Juvenile Preventive Detention Law Upheld

Scott, Elizabeth S., Developments in Mental Health Law

The United States Supreme Court recently upheld a New York statute which authorizes Family Court judges to order into detention juveniles accused of crimes where there is a "serious risk" that the youth may commit another crime before the adjudicatory hearing. The case, Schall v. Martin, (1) is a landmark decision because it is the first time the Court has given approval to a law which allows a judge to order pre-trial incarceration of an individual on the basis of a prediction of future dangerousness. All states permit courts to hold defendants without bail prior to trial for the purpose of assuring the presence at trial of those defendants who may otherwise be unlikely to appear. …

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Publication information: Article title: Juvenile Preventive Detention Law Upheld. Contributors: Scott, Elizabeth S. - Author. Magazine title: Developments in Mental Health Law. Volume: 4. Issue: 1-2 Publication date: January-June 1984. Page number: 6. © 2009 Institute of Law, Psychiatry & Public Policy. COPYRIGHT 1984 Gale Group.

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