see attachment

General Instructions

A minimum of 2,000 words (total assignment) and five scholarly sources. One source can be the textbook provided in the course.

Case Study: Schall v Martin Citation

467 UA 253 (1984)

This case may be viewed at https://www.oyez.org/cases/1983/82-1248

Facts of the Case:

In 1977, fourteen-year-old Gregory Martin was arrested for first-degree robbery, second- degree assault, and criminal possession of a weapon. While detained, Martin lied to the police about his address. He was held overnight. At his initial appearance in court, the prosecution cited the gun, the lie about his address, and his evident lack of supervision as reasons why he should remain in detention until his fact-finding hearing. The court granted the detention under the New York Family Court Act (FCA). Fellow appellees Luis Rosario and Kenneth Morgan were also detained prior to their fact-finding hearings. Both were fourteen at the time, and had other delinquency petitions pending when they appeared before the court. While held in pretrial detention, Martin began a habeas corpus class action, which Rosario, Morgan, and 31 others joined, against the Commissioner of the New York City Department of Juvenile Justice. Martin argued that the pretrial detention amounted to punishment before a determination of guilt.

The U.S. District Court for the Southern District of New York found that the pretrial detention was a violation of habeas corpus. The U.S. Court of Appeals for the Second Circuit affirmed the District Court’s decision and determined that the FCA was unconstitutional because it allowed detention of juveniles to serve as a punishment before the trial occurred.

1. Since this case was published, there has been widespread endorsement by the criminal justice system to the Juvenile Detention Alternative Initiative (JDAI). Familiarize yourself with this process.

2. Since this case was published, there has been widespread endorsement by the criminal justice system to the Juvenile Detention Alternative Initiative (JDAI). Familiarize yourself with this process.

3. What is your perception? In a similar situation, what would you do?

4. Reference List