Fact Check: "If police decide to take minor to juvenile detention until judge decides on release, they cannot reverse that decision once minor is in detention and the minor must wait for the judge"
What We Know
The claim suggests that once a minor is taken into juvenile detention by police, that decision is irreversible until a judge makes a ruling on their release. However, the legal framework surrounding juvenile detention in Washington, D.C. indicates otherwise. According to the Family Guide to DC Juvenile System, a minor can be released from detention if a judge determines that the conditions for detention are not met or if a motion for release is filed on behalf of the minor. This implies that there is a mechanism for reversing the detention decision.
Furthermore, the District of Columbia Juvenile Case Processing outlines that a judge has the authority to order a youth into secure detention, but this is subject to review. The judge can also decide to release the minor at any point during the process, indicating that detention is not an absolute or irreversible decision.
Analysis
The assertion that police cannot reverse their decision once a minor is in detention lacks support from the legal texts governing juvenile justice in D.C. The sources indicate that while police may initially detain a minor, the judicial system provides checks and balances that allow for the possibility of release. The D.C. Law Library explicitly states that a child in secure detention can be released from custody upon a motion by or on behalf of the child, which directly contradicts the claim.
Moreover, the reliability of the sources used to evaluate this claim is high. The Family Guide and the District of Columbia Juvenile Case Processing documents are official publications from the D.C. courts, which are authoritative on matters of juvenile law. These sources provide clear guidelines on the procedures and rights of minors in detention, reinforcing the idea that detention is not a permanent state without recourse.
Conclusion
Verdict: False
The claim that police cannot reverse their decision once a minor is in juvenile detention is incorrect. The judicial system allows for the possibility of release, and motions can be filed to contest detention. Therefore, the assertion lacks legal support and does not accurately reflect the processes in place within the juvenile justice system in Washington, D.C.
Sources
- Family Guide to DC Juvenile System
- District of Columbia Juvenile Case Processing
- PDF Satisfying Conditions of Pretrial Release When in Juvenile Detention
- Standards Relating to Interim Status - The Release, Control, and ...
- More About Juvenile Matters | District of Columbia Courts
- § 16–2310. Criteria for detaining children. | D.C. Law Library
- PDF Policy and Procedure for Juvenile Detention Emergency Release
- Metropolitan Police Academy