• Login
    View Item 
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    •   Home
    • Yale Law School Faculty Scholarship
    • Faculty Scholarship Series
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of openYLSCommunitiesPublication DateAuthorsTitlesSubjectsThis CollectionPublication DateAuthorsTitlesSubjects

    My Account

    LoginRegister

    Statistics

    Display statistics

    Schall v. Martin and the Transformation of Judicial Precedent

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    Schall_v._Martin_and_the_Trans ...
    Size:
    3.222Mb
    Format:
    PDF
    Download
    Author
    Peters, Jean
    
    Metadata
    Show full item record
    URI
    http://hdl.handle.net/20.500.13051/1487
    Abstract
    In the spring of 1984, hopes ran high among advocates for children all over the country that the courts were sounding the deathknell for juvenile preventive detention. Preventive detention, in any form, had never been upheld by the nation's highest Court. A New York federal district court in United States ex rel. Martin v. Strasburg had already struck down the state's juvenile preventive detention statute as violative of due process on its face. The United States Court of Appeals for the Second Circuit subsequently affirmed Strasburg. The district court found that New York family court judges routinely remanded alleged juvenile delinquents to secure detention during an initial arraignment averaging only five to fifteen minutes. These judges, the district court found, detained children based on "intuition and [their] personal predilections, the antithesis of reasoned action." Eighteen years of constitutional jurisprudence, commencing with In re Gault, had construed the Constitution to protect the rights of accused juveniles through stringent procedural safeguards in order to avoid punishment of presumptively innocent persons. Thus, in the spring of 1984, many advocates for children were confident that the Supreme Court would definitively strike down preventive detention as unconstitutional.
    Collections
    Faculty Scholarship Series

    entitlement

     
    DSpace software (copyright © 2002 - 2023)  DuraSpace
    Quick Guide | Contact Us
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.