishment that serves to reinstate social order and public confidence.

中文翻译：

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取保候审过程中的惩罚与报应：审前羁押司法依据的公信力分析

本文认为，下级法院利用立法和 St-Cloud 规定的自由裁量权，将一种主要是报复性的解释注入公众对审前拘留的司法行政的信心。这一点可以从他们对各种加重和减轻处罚因素的选择和重视程度、与犯罪的相关情况以及对监禁期限的分析中得到明显体现。这种将量刑原理以及更大程度的报应主义转移到审前拘留的第三个理由，部分用来证明审前拘留的合理性，并可以部分解释审前拘留的比率。最后，保释过程中潜在的量刑逻辑可以从社会学的角度来理解，