Civil Rights and Discrimination Commons^™

Children Behind Bars: A Path To Reducing Pre-Adjudicative Detention In The Juvenile Justice System, Rebecca Stark

Journal of Civil Rights and Economic Development

(Excerpt)

In 2019, nearly 16,000 young people referred to the juvenile justice system were detained in juvenile facilities. Nearly 10,000 of them had not yet been found to have committed a crime. When it comes to youthful offenders, one might assume that courts would be inclined to exhibit leniency and favor pretrial release. In reality, judges detain youth pretrial in over a quarter of delinquency cases.

Pretrial detention does not affect all youth at an equal rate: juvenile court judges consistently detain older youths more often than younger youths, more boys than girls, and far more children of color. In …

Detention By Any Other Name, Sandra G. Mayson

Scholarly Works

An unaffordable bail requirement has precisely the same effect as an order of pretrial detention: the accused person is jailed pending trial. It follows as a logical matter that an order requiring an unaffordable bail bond as a condition of release should be subject to the same substantive and procedural protections as an order denying bail altogether. Yet this has not been the practice.

This Article lays out the logical and legal case for the proposition that an order that functionally imposes detention must be treated as an order of detention. It addresses counterarguments and complexities, including both empirical and …

Schall V. Martin, Lewis F. Powell, Jr.

Supreme Court Case Files

No abstract provided.