What does the term 'detention' refer to in a legal context?

In a legal context, the term 'detention' refers to confinement, meaning that an individual is held in custody, often before a trial or as a consequence of a determination of risk or danger. This confinement can occur in a variety of settings, including juvenile detention centers, correctional facilities, or jail. Detention serves several purposes, including ensuring that individuals appear at their future court dates, protecting the public from potential harm, and offering stability for individuals who may pose a risk of flight.

The essence of detention lies in the physical restriction of a person's freedom. It is different from other concepts such as temporary release, which indicates a situation where an individual is allowed to leave custody for a short period under specific conditions. Surveillance and organization do not accurately capture the primary meaning of detention, as they involve monitoring behavior or structuring resources rather than the act of confining an individual. Hence, understanding detention as confinement is crucial for interpreting its role within the legal system.