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NCJRS Abstract

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NCJ Number: 158354 Find in a Library
Title: Putting the "Parens" Back Into Parens Patriae: Parental Custody of Juveniles as an Alternative to Pretrial Juvenile Detention
Journal: New England Journal on Criminal and Civil Confinement  Volume:21  Issue:2  Dated:(Summer 1995)  Pages:509-542
Author(s): D A Geller
Date Published: 1995
Page Count: 34
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: The author believes that pretrial juvenile detention is overused by the juvenile justice system and that such overuse may actually create more problems for society than crime itself.
Abstract: Potential problems include increased juvenile crime rates, increased juvenile recidivism, and alienation of youth from societal guidelines. Even so, to supplement the punishment of juvenile offenders, all States have included a pretrial juvenile detention statute in their juvenile justice systems. Generally, these statutes may be invoked to ensure the juvenile's presence at trial, to preserve order in trial proceedings, to protect the juvenile prior to trial, or to protect society prior to trial from the juvenile's predicted dangerousness. The validity and scope of pretrial juvenile detention statutes are analyzed, and arguments against the constitutionality of pretrial juvenile detention are discussed. Guidelines of the American Correctional Association for juvenile detention centers are noted, current conditions of juvenile detention centers are examined, and negative effects of pretrial detention on juveniles are evaluated. The author suggests that courts should reduce the use of pretrial juvenile detention because of its negative effects and that parental or familial custody of juveniles should be the preferred alternative. 233 footnotes
Main Term(s): Juvenile detention
Index Term(s): Alternatives to institutionalization; Constitutional Rights/Civil Liberties; Courts; Juvenile Corrections/Detention; Juvenile justice reform; Juvenile offenders; Juvenile Recidivism; Parens patriae; Pretrial detention; Rights of minors; State juvenile justice systems; State juvenile laws
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