NCJ Number
104595
Date Published
1987
Length
12 pages
Annotation
As currently used, the pretrial detention of juveniles constitutes punishment prior to assessment of guilt; detention should only be used to ensure a person's presence at trial.
Abstract
It is common practice for jurisdictions to detain juveniles 3-15 days prior to trial and then release them, regardless of the crime alleged. Such detention is imposed without guidelines or procedural safeguards. In Schall v. Martin (1984), the U.S. Supreme Court held such a practice to be constitutional. Such detention has no relationship to community safety, given the low threat of many detained juveniles, and it serves no rehabilitative function. It is strictly punishment prior to assessment of guilt. Neither should detention be used to prevent future misbehavior. Juveniles who are on probation or parole at the time of their arrest should be detained based on a finding of probable cause that they have violated release conditions. Waiver of juveniles to adult court should not be based on predictions of future criminality but rather on the juvenile court's belief that the alleged crime warrants a punishment more severe than the juvenile court can impose. 15 notes and a 'roundtable' discussion of the article.