The Dangers of Detention
Sue Burrell, Staff Attorney
Youth Law Center
San Francisco, California
The Dangers of Detention
Have you ever heard these words in a courtroom?
 “We need to put this minor some place where she will
have to go to school.”
 “This minor will be detained so he will have some time
to think about what he did.”
 “The minor’s parents have expressed a desire not to
have him at home.”
 “Any minor who commits (fill in the blank with crime) is not going
to go home in this court.”
The Dangers of Detention
The Truth is:
Detention is
Not Benign
The Dangers of Detention
Characteristics of the Juvenile Justice Population:

Mental retardation: 1.61% of general school age population; 12.6% of juvenile
offenders (Rutherford et al.)

Learning disabilities: 7-12% of general student population; 36% of juvenile offenders

Mental illness: 10% general juvenile population; 50-90% of youth in juvenile justice
(Little Hoover 2001); 42% of youth in detention, 59% of youth in placement; 33% of
youth in field supervision (NCCD 2003)

One-day California detention snapshot: 3,783 open mental health cases; 1331
receiving psychotropic medication (CSA, 4th Quarter 2007)

In 2008, 2,231children under 12 years of age were detained, and 43,581 children 12
to 14 (Juvenile Justice in Calif. 2008, Table 14)

In 2008, the racial/ethnic breakdown for detained youth was White 25.6%; Hispanic
49.7%; Black 18.4%; and Other 6.3% (Juvenile Justice in Calif. 2008, Table 14)
(Rutherford et al.)
The Dangers of Detention
Detention has an impact on defense of the case:
 Detained youth are less able to assist in providing access to
witnesses and other information needed for proper investigation
of the case
 Detained youth are less able to obtain services and demonstrate
good behavior that would help at the time of disposition
 Detained youth are more likely to receive a custodial disposition
The Dangers of Detention
At the Societal Level:
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Detention may increase recidivism
Holding groups of delinquent youth in congregate settings negatively
affect their behavior and increases reoffending
Detention pulls youth deeper into the juvenile and criminal justice
system
Alternatives to detention are more effective in reducing crime and
recidivism
Detention may interfere with the process of “aging out” of delinquency
There is little relationship between detention and over all crime in the
community
Barry Holman and Jason Ziedenberg, The Dangers of Detention, Justice Policy Institute (2006)
The Dangers of Detention
On a Personal Level:
 Detention makes mentally ill youth worse
 Detention puts youth at greater risk of self-harm
 Detained youth has a detrimental impact on education & many
fail to return to school
 Formerly detained youth have reduced success in the labor
market
Barry Holman and Jason Ziedenberg, The Dangers of Detention, Justice Policy Institute (2006)
The Dangers of Detention
What to do instead of detention? For a full array of
options, go to the Annie E. Casey Foundation’s Juvenile
Detention Alternatives Initiative (JDAI) web site:
http://www.aecf.org/Home/MajorInitiatives/JuvenileDetentionAlternativesInitiative.aspx
Find out about risk assessment, administrative
sanctions for probation violations, day or night reporting
centers, family support systems, and dozens of
strategies for reducing unnecessary detention…many
practical suggestions for your detention advocacy.
The Dangers of Detention
The Dangers of Detention
Contact Information:
Sue Burrell, Staff Attorney
Youth Law Center
200 Pine Street, Suite 300
San Francisco, CA 94104
(415) 543-3379; sburrell@ylc.org
www.ylc.org