Document Type

Article

Publication Title

Journal of Criminal Law and Criminology

Abstract

A study was conducted to examine the validity of judicial predictions of dangerousness inherent in preventive detention of juvenile offenders. Data were drawn from juveniles remanded in custody under the preventive detention statute of the New York Family Court Act during 1981 and 1984 and subsequently released within hours of the detention order pursuant to an injunction obtained in a federal district court. It is argued that there are reasonable and constitutional arguments to incapacitate a presumptively innocent individual when it is certain that he or she is dangerous. However, it is demonstrated that whenever a significant number of persons are preventively detained, many individuals will be deprived of their liberty even though they would not have endangered the community. It is concluded that in light of the great cost to defendants in terms of case outcomes and sanctions and the marginal gains to society in crimes averted, preventive detention seems to be unjustified.

First Page

415

DOI

https://doi.org/10.2307/1144032

Volume

86

Publication Date

1996

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