This Note examines the appropriate evidentiary standard for pretrial detention decisions in Juvenile Court in the District of Columbia. Currently, there is no authority mandating the standard of proof that is to be applied to the pretrial detention of juveniles. To ensure that all juveniles receive the same protections, one evidentiary standard must be applied at all pretrial detention hearings. Based upon adult and juvenile pretrial detention statutes, the case law construing those statutes, and the standard courts employ in adult civil commitment procedures, the appropriate standard is the "clear and convincing evidence" standard of proof. In order to afford juveniles the same due process protections afforded adults,' it is apparent that the clear and convincing standard of proof must be applied at pretrial detention decisions in Juvenile Court.
Julia Colton-Bell & Robert J. Levant,
Clear And Convincing Evidence: The Standard Required To Support Pretrial Detention Of Juveniles Pursuant To D.C. Code Section 16-2310,
U.D.C. L. Rev.
Available at: https://digitalcommons.law.udc.edu/udclr/vol3/iss2/3