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Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310, Julia Colton-Bell, Robert J. Levant
University of the District of Columbia Law Review
This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford …
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
University of the District of Columbia Law Review
The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
Substituting Secure Detention For Shelter Care: An Illegal Deprivation Of Liberty, Susan M. Johlie
University of the District of Columbia Law Review
Judges sitting on the Superior Court of the District of Columbia routinely order children into secure detention who require no more restrictive confinement than that provided by shelter care. Despite a statutory presumption against detention, and a superior court rule that prohibits substituting secure detention for shelter care,' the District inappropriately places children into secure detention simply because there is a lack of bed space in youth shelter houses. The deprivation of liberty that occurs when a juvenile is placed in secure detention rather than shelter care is required neither for the protection of the community nor for the welfare …
Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland
Juvenile Detention Law In The District Of Columbia: A Practitioner's Guide, Milton Lee, John Copacino, Paul Holland
University of the District of Columbia Law Review
No abstract provided.