The People of the State of New York ex rel. Robert F. Wayburn, Law Guardian

Summary

The New York Court of Appeals held that the Family Court Act provision allowing pre‑trial detention of a juvenile based on a serious risk of future crime does not violate the equal protection or due process clauses of the Federal or State Constitutions. The court applied strict scrutiny, finding a compelling state interest in protecting the public and the child, and concluded no less restrictive means exist. The court reversed the Supreme Court’s order of release and dismissed the habeas petition. Two concurring opinions were filed, one dissenting on due‑process grounds and one concurring on the basis of child protection.