NCJ Number
103307
Journal
Yale Law Journal Volume: 95 Issue: 1 Dated: (November 1985) Pages: 174-193
Date Published
1985
Length
20 pages
Annotation
The pretrial detention of nondangerous juveniles based on juvenile justice's parens patriae doctrine is a denial of equal protection of the law for juveniles.
Abstract
Juvenile courts often base the pretrial detention of juveniles upon the parens patriae doctrine, which gives the state the right to act as a parent for juveniles without parental supervision, under the assumption that minors are always incompetent without strict parental supervision and that this supposed incompetence diminishes minors' interest in freedom from state restraint. Although the state acting as parent does have some discretion to interfere with some of a juvenile's liberty interests, a minor should retain the right to freedom from state institutional restraint on any grounds other than community protection. This is the same standard as is applied to adults subject to pretrial detention. Equal protection of the law requires that age not be the sole factor in the pretrial detention of an accused person. Specific criteria should limit the state's power to detain unconvicted persons based on community protection principles. Juveniles without parental supervision should be placed in nonsecure care arrangements in accord with those legal procedures that govern the state's assumption of custody of any child. 73 footnotes.