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Children and Juvenile Law, Keyed to Feld, 6th Ed.
People v. Juvenile Court, City and County of Denver
Citation:
893 P.2d 81 (1995)Facts
F.N., a juvenile, was arrested for felony menacing and unlawful possession of a handgun after allegedly pointing a loaded handgun at two people. He was immediately placed in secure detention at Gilliam Youth Center. A magistrate found probable cause to detain F.N., and a hearing officer ordered his continued detention after finding he constituted a danger to himself and the community. F.N. filed a motion challenging his detention, arguing that the statutory presumption of dangerousness for juveniles alleged to have possessed handguns violated due process. The juvenile court agreed, finding that detention conditions at Gilliam and Arapahoe County Jail were punitive, and that the presumption statute impermissibly shifted the burden of proof to juveniles. The court ordered F.N.’s release and prohibited future detention of juveniles for handgun possession.
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