The juvenile justice system is founded on rehabilitating children and shielding them from criminal penalties;' yet some states disregard that foundation and thrust their children into the criminal justice system before they have even been convicted of a crime.2 In State v. Mohi, the Utah Supreme Court held that once a juvenile has been charged with a crime and is subsequently transferred or ";bound over"; for trial in the criminal court, the child is required to be held in jail—as opposed to a juvenile detention facility—while awaiting tria1, regardless of the fact that the jail is entirely ill-equipped to meet the needs of children. To make matters worse, children in Utah can be held in jail prior to any determination of guilt for over a year while they wait for their bindover appeal to be heard or their trial to commence!' During that time, children are housed alongside adult criminals with little or no protections in place, they are provided with few or no educational opportunities, and they are not eligible for any youth-oriented rehabilitative services. This is true even in light of the fact that there are several secure juvenile detentions facilities available that are far more appropriate for meeting the needs of
pretrial juvenile detainees.