NCJ Number
96837
Journal
Children's Legal Rights Journal Volume: 5 Issue: 3 Dated: (Summer 1984) Pages: 10-15
Date Published
1984
Length
6 pages
Annotation
In its decision in Schall V. Martin, the U.S. Supreme Court took a step backward in efforts to ensure equal protection and due process of law to juvenile and adult Americans alike.
Abstract
The Court held that Section 320.5(3)(b) of the New York Family Court Act sanctioning preventive detention for accused delinquents is constitutionally valid. The New York law is patently vague and contains no standards or criteria for the exercise of judicial discretion. An example of 1 of the 32 juveniles who was a party plaintiff in the district court illustrates the factual context. Judge Robert L. Carter of the U.S. District Court, Southern District of New York, held in April 1981 that pretrial detention of juveniles under the challenged New York law violates a juvenile's 14th amendment due process rights. The U.S. Court of Appeals for the Second Circuit affirmed the district court decision. What appears clear from the Supreme Court decision is that insofar as preadjudication due process rights are concerned, a juvenile's liberty interest may be subordinated to the state's legitimate interests, protection of society and the juvenile, provided that fundamental fairness is maintained. The dissent of Justices Marshall, Brennan, and Stevens found no basis to distinguish between the basic liberty interests of juveniles and adults in terms of potential injury, stigmatization, and limitations on freedom. Twenty-seven footnotes are provided.