NCJ Number
56347
Journal
Juvenile and Family Court Journal Volume: 30 Issue: 1 Dated: (FEBRUARY 1979) Pages: 9-15
Date Published
1979
Length
7 pages
Annotation
THIS STUDY OF THE IMPACT OF DEFENSE COUNSEL PRESENCE DURING DISPOSITIONAL HEARINGS IN JUVENILE COURT FOUND AN ATTORNEY'S PRESENCE INCREASES THE LIKELIHOOD THAT AN ACCUSED YOUTH WILL RECEIVE A HARSHER DISPOSITION.
Abstract
DATA WERE SELECTED FOR INVESTIGATION FROM A JUVENILE COURT LOCATED IN A MEDIUM-SIZED MIDWESTERN COUNTY WHOSE RELATIVELY AFFLUENT POPULATION WAS OVER 90 PERCENT WHITE. IN 1975, THE COURT HANDLED APPROXIMATELY 2,250 REFERRALS FOR CRIMINAL AND STATUS OFFENSES INVOLVING ABOUT 1,600 YOUTHS. CASE RECORDS INDICATED THAT OF THESE 1,600 YOUTHS, 742 WERE REFERRED FOR FORMAL HEARINGS. CHILDREN RECEIVING FORMAL DISPOSITION HEARINGS COULD WAIVE THEIR RIGHT TO COUNSEL, COULD RETAIN THEIR OWN COUNSEL, OR COULD REQUEST COURT-APPOINTED REPRESENTATION. EITHER RETAINED OR APPOINTED COUNSEL WAS PRESENT IN 88 OF THE 742 FORMAL HEARINGS. THE VARIABLES USED IN THE ANALYSIS WERE OFFENSE (FELONY, MISDEMEANOR, OR STATUS), RACE (WHITE OR NONWHITE), SEX, NUMBER OF PREVIOUS REFERRALS TO THE COURT, INDICATION OF PREVIOUS DELINQUENT HISTORY WHICH DID NOT RESULT IN REFERRAL, WHO ADJUDICATED FORMAL DISPOSITION HEARINGS (JUDGE OR REFEREE), WHETHER A PROSECUTOR WAS PRESENT, AND PLEA ENTERED BY YOUTH. OVERALL, NONINSTITUTIONAL DISPOSITIONS WERE THE MOST PROMINENT OUTCOMES OF FORMAL HEARINGS, CONSISTENT WITH IDEALS OF REHABILITATION AND LESS HARSHNESS IN THE HANDLING OF YOUTH BY JUVENILE COURTS. OF THE 742 HEARINGS, 561 OR 75.6 RESULTED IN DISMISSAL, PROBATION, OR REFERRAL TO A SOCIAL SERVICE AGENCY. HOWEVER, THERE WAS A SIGNIFICANT DIFFERENCE IN DISPOSITION RELATED TO WHETHER AN ATTORNEY WAS PRESENT. INSTITUTIONAL PLACEMENT OCCURRED IN 22.6 PERCENT OF HEARINGS WHERE NO ATTORNEY WAS PRESENT BUT OCCURRED IN 37.5 PERCENT OF HEARINGS WHERE AN ATTORNEY WAS PRESENT IN DEFENSE OF YOUTH. THE LIKELIHOOD OF AN ACCUSED YOUTH RECEIVING A HARSHER DISPOSITION WITH THE PRESENCE OF AN ATTORNEY WAS STRONGER FOR YOUTH CHARGED WITH FELONIES OR MISDEMEANORS, FOR NONWHITES, FOR YOUTH WITH NO PREVIOUS REFERRALS TO THE COURT, FOR YOUTH WITH A HISTORY OF UNREFERRED DELINQUENT BEHAVIOR, FOR YOUTH ADJUDICATED BY A REFEREE, FOR YOUTH HAVING A PROSECUTOR PRESENT IN THE HEARING, AND FOR YOUTH PLEADING NOT GUILTY. MORE SOPHISTICATED AND INDEPTH RESEARCH FOCUSING ON THE ROLE OF DEFENSE COUNSEL IN JUVENILE COURTS IS RECOMMENDED. SUPPORTING DATA, FOOTNOTES, AND A BIBLIOGRAPHY ARE INCLUDED. (DEP)