Justices Rule Juveniles Can Be Held Longer

The California Supreme Court held Monday that juveniles can be detained for as long as 72 hours without a judicial determination that their arrest was warranted.

The divided court ruled on a case in Los Angeles County, where juveniles arrested without a warrant can be held for 72 hours without a judicial determination that there was probable cause for the arrest.

To protect innocent people who are arrested by overzealous police, the U.S. Supreme Court ruled in 1991 that suspects must be released if their arrest is not reviewed by a judge within 48 hours. But the high court did not specifically say that the protection should be afforded to juveniles as well as adults.

In the California case, Chief Justice Malcolm Lucas, writing the majority opinion, justified the county policy for holding juveniles by noting that youngsters enjoy more protections than adults after their arrest. For example, the law requires immediate release of the child to a parent or guardian unless certain factors exist.

But three of the court’s seven members dissented. Justice Ronald M. George said that a juvenile’s case should be promptly reviewed by a judge because “the consequences of even a relatively brief, wrongful incarceration are likely to be more detrimental and long-lasting to an an innocent, vulnerable child than to an innocent adult.”

But Frederick R. Bennett, assistant Los Angeles County counsel, said it makes sense to treat juveniles differently because the criminal justice system affords them more safeguards than adults.