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PATERNALISM, PREVENTION, AND PUNISHMENT - PRETRIAL DETENTION OF JUVENILES

NCJ Number
47257
Journal
New York University Law Review Volume: 52 Issue: 5 Dated: (NOVEMBER 1977) Pages: 1064-1092
Author(s)
M GUGGENHEIM
Date Published
1977
Length
29 pages
Annotation
PROPOSED STANDARDS FOR GOVERNING THE PRETRIAL DETENTION OF JUVENILES ARE ANALYZED AND COMPARED TO RULES AND PROCEDURES EXISTING IN MOST JURISDICTIONS.
Abstract
THE DISCUSSION REFERS TO THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JOINT COMMISSION'S STANDARDS ON INTERIM STATUS (THE RELEASE, CONTROL, AND DETENTION OF ACCUSED JUVENILE OFFENDERS BETWEEN ARREST AND DISPOSITION). THE STANDARDS ATTEMPT TO LIMIT PRETRIAL DETENTION TO AN ABSOLUTE MINIMUM AND PROCEED ON THE PREMISE THAT THE DANGERS OF TOO MUCH DETENTION OUTWEIGH THE DANGERS -- BOTH FOR JUVENILES AND FOR SOCIETY -- OF TOO MUCH RELEASE. THE STANDARDS, WHICH COMBINE AND IN SOME INSTANCES GO BEYOND THE FEATURES FOUND IN MORE PROGRESSIVE JUVENILE JUSTICE SYSTEMS, PROVIDE PRECISE GUIDELINES FOR POLICE, JUVENILE INTAKE OFFICIALS, AND JUDGES IN THE EXERCISE OF THEIR DETENTION POWER. THE STANDARDS ESCHEW JUSTIFICATIONS FOR PRETRIAL DETENTION BASED ON QUESTIONABLE NOTIONS OF TREATMENT, ISOLATE THE PURPOSE AND CONDITIONS OF DETENTION FROM THE PURPOSE AND CONDITIONS OF SHELTER, AND REMOVE THE JUVENILE COURT'S BROAD DISCRETION TO DETAIN. IT IS ARGUED, HOWEVER, THAT THE STANDARDS FALL SHORT OF AN IDEAL MODEL CODE IN THAT THEY PERMIT PREVENTIVE DETENTION OF CERTAIN JUVENILES -- A PRACTICE SAID TO BE UNNECESSARY, IMPROPER, AND OUT OF STEP WITH THE JOINT COMMISSION'S. GOALS (LKM)