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Each year, almost 900,000 minors in the United States are detained in various types of adult and juvenile facilities after arrest but before any determination of guilt.' This detention severely disrupts these juveniles' lives by separating them from their families, schools, and communities, and by subjecting them to harsh and often dangerous conditions.2 For the majority of these minors who present no serious threat to the communities from which they are exiled,8 such potentially harmful incarceration appears unjustifiable. In its recent consideration of a typical juvenile pretrial detention statute, however, the Supreme Court was able to swallow this troubling lack of correlation between detention and dangerousness with the help of a sweetening4 rationale: The statute affects only juveniles.5

Pretrial Detention of Juveniles: Denial of Equal Protection Masked by the Parens Patriae Doctrine