NCJ Number
70710
Date Published
1980
Length
5 pages
Annotation
Rights to bail in the juvenile justice system are discussed, accompanied by a survey on statutory provisions on bail for juveniles in the 50 States.
Abstract
Following a brief summary of Supreme Court decisions which have afforded juveniles some of the procedural rights of adult criminal proceedings, the report examines how States have treated bail in juvenile cases. Most State courts have decided that without a specific statute, juveniles are not entitled to bail. In practice, young people have been released into custody of parents or guardians under special provisions for juveniles. However, due to the trend toward treating juvenile offenders who have committed serious crimes like adults, States may wish to reevaluate their bail statutes. According to telephone surveys and research on State statutes, 20 States have provided for use of bail in juvenile cases through statutes which guarantee juveniles the same bail rights as adults or give the juvenile court discretionary authority to set bail. The remaining 30 States deny bail to juveniles through an explicit law or by lacking any statute which covers the subject. States permitting bail do not fit any particular pattern, as evidenced in examples from several States. It is more common for a State to give the court discretion to order bail at a detention hearing, than to have a statute guaranteeing juvenile rights to bail. Most States prohibit bail by remaining silent on the issue, and in this situation, courts usually have refused to extend bail to juveniles, contending that delinquency is not a criminal offense. A chart details whether or not States provide for bail for juveniles. References are included within the text.