27, supra. 691 (SDNY 1981). Syllabus. . When the defendants in a plaintiff class action challenge on appeal neither the certification of the class, see ante at 467 U. S. 261, n. 10, nor the plaintiffs' depiction of the character of the class, we ought to analyze the case as it comes to us, and not try to construct a new version of the facts on the basis of an independent and selective review of the record. [Footnote 9] Probable cause was. 467 U.S. 253. But even if these practical difficulties could be surmounted, the majority's proposal would be inadequate. See id. 82-1278, pp. The dispositional hearing is the final and most important proceeding in the Family Court. Section 320.5(3)(b) of the New York Family Court Act au-thorizes pretrial detention of an accused juvenile delinquent based on a finding that there is a "serious risk" that the child "may before the return date commit an act which if com- Argued Jan. 17, 1984. INTRODUCTION The constitutional domestication' of the juvenile justice system in America began with the philosophically sweeping 1967 decision in In re Gault,2 granting minors charged with committing criminal of- fenses the protection of the due process clause of the fourteenth amendment.' § 37-1-114 (1984); Tex.Fam.Code Ann. See ante at 467 U. S. 269. The majority cites one case in which a detainee did obtain his release by securing a writ of habeas corpus. Id. Nos. The evidence supportive of this finding is overwhelming. No. Most juveniles detained pursuant to the provision are not. § 307.3(4). For example, as the Court of Appeals itself admits, 689 F.2d at 369, n. 18, the statistical study on which it relied mingles indiscriminately detentions under § 320.5(3)(b) with detentions under § 320.5(3)(a). Id. at 285; Testimony of Mr. Benjamin, id. 467 U. S. 274-281. Found that all procedures were The conditions of confinement also appear to reflect the regulatory purposes relied upon by the State. it is almost 2 pages long. This Court's declaration that § 320.5(3)(b) is not unconstitutional on its face would almost certainly preclude a finding that detention of a juvenile pursuant to the statute violated any clearly established constitutional rights; in the absence of such a finding, all state officials would be immune from liability in damages, see Harlow v. Fitzgerald, 457 U. S. 800 (1982). Juvenile Law Center, founded in 1975, is the first non-profit, public interest law firm for children in the United States.. Juvenile Law Center advocates for rights, dignity, equity and opportunity for youth in the child welfare and justice systems. 2(2). Every Court of Appeals considering the question has rejected that claim. On the basis of the information derived from the interview and from an examination of the juvenile's record, the probation officer decides whether the case should be disposed of informally ("adjusted") or whether it should be referred to the Family Court. at 698-699. [Footnote 29]. In contrast to the breadth of the coverage of the Family Court Act, the District of Columbia adult preventive detention statute that was upheld in United States v. Edwards, 430 A.2d 1321 (D.C.1981), cert. By contrast, under the District of Columbia statute, see 467 U.S. 253fn2/21|>n. Ante at 467 U. S. 278-279 (footnote and citation omitted). Schall dealt with a due process challenge to section 320.5(3)(b) of New York's Family Court Act." Ibid. Essay by natellaizbaku, University, Bachelor's, A+, April 2004 . The phrase "legitimate governmental objective" appears at several points in the opinion of the Court in Bell v. Wolfish, 441 U. S. 520 (1979), e.g., id. Again, therefore, we have no occasion to reach the question. Oral Argument - January 17, 1984. See People ex rel. § 320.4(1). Second, it fosters arbitrariness and inequality in a decisionmaking process that impinges upon fundamental rights. The District Court made detailed findings, which the Court of Appeals left undisturbed, regarding the manner in which § 320.5(3)(b) is applied in practice. "[N]either the Fourteenth Amendment nor the Bill of Rights is for adults alone." at 713. If the juvenile is detained upon arrest, this hearing must be held on the next court day or within 72 hours, whichever comes first. First, it creates an excessive risk that juveniles will be detained "erroneously" -- i.e., under circumstances in which no public interest would be served by their incarceration. No. The Court of Appeals, of course, did conclude that the underlying purpose of § 320.5(3)(b) is punitive, rather than regulatory. Some amici contend that a preventive detention statute that, unlike § 320.5(3)(b), covered only specific categories of juveniles and embodied stringent procedural safeguards would result in incarceration only of juveniles very likely to commit crimes of violence in the near future. The welfare of only a minority of the detainees is even arguably enhanced. Decided June 4, 1984. 298. Appellants and the majority contend that § 320.5(3)(b) advances a pair of intertwined government objectives: "protecting the community from crime," ante at 467 U. S. 264, and "protecting a juvenile from the consequences of his criminal activity," ante at 467 U. S. 266. . 689 F.2d at 369, n.19. 254-267. In People ex rel. 265 (testimony of Judge Quinones). I am remand[ing] the respondent to the Commissioner of Juvenile Justice, secure detention.". 82-1248, 82-1278. On the basis of this interview, the probation officer may attempt to "adjust," or informally resolve, the case. Thus, if the only purpose substantially advanced by § 320.5(3)(b) is punishment, the provision must be struck down. Brief for Appellees 93. If the juvenile is charged with a lesser offense, then the factfinding hearing must be held not more than three days after the initial appearance. Decided June 4, 1984. If the child chooses to remain silent, he is assumed to deny the charges. 82-1248, 82-1278. By Lewis F. Powell, Jr., Published on 10/01/83. § 19-2-102 (Supp.1983); Conn.Gen.Stat. It is worth adding that the Court of Appeals for the Second Circuit was mistaken in its conclusion that, "[i]ndividual litigation . See id. jurisprudence in light of Scholl, see Rosenberg, Schall v. Martin: A Child is a Child is a Child, 12 Am. The court ordered that "all class members in custody pursuant to Family Court Act Section [320. Argued Jan. 17, 1984. at 428 U. S. 279 (WHITE, J., concurring in judgment). The majority contends that, of the many factors we have considered in trying to determine whether a particular sanction constitutes "punishment," see Kennedy v. Mendoza-Martinez, 372 U. S. 144, 372 U. S. 168-169 (1963), the most useful are, "whether an alternative purpose to which [the sanction] may, rationally be connected is assignable for it, and whether it appears excessive in relation to the alternative purpose assigned,". In the typical case, the judge appoints counsel for the juvenile at the time his case is called. The alleged purpose of the detention -- to protect society from the juvenile's criminal conduct -- is indistinguishable from the purpose of post-trial detention. [Footnote 17] And the. 689 F.2d at 377. [Footnote 21] But even assuming it to be the case that "by far the greater number of juveniles incarcerated under [§ 320.5(3)(b)] will never be confined as a consequence of a disposition imposed after an adjudication of delinquency," 689 F.2d at 371-372, we find that to be an insufficient ground for upsetting the widely shared legislative judgment that preventive detention serves an important and legitimate function in the juvenile justice system. See Bell v. Wolfish, 441 U. S. 520, 441 U. S. 534, n. 15 (1979); Kennedy v. Mendoza-Martinez, 372 U. S. 144, 372 U. S. 168-169 (1963). See supra at 467 U. S. 297-298. In addition, there was testimony concerning juvenile proceedings from a number of witnesses, including a legal aid attorney specializing in juvenile cases, a probation supervisor, a child psychologist, and a Family Court Judge. The New York Court of Appeals, in upholding the statute at issue here, stressed at some length "the desirability of protecting the juvenile from his own folly." against him, he is entitled to a probable cause hearing to be held not more than three days after the conclusion of the initial appearance or four days after the filing of the petition, whichever is sooner. These three class representatives sought a declaratory judgment that § 320.5(3)(b) violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment. at 149-150. . The procedural protections noted above are thus, in their view, unavailing, because the ultimate decision is intrinsically arbitrary and uncontrolled. Schall v. Martin. No. We conclude that preventive detention under the FCA serves a legitimate state. Statement of the Facts: This case is the consolidation of several cases from Pennsylvania and North Carolina. [Footnote 2/31] Second, § 320.5(3)(b) does not specify how likely it must be that a juvenile will commit a crime before his trial to warrant his detention. De Veau v. Braisted, 363 U. S. 144, 363 U. S. 155 (1960). When making any detention decision, the Family Court judge is specifically directed to consider the needs and best interests of the juvenile as well as the need for the protection of the community. A fortiori, the court concluded, a Family Court judge cannot make a reliable prediction based on the limited information available to him at the initial appearance. REHNQUIST, J., delivered the opinion of the Court, in which BURGER, C.J., and WHITE, BLACKMUN, POWELL, and O'CONNOR, JJ., joined. at 405 U. S. 170. 82-1248 Argued: January 17, 1984 Decided: June 4, 1984 [ Footnote * ] Together with No. 467 U.S. 253 (1984) Case number. Schall v. Martin Schall v. Martin 467 U.S. 253 (1984) United States Constitution. N.Y.Penal Law §§ 10.00(18), 30.00(2) (McKinney Supp.1983-1984). See In re Gault, supra, at 387 U. S. 27. A police officer arrested the Defendant at his home and took him onto a public highway. Judge Newman concurred separately. Cf. But appellees claim, and the District Court agreed, that it is virtually impossible to predict future criminal conduct with any degree of accuracy. the supervision and control of an adult who has one's best interests at heart. Appellants argue, however, that there was no occasion to contest their representativeness, because the case histories were not even offered by appellees as a representative sample, and were not evaluated by appellees' expert statistician or the District Court in that light. Held that Gregory Martin’s right of Due process was not violated at any time. Applying the principle that the strength of the state interest needed to legitimate a statute depends upon the degree to which the statute encroaches upon fundamental rights, see Williams v. Illinois, 399 U. S. 235, 399 U. S. 259-260, 262-263 (1970) (Harlan, J., concurring in result), it might be held that an important -- but not quite "compelling" -- objective is necessary to sustain § 320.5(3)(b). See supra at 467 U. S. 297-298, and n. 25. All of the 34 juveniles in the sample were detained in Spofford Juvenile Center, the detention facility for New York City. at 695-700. Brief Fact Summary. Ibid. § 32-1-24 (1981); N.Y.FCA § 320.5(3) (McKinney 1983); N.C.Gen.Stat. He was 14 years old at the time and, therefore, came within the jurisdiction of New York's Family Court. As in the earlier proceedings, the juvenile has a right to counsel at this hearing. Decided June 4, 1984. Martin had possession of the gun when he was arrested. Both courts below made this inference. Cf. 269-270. [Footnote 2/25] Only in occasional cases does incarceration of a juvenile pending his trial serve to prevent a crime of violence, and thereby significantly promote the public interest. FCA § 305.2(3). 82-1278, Abrams, Attorney General of New York v.Martin et al., also on appeal from the same court. Jurek v. Texas, 428 U. S. 262, 428 U. S. 274 (1976) (opinion of Stewart, POWELL, and STEVENS, JJ. at 705. Id. [Footnote 2/27] Nor could an individual detainee avoid the problem of mootness by filing a suit for damages or for injunctive relief. A police officer arrested the Defendant at his home and took him onto a public highway. New Jersey V. T.L.O. Lehman v. Lycoming County Children's Services, 458 U. S. 502, 458 U. S. 510-511 (1982); In re Gault, supra, at 387 U. S. 17. Preventive detention, in any form, had never been upheld by the nation's highest Court. The nonhearsay allegations in the delinquency petition and supporting depositions must establish probable cause to, believe the juvenile committed the offense. 693 (1974); Schlesinger, The Prediction of Dangerousness in Juveniles: A Replication, 24 Crime & Delinquency 40, 47 (1978); Steadman & Cocozza, Psychiatry, Dangerousness and the Repetitively Violent Offender, 69 J.Crim. A representative from the presentment agency appears in support of the petition. [and] the statute places no limits on the type of crimes that the judge believes the detained juvenile might commit if released.". . 467 U. S. 264-274. The Defendant was convicted thereafter for being drunk on a public highway, and he appeals. § 305.2(4)(c). It could be argued that, even though such a statute would unavoidably result in detention of some juveniles who would not have committed any offenses if released (because of the impossibility of reliably predicting the behavior of individual persons, see supra at 467 U. S. 293-294), the gains consequent upon the detention of the large proportion who would have committed crimes would be sufficient to justify the injuries to the other detainees. The provision applies to all juveniles, regardless of their prior records or the severity of the offenses of which they are accused. Our cases indicate, however, that, from a legal point of view, there is nothing inherently unattainable about a prediction of future criminal conduct. The alternative purpose assigned by the State to § 320.5(3)(b) is the prevention of crime by the detained juveniles. [Footnote 2/5] Id. But the discretion to delimit the categories of crimes justifying detention, like the discretion to define criminal offenses and prescribe punishments, resides wholly with the state legislatures. The process in which a juvenile referral is received and a decision is made to file a petition in juvenile court to release the juvenile, to place the juvenile under supervision, or to refer the juvenile elsewhere is called: Nor is the complainant likely to appear. Especially in view of the impracticability of correcting erroneous decisions through judicial review, see supra at 467 U. S. 298-300, the absence of meaningful procedural safeguards in the provision renders it invalid. That court is charged not with finding guilt and affixing punishment, In re Bogart, 45 Misc.2d 1075, 259 N.Y.S.2d 351 (1963), but rather with determining and pursuing the needs and best interests of the child insofar as those are consistent with the need for the protection of the community. Powell,, Lewis F. Jr., "Schall v. Martin" (1983). at 93. Pp. Preventive detention after Schall v. Martin. Page 253. The majority refuses to consider the circumstances of these 34 cases, dismissing them as unrepresentative, ante at 467 U. S. 272, n. 21, and focuses instead on the lurid facts associated with the cases of the three named appellees. Juvenile proceedings are, thus, civil rather than criminal, although because of the restrictions that may be placed on a juvenile adjudged delinquent, some of the same protections afforded accused adult criminals are also applicable in this context. Compare INS v. Delgado, 466 U. S. 210, 466 U. S. 217, n. 4 (1984), with Los Angeles v. Lyons, 461 U. S. 95, 461 U. S. 105-106 (1983). at 420 U. S. 123. The boy was kept overnight and brought to juvenile court in the morning for his initial appearance. Under § 3575(f), a "dangerous" offender is defined as an individual for whom, "a period of confinement longer than that provided for such [underlying] felony is required for the protection of the public from further criminal conduct by the defendant.". See Testimony of Mr. Kelly, id. Sign up to get breaking news from Juvenile Law Center. Sixteen of the thirty-four cases in the sample fit this pattern. Evidence may be suppressed on the same grounds as in criminal cases, FCA § 330.2, and proof of guilt, based on the record evidence, must be beyond a reasonable doubt, § 342.2. The provision authorizes the detention of persons arrested for trivial offenses [Footnote 2/21] and persons without any prior contacts with juvenile court. And most importantly, despite the fact that the District Court relied heavily on the sample when assessing the manner in which the statute is applied, see 513 F. Supp. Id. Cf. The curtailment of liberty consequent upon detention of a juvenile, the majority contends, is mitigated by the fact that "juveniles, unlike adults, are always in some form of custody." These post-detention procedures provide a sufficient mechanism for correcting on a case-by-case basis any erroneous detentions ordered under § 320.5(3). Martin, 467 U. S. 253, 255, 269 (1984); United States v. Salerno , 481 U. S. 739 , 741, 746–747 (1987). See Mathews v. Eldridge, 424 U. S. 319, 424 U. S. 335 (1976); Gerstein v. Pugh, 420 U. S. 103, 420 U. S. 114 (1975). People ex rel. § 325.2. Bell v. Wolfish, 441 U.S. at 441 U. S. 538. [Footnote 20] In the latter case, since the times for the probable cause hearing and the factfinding hearing coincide, the two hearings are merged. Wayburn v. Schupf, 39 N.Y.2d 682, 686-687, 350 N.E.2d 906, 907-908 (1976). Possible alternatives include a conditional discharge; probation for up to two years; nonsecure placement with, perhaps, a relative or the Division for Youth; transfer to the Commissioner of Mental Health; or secure placement. "A court must decide whether the disability is imposed for the purpose of punishment or whether it is but an incident of some other legitimate governmental purpose. Juvenile Law Center filed an amicus brief arguing that preventive detention can never justify incarceration of a person who has not been adjudicated guilty of a crime, at least in the absence of a determination that probable cause exists. [Footnote 2/13], In short, fairly viewed, pretrial detention of a juvenile pursuant to § 320.5(3)(b) gives rise to injuries comparable to those associated with imprisonment of an adult. Both sides may call and cross-examine witnesses and recommend specific dispositional alternatives. On the basis of evidence adduced at trial, supplemented by a thorough review of the secondary literature, see 513 F. Supp. Since punishment imposed without a prior adjudication of guilt is per se illegitimate, the Court of Appeals concluded that no juveniles could be held pursuant to § 320.5(3)(b). Ibid. For example, Judge Quinones and even appellants' counsel acknowledged that one of the reasons juveniles detained pursuant to § 320.5(3)(b) usually are released after the determination of their guilt is that the judge decides that their pretrial detention constitutes sufficient punishment. § 46b-131 (Supp.1984); Del.Fam.Ct.Rule 60 (1981); D.C.Code § 16-2310 (1981); Fla.Stat. See 689 F.2d at 372; 513 F. Supp. FCA. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. overview of the schall opinion 645 iii. 82-1248. [Footnote 2/18] To state the case more precisely, two circumstances in combination render § 320.5(3)(b) invalid in toto: in the large majority of cases in which the provision is invoked, its asserted objectives are either not advanced at all or are only minimally promoted; and, as the provision is written and administered by the state courts, the cases in which its asserted ends are significantly advanced cannot practicably be distinguished from the cases in which they are not. In sum, notice, a hearing, and a statement of facts and reasons are given prior to any detention under § 320.5(3)(b). 1975 and Supp.1984 ) ; Ennis & Litwack, Psychiatry and the of... -- counsel, confrontation, cross-examination, and compulsory process for witnesses. deciding constitutional! Sample fell into this category Appeals concluded, People E rel of themselves and... With a copy of the constitutional questions presented by these cases one present with knowledge. 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