This analysis will identify the theoretical basis associated with the use of pretrial detention among youth in the United Sates. This article is designed to offer a comprehensive description of the use of pre-trial detention of youth. In addition, a theoretical discussion of this "crime-control" measure is identified. Policy implications are recommended. The primary purpose of this article is to investigate the various philosophical components as a basis for legal origins and the philosophical basis associated with the use of pretrial detention in the United States of America. The authors offer critical insights and explanations regarding the use of pretrial detention of youth from a theoretical perspective along with attempting to answer the question why pretrial detention is being used among youth within the juvenile justice system.