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Litigation as an Instrument for Change in Juvenile Detention: A Case Study

NCJ Number
140439
Journal
Crime & Delinquency Volume: 39 Issue: 1 Dated: special issue (January 1993) Pages: 49-67
Author(s)
M J Dale; C Sanniti
Date Published
1993
Length
19 pages
Annotation
This case study shows that although litigation is an expensive and contentious means to solve the twin problems of overcrowding and dangerous conditions in juvenile detention centers, it is possible to use lawsuits as effective change agents.
Abstract
The case study involves the Broward County (Florida) Regional Juvenile Detention Center. A class action civil rights lawsuit was brought against the Center to correct "cruel, abusive, inadequate, and inappropriate conditions of confinement" that violated rights guaranteed to children by the due process clause of the fourteenth amendment. The settlement addressed both overcrowding and quality of life for juvenile inmates, as well as specific changes necessary at the,Center. It was determined that willingness to mediate a settlement and develop a common approach to problems produced greater change than that possible through trial or court-imposed injunctions. The cooperative approach obligated litigants to engage a consortium to attack institutional conditions and develop a continuum of alternatives. This approach also required sensible population control, resulting in decreased costs and a guarantee that children charged with serious and repeat offenses remained in secure detention. 21 references, 6 notes, 3 tables, and 3 figures