NCJ Number
232175
Date Published
September 2006
Length
14 pages
Annotation
This paper examines the practice and extent of detaining youth without bail prior to arraignment in the State of Massachusetts.
Abstract
Despite its obvious illegality, the statewide practice of detaining children and adolescents prior to arraignment without bail or meaningful review has not been challenged in court in the State of Massachusetts. The impact of these practices is detrimental to the welfare of individuals in the juvenile justice system and communities at large. National studies have shown that arrested youths who are detained are more likely to re-offend than similarly situated youths who are not detained. To fix this widespread systemic problem, it is imperative for juvenile court administrators, probation officers, lawyers, police, and judges to examine the current practices and implement changes. Recommendations offered include: (1) probation officials should promulgate uniform standards for juvenile probation officers charged with assessing an arrested child's likelihood of returning to court; (2) ensuring that all youth detained pre-arraignment are provided access to a bail commissioner; and (3) juvenile court officials should commission a comprehensive study on the effects of pre-arraignment detention on outcomes for detained youth.