custody | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction 

Custody means having physical control over and legal responsibility for a prisoner or juvenile.


Custody is a term commonly used in the criminal justice system to describe the legal status of a person who has been arrested and detained or a juvenile who has been placed under the supervision of the state. Custody can be defined as having physical control over and legal responsibility for the individual in question.

When a person is taken into custody, they are typically placed in a holding cell or detention center, where they will remain until their case is resolved or they are released on bail. During this time, they are under the control of the law enforcement agency or correctional facility responsible for their custody. This means that their movements are restricted, and they are unable to leave without permission.

In addition to physical control, it also involves legal responsibility. The agency responsible for the individual’s custody is responsible for ensuring that their basic needs are met, including food, shelter, and medical care. They are also responsible for ensuring that the individual is treated fairly and humanely and that their constitutional rights are protected.

It can take many different forms, depending on the individual’s legal status and the nature of their case. For example, a person who has been arrested and charged with a crime may be held in a jail or detention center until their trial or until they are released on bail. Similarly, a juvenile who has been deemed delinquent may be placed in a juvenile detention center until their case is resolved or until they are released to the custody of a parent or guardian.

The concept of custody is closely linked to the concept of legal responsibility. When a person is placed in custody, the agency responsible for their custody assumes legal responsibility for their well-being and safety. This means that they are responsible for ensuring that the individual is not subjected to any form of abuse or mistreatment while in custody.

In addition to providing for the basic needs of the individual in custody, the agency responsible for their custody is also responsible for ensuring that they receive any necessary medical or mental health care. This may include providing access to medical professionals or mental health counselors or arranging for the individual to be transported to a medical facility for treatment.


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Last Modified: 04/20/2023

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