Schall v. Martin

Section 320.5(3)(b) of the New York Family Court Act authorizes pretrial detention of an accused juvenile delinquent based on a finding that there is a “serious risk” that the child “may before the return date commit an act which if committed by an adult would constitute a crime.”1 Appellees brought suit on behalf of a class of all juveniles detained pur*256suant to that provision.2 The District Court struck down §320.5(3)(b) as permitting detention without due process of law and ordered the immediate release of all class members. United States ex tel. Martin v. Strasburg, 513 F. Supp. 691 (SDNY…