NCJ Number
50058
Journal
American Journal of Criminal Law Volume: 6 Issue: 2 Dated: (MAY 1978) Pages: 137-165
Date Published
1978
Length
29 pages
Annotation
THE PRETRIAL DETENTION OF JUVENILES IS EXAMINED, WITH ATTENTION TO DETENTION PRACTICES, REFORM MODELS, AND OBSTACLES TO REFORM.
Abstract
THE GOALS AND OBJECTIVES OF PRETRIAL DETENTION -- THE PROTECTION OF THE PUBLIC, CHILD SUPERVISION, AND GUARANTEE OF COURT APPEARANCE -- ARE CONSIDERED ALONG WITH THE USUAL STEPS IN PROCESSING JUVENILE CASES. DECISIONS TO DETAIN ARE DISCUSSED IN TERMS OF TWO MODELS: (1) A POINT SYSTEM, AND (2) AN INCLUSIVE/EXCLUSIVE SYSTEM. THE FIRST RESEMBLES OBJECTIVE POINT SYSTEMS USED IN ADULT DETENTION; THE LATTER CONSISTS OF RECOMMENDED CATEGORIES OF CHILDREN WHO SHOULD OR SHOULD NOT BE DETAINED. REASONS FOR DETAINING JUVENILES ARE DISCUSSED, WITH EMPHASIS ON PREVENTIVE DETENTION, CHILDREN IN NEED OF SUPERVISION, AND RISK OF FLIGHT. PROCEDURAL ASPECTS OF DECISIONS TO DETAIN ARE DISCUSSED, INCLUDING GENERAL PROPOSALS TO SAFEGUARD AGAINST DETENTION ABUSES, SPECIFIC RIGHTS OF JUVENILES (I.E., COUNSEL, PROBABLE CAUSE), AND BAIL. FOLLOWING AN EXAMINATION OF EVALUATION FACTORS RELATING TO THE QUALITY OF DETENTION -- LENGTH OF TIME, SEPARATION OF JUVENILES FROM ADULTS, STAFF AND PROGRAMS, CHILD SUPERVISION -- OBSTACLES TO REFORM ARE HIGHLIGHTED, INCLUDING FINANCIAL CONCERNS AND COMPLACENCY WITH THE STATUS QUO. RELEVANT JUDICIAL DECISIONS AND OTHER REFERENCES ARE FOOTNOTED. (KBL)