People ex rel. Wayburn v. Schupf

Fuchsberg, J. (concurring in result).

I do not take issue with the fact that there are aspects of the criminal justice system in relation to which children may be, and are presently, treated differently from adults without any violation of equal protection principles. But the statute before us, I respectfully suggest, violates by its broad sanction of preventive detention basic due process standards applicable to both children and adults (Matter of Winship, 397 US 358; Matter of Gault, 387 US 1). Though the statute specifies that a child may be detained upon a finding that there is a "serious…