U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Preventive Detention and Pretrial Custody in the Juvenile Court

NCJ Number
106423
Journal
Journal of Criminal Justice Volume: 15 Issue: 3 Dated: (1987) Pages: 185-200
Author(s)
B R McCarthy
Date Published
1987
Length
16 pages
Annotation
The present study examines the purposes of pretrial detention (which may be used to protect the juvenile) and preventive detention (which may be used to protect the community) detention and how these distinct objectives affect other decisions in the juvenile justice process.
Abstract
In this study of 649 delinquents, 109 persons were detained. 79 in preventive detention. A comparison of the personal characteristics, criminal behavior, and subsequent judicial processing of these juveniles with those other detainees and nondetainees suggested that youth detained to protect the community are more dangerous than other offenders and receive more restrictive dispositions than other detainees and nondetainees. A minority of youths in preventive detention are nonserious offenders who seem to pose little threat to the community. Juveniles detained for their own benefit include both serious and nonserious offenders, but few of this group of youths ultimately receive restrictive dispositions. The use of preventive detention seems to create a limited but self-fulfilling prophecy, for these youths are judged on their present conduct and predicted future behavior. Preventive detention appears to attach the stigma of guilt but not the stigma of future dangerousness. 5 tables, 3 notes, 1 case note, and 24 references. Detention criteria appended. (Author abstract modified)