NCJ Number
117712
Journal
University of Detroit Law Review Volume: 62 Issue: 1 Dated: (Fall 1984) Pages: 145-160
Date Published
1984
Length
16 pages
Annotation
The first case to reach the U.S. Supreme Court involving the constitutional validity of procedural requirements in preadjudicatory stages of the juvenile process is examined.
Abstract
In Schall v. Martin, the Supreme Court confronted the issue of whether pretrial preventive detention of juveniles is compatible with fundamental fairness required by due process. The Supreme Court considered the issue in two parts, whether pretrial preventive detention under a New York statute serves a legitimate State objective and whether procedural safeguards contained in the New York Family Court Act are adequate to authorize the pretrial detention of juveniles charged with serious offenses. The Supreme Court concluded that pretrial preventive detention of juveniles serves a legitimate regulatory purpose compatible with fundamental fairness. Further, the Supreme Court found that procedures required under the New York Family Court Act are flexible and constitutionally adequate under due process standards. The Supreme Court also determined that available postdetention procedures in New York are adequate to correct any erroneously ordered detentions, on a case by case basis. The author states that the Supreme Court decision reflects the Court's renewed commitment to the parens patriae concept and that the decision disregards warnings about the juvenile court system's practical breakdown in other litigation. The author also believes that the Supreme Court decision is regressive, especially when it compares State custody of a juvenile to parental custody. The impact of the decision may be to legitimize all similar State statutes. 116 references.