This Note addresses constitutional issues relevant to pretrial detention and identifies problematic aspects in the existing juvenile justice system. It examines state and model provisions regarding the detention of youths prior to trial and concentrates on the inclusion of the detention hearing as an element of detention schemes. This Note proposes a model state provision that utilizes the detention hearing to protect the preadjudicatory rights of juveniles and to reduce the risk that detention will be unnecessarily ordered.
Carol Bombardi, Carol Bombardi, Carol Bombardi, and Carol Bombardi,
Juvenile Detention Hearings: A Proposed Model Provision to Limit Discretion During the Preadjudicatory Stage,
12 Fordham Urb. L.J. 285
Available at: http://ir.lawnet.fordham.edu/ulj/vol12/iss2/3