Discuss the decision to detain. Explain your views on detention

What will be an ideal response?


• Most youth taken into custody by the police are released to their parents or guardians. Some are held overnight until their parents can be notified of the arrest.
• Police officers normally take a child to a place of detention only after other alternatives have been exhausted. Many juvenile courts in urban areas have staff members, such as intake probation officers, on duty 24 hours a day to screen detention admissions.
• Ordinarily, delinquent youth are detained if the police believe they are inclined to run away while awaiting trial, or if they are likely to commit an offense dangerous to the parent.
• There is evidence that some decision makers are more likely to detain minority youth, especially if they live in dangerous, lower-class areas.
• The use of screening instruments to determine the need for detention has proven useful.
• Generally, youth should not be held in a detention facility or shelter care unit for more than 24 hours without a formal petition (a written request to the court) being filed to extend the detention period.
• To detain a juvenile, there must be clear evidence of probable cause that the child has committed the offense and that he or she will flee if not detained.
• Although the requirements for detention hearings vary, most jurisdictions require that they occur almost immediately after the child's admission to a detention facility and provide the youth with notice and counsel.
• Student responses will vary.

Criminal Justice

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