NCJ Number
143448
Journal
Key to Commonwealth Corrections Issue: 18 Dated: (Winter 1991/92) Pages: 1-6
Date Published
1992
Length
6 pages
Annotation
Traditional legal practices, combined with the way attorneys are paid for their services, encourage "strenuous defenses" in Children's Courts in Australia and Canada, and such efforts can do more harm than good.
Abstract
When attorneys are paid for the time they spend in court, they are more likely to use a strenuous defense and encourage the juvenile to plead not guilty. If they instead advise a guilty plea and concentrate on sentencing recommendations, attorneys may spend considerable unpaid time out of court. The not guilty plea shifts the balance of attorney time toward court time, but this may create delays that damage clients, their families, and others appearing in court. Salaried attorneys or public defenders may provide better representation to juveniles by spending less time on the issue of guilt and more time on the issue of appropriate disposition and the establishment of good working relationships with various social service agencies. These agencies are often reluctant to help juveniles until they have been found guilty. The need for specialists in Children's Courts is discussed, as well as the need to resolve the issue of guilt without delay and legal myths that make juvenile justice less effective. The author concludes that a strenuous defense is appropriate in some cases but that cost should not be the primary concern in pleading guilty or not guilty. 13 references