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NCJ Number: 47257 Find in a Library
Title: PATERNALISM, PREVENTION, AND PUNISHMENT - PRETRIAL DETENTION OF JUVENILES
Journal: NEW YORK UNIVERSITY LAW REVIEW  Volume:52  Issue:5  Dated:(NOVEMBER 1977)  Pages:1064-1092
Author(s): M GUGGENHEIM
Corporate Author: New York University
Law Review
Managing Editor
United States of America
Date Published: 1977
Page Count: 29
Sponsoring Agency: New York University
New York, NY 10012
Format: Article
Language: English
Country: United States of America
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)
Index Term(s): Juvenile detention; Juvenile justice system; Pretrial procedures; Preventive detention; Standards
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47257

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