What is the policy regarding pretrial detention for children aged 10 years or younger?

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The policy regarding pretrial detention for children aged 10 years or younger stipulates that they may never be detained. This is grounded in the understanding that very young children lack the cognitive and emotional maturity necessary to fully comprehend the legal process and the implications of detention. The approach is reflective of a commitment to the developmental needs and rights of young children, promoting alternatives to detention, such as diversion programs or community-based interventions, which are better suited for their age group. By prohibiting detention at such a young age, the system acknowledges the importance of supporting children in a manner that considers their well-being and fosters rehabilitation rather than punishment. This aligns with broader juvenile justice principles that emphasize the need for a child-centered approach.

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