Abstract

In In re Gault, the United States Supreme Court held that the constitutional requirements of due process apply to the adjudicatory stage of juvenile proceedings; it specifically left open the important issue of the extent of juvenile rights before the adjudication hearing. The process by which authorities determine whether a child charged with a delinquent act should be released to his home or confined in a detention facility is one of the most significant aspects of the preadjudication treatment of juveniles. Since Gault, however, little effort has been directed toward study, change, or innovation in preadjudication detention.

Arizona defines detention as "the temporary care of a child who requires secure custody in physically restricting facilities for the protection of the child or the community pending court disposition." This section of the study will review juvenile detention practices in Arizona. Specifically, the discussion will focus on the statutory guidelines with respect to detention of juveniles, the ways in which these guides are implementated, and the detention facilities themselves. Available statistics are incorporated to assist in this evaluation. Where it seems desirable that the standards governing detention procedures be more fully developed, recommendations to that effect are made.

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