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NCJRS Abstract

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NCJ Number: 118479 Find in a Library
Title: Schall v. Martin, U.S. Supreme Court, 1983
Corporate Author: American Bar Association
United States of America
Date Published: 1983
Page Count: 16
Sponsoring Agency: American Bar Association
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: United States of America
Annotation: The New York Family Court Act permits the detention of any juvenile accused of delinquency when the judge concludes without reference to any established specific criteria that there is a serious risk that the juvenile may commit a crime if released prior to trial.
Abstract: Preventive detention is allowed under this Act without a prompt prior determination of probable cause to believe that the child committed an offense, and without regard to the nature of the charge or the likelihood of incarceration following conviction, and without other substantive and procedural safeguards to restrict such detention to circumstances in which it is necessary to promote legitimate governmental interests. The absence of such safeguards and limitations has resulted in detention which the lower federal courts found to be arbitrary and capricious. The American Bar Association (ABA) argued that the pretrial detention of a juvenile constitutes a serious deprivation of liberty protected by the Fourteenth Amendment. Regarding this case, the Court must balance the private interests affected, the risk of erroneous deprivation of these interests through the procedures used, the probable value of alternative or additional procedures, and the governmental interest, as deemed in Mathews v. Eldridge, 424 U.S. 319, 335 (1976). The ABA filed this amicus curiae brief in support of the Second Circuit Court of Appeals holding the New York procedure unconstitutional.
Main Term(s): Juvenile detention standards
Index Term(s): Juvenile detention decisionmaking; Pretrial detention; Preventive detention
Note: ABA brief
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=118479

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