In the case of Schall, Commissioner of New York City Department of Juvenile Justice v. Martin et al., 1983, the U.S Supreme Court upheld a New York law that allowed for pretrial detention of juveniles accused but not convicted of crimes if it was determined they posed a risk to society. The court ruled in favor of Commissioner Benjamin Schall with a 6-3 majority decision, stating that such preventive detention did not violate due process rights under the Fourteenth Amendment or constitute cruel and unusual punishment prohibited by Eighth Amendment. The ruling emphasized that juvenile justice system's primary goal is rehabilitation rather than punishment and thus different standards apply compared to adult criminal proceedings. It also noted that detained juveniles were entitled to hearings and periodic reviews which provided sufficient procedural safeguards.

In the dissenting opinion for Schall v. Martin, Justice Thurgood Marshall argued that preventive detention of juveniles without bail violated their constitutional rights to due process and protection against excessive punishment. He contended that the majority's decision failed to consider the potential harm caused by detaining a juvenile before trial, such as stigmatization and disruption of family life or education. Furthermore, he criticized the law for its lack of clear standards in determining which juveniles posed a risk if released pending trial. He also pointed out that there was no guarantee these detained youths would receive speedy trials, thus potentially prolonging their confinement unjustly. Lastly, he expressed concern over racial disparities in how this law was applied.