DUE PROCESS Schall v Martin 1984 SCOTUS ruled that youth can be held According to NJ Statute in "preventive detention" while N.J.S.A. 2A:4A-34, the decision to place a youth in pending adjudication, in order to detention should be based protect the juvenile and society from on two factors ONLY: the hazards of pretrial crime 1. Are they a danger to themselves or the The US Supreme Court has never ruled on the issue of juvenile bail. States have adopted their own statutes regarding the issue: community? 1. Some guarantee the right to juvenile bail 2. Some give the court discretion as to whether to set bail 2. Are they a "flight risk?" Some deny a juvenile the right to bail