NCJ Number
57444
Journal
PRISON LAW MONITOR Volume: 1 Issue: 4 Dated: (SEPTEMBER 1978) Pages: 87-95
Date Published
1978
Length
9 pages
Annotation
AS A MATTER OF FUNDAMENTAL FAIRNESS THE JUVENILE'S RIGHT TO COUNSEL BEGINS AT THE INITIAL STAGE OF POLICE CUSTODY AND CONTINUES THROUGH POSTDISPOSITIONAL PROCEEDINGS, INCLUDING APPEAL AND EXPUNGEMENT OF RECORDS.
Abstract
THE HISTORY OF GAULT, WHICH ESTABLISHED THE JUVENILE'S RIGHT TO COUNSEL, IS REVIEWED. IN WADE THE U.S. SUPREME COURT HELD THAT THE ACCUSED IS 'GUARANTEED THAT HE NEED NOT STAND ALONE AGAINST THE STATE AT ANY STAGE OF THE PROSECUTION, FORMAL OR INFORMAL, IN COURT OR OUT, WHERE COUNSEL'S ABSENCE MIGHT DEROGATE FROM THE ACCUSED'S RIGHT TO A FAIR TRIAL.' FOR A JUVENILE THIS MEANS COUNSEL MUST BE AVAILABLE AT EVERY STEP OF THE PROCESS, BEGINNING WITH THE FIRST POLICE CONTACT. FOR A CHILD EVERY STEP OF THE JUVENILE JUSTICE SYSTEM IS 'CRITICAL.' AT INTAKE THE CHILD NEEDS TO BE PROTECTED FROM SELF-INCRIMINATION. DETENTION DECISIONS NEED TO BE EXAMINED AND THE BASIS ON WHICH A DECISION TO GO TO COURT IS MADE NEEDS TO BE MONITORED. IF INFORMAL DISPOSITION IS DECIDED UPON, THIS TOO NEEDS TO BE WATCHED TO PREVENT ARBITRARY ACTION ON THE PART OF THE AUTHORITIES. TRANSFER TO ADULT CRIMINAL COURT IS AN ESPECIALLY CRITICAL STAGE AND DUE PROCESS MUST BE OBSERVED. AT DISPOSITION COUNSEL MUST HAVE ACCESS TO THE PRESENTENCING REPORT AND BE ABLE TO CHALLENGE ITS ASSUMPTIONS, MUST HAVE AN OPPORTUNITY TO CONFRONT AND CROSS-EXAMINE THOSE MAKING DISPOSITIONAL RECOMMENDATIONS, AND BE GIVEN THE OPPORTUNITY TO MAKE ALTERNATIVE RECOMMENDATIONS. THE JUVENILE'S ATTORNEY MUST KNOW WHAT ALTERNATIVES ARE AVAILABLE AND HAVE A GOOD UNDERSTANDING OF JUVENILE NEEDS. EACH POINT IS DISCUSSED IN DETAIL. THE 119 FOOTNOTES CONTAIN EXTENSIVE ADDITIONAL MATERIAL AND REFERENCES. (GLR)