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Unjailing of Children (From Juvenile Justice Alternatives, 1982 - See NCJ 83251)

NCJ Number
83252
Journal
Police Chief Volume: 49 Issue: 3 Dated: (March 1982) Pages: 48-52
Author(s)
D A Wood; K Costin
Date Published
1982
Length
5 pages
Annotation
Social and legal arguments against placing juveniles in adult jails are presented, and a policy approach is recommended.
Abstract
The high suicide and recidivism rates among juveniles who have been jailed argue against any claims that this practice holds value for society and the juveniles themselves. Studies indicate that most of the juveniles jailed could be handled through less restrictive alternatives without endangering the public or the juveniles. Judicial decisions have tended to view the jailing of juveniles as violative of their due process rights as well as the constitutional prohibition against cruel and unusual punishment. In spite of the legal and statistical arguments against the jailing of juveniles, the problem is not easily solved. Statutory changes are required in many States. In other States, where laws have been enacted prohibiting the placement of juveniles in jails, the law needs to be upheld. This requires constant vigilance by court personnel, police, and citizens. Police are most often the first contacts juveniles have with the criminal justice system. An arresting officer is a major determinant of the type of charge filed, whether or not a juvenile is detained, and the type of detention facility in which the juvenile is placed. Police departments should review their administrative procedures and revise them when necessary to ensure that juveniles are not subjected to unwarranted detention and jailing. Except in cases where specific and objective detention criteria are met, efforts to avoid the formal processing and detention of juveniles should be supported. (Author summary modified)