DUE TO THE ARBITRARY WAY IN WHICH DETENTION IS IMPOSED ON JUVENILES AND THE RANGE OF PURPOSES FOR WHICH IT HAS BEEN USED, STATE COURTS ARE BEGINNING TO MAKE FUNDAMENTAL ATTACKS ON THE CURRENT RULES GOVERNING PREADJUDICATIVE DETENTION. AFTER NOTING THE FUNCTION AND PURPOSE OF BAIL, THE AUTHOR OF THIS COMMENT DETAILS THE WAYS IN WHICH STATES CURRENTLY HANDLE THE PROBLEM OF A RIGHT TO RELEASE OR BAIL FOR JUVENILES. THE THREE MAJOR METHODS ARE: 1) RELIANCE ON THE PRETRIAL RELEASE PROVISIONS OF THE JUVENILE COURT ACTS; 2) MANDATING OF A RIGHT TO RELEASE WITHOUT BAIL; AND 3) ADOPTION OF THE VIEW THAT JUVENILES HAVE A CONSTITUTIONAL RIGHT TO BAIL PENDING ADJUDICATION. THE AUTHOR THEN EXAMINES THE CONCEPT OF A JUVENILE RIGHT TO RELEASE, AND CONCLUDES THAT THE JUSTIFICATIONS FOR DENYING A PREADJUDICATION RIGHT TO RELEASE FOR JUVENILES APPEAR TO BE QUITE WEAK, WHILE VERY STRONG CONSTITUTIONAL ARGUMENTS EXIST IN FAVOR OF SUCH A RIGHT. IN PARTICULAR, HE NOTES THE ARGUMENTS THAT 1) PERSONS, INCLUDING JUVENILES, SHOULD NOT BE PUNISHED PRIOR TO CONVICTION, 2) JUVENILES SHOULD NOT BE DENIED A RIGHT TO PRETRIAL RELEASE WHICH IS GIVEN TO ADULTS, AND 3) JUVENILES SHOULD NOT BE DENIED THE OPPORTUNITY TO BE RELEASED BEFORE TRIAL IN ORDER TO PREPARE AN ADEQUATE DEFENSE. (AUTHOR ABSTRACT MODIFIED)...DMC