Gregory Martin was arrested in New York City on December 13 1977, on charges of robbery, assault, and criminal possession of a weapon. He was arrested late(a) at night, at 11:30, and lied about his comprehend. The boy was kept overnight and brought to new-made court in the cockcrow for his initial come out of the closetance. His grandmother accompanied him in court. The judge saw that he a.Had possession of a weapon b.Gave a false address to the police c.Was unexpended unsupervised at night This take on the family court judge to amount to the conclusion that there is a substantial probability that he [Martin] will not appear in court on the return consider or there is a serous risk that he whitethorn before the return date commit an act which if affiliated by an adult would take a shit a crime. Martin was later found to be run-down and was sentenced to 2 years probation. However, during the time Martin was in pretrial postponement, his attorneys filed a kinfolk act ion on behalf of all youths subject to duty routine clasp in New York, charging that this form of detention was violating their due-process rights on a lower floor the Fifth and Fourteenth Amendments. His woo was upheld because, at adjudication, most delinquents atomic number 18 released or placed on probation, not many of past were detained.
So the appellate judge thought it was unfair to lock up them before trial. The prosecution brought the case to the U.S. Supreme Court for furthermost judgment. The U.S. Supreme Court stated that the purpose of the pretrial detention was not for punishment. Since the pr ediction of future behavior was why the in! stitute of a pretrial detention was brought up in the foremost base place. Perhaps, the main goal was protection of both the juvenile and familiarity from pretrial crime. Also some other safeguard prevail, such(prenominal) as, If you trust to get a full essay, order it on our website:
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