the status of the wards confined at HYCF. Gary H. v. Hegstrom, 831 F.2d 1430, 1432 (9th Cir.1987). The Eighth Amendment applies to those who have been convicted of crimes, while the Due Process standard applies to detainees who have not been convicted of crimes. Id. (citing Jones v. Johnson, 781 F.2d 769, 771 (9th Cir.1986) and Whitley v. Albers, 475 U.S. 312, 106 S.Ct. 1078, 89 L.Ed.2d 251 (1986)). In the instant case, wards of HYCF are adjudicated delinquent and have not been convicted of a crime. Hawaii Revised Statute (HRS) § 571-1 (stating that a primary purpose of the Hawaii Family Courts is rehabilitation of juveniles and that “no adjudication by [Hawaii Family Courts] of the status of any child shall be deemed a conviction”); State v. Riveira, 92 Hawaii 521, 993 P.2d 555 (2000) (<HOLDING>). Therefore, the Due Process Clause provides
holding that a juvenile adjudication could not constitute a conviction for purposes of hawaiis repeat offender provision holding that juvenile adjudications may not be used for impeachment purposes because the disposition of a juvenile does not constitute a criminal conviction holding that a juvenile adjudication should not be counted as a prior conviction for apprendi purposes recognizing that an inquiry into the conduct underlying a defendants juvenile adjudication may be admissible under rule 11608b nmra if the prosecution does not specifically question the defendant about the juvenile adjudication and does not otherwise present any evidence regarding the defendants juvenile adjudication holding that a juvenile adjudication may be used as a prior conviction for apprendi purposes