NCJ Number
118417
Date Published
1983
Length
30 pages
Annotation
Providing accused juveniles with the right to counsel is probably the most fundamental juvenile justice standard promulgated by the Institute of Judicial Administration and the American Bar Association.
Abstract
The Sixth Amendment stipulates that accused persons have the right to effective counsel. This constitutional guarantee has a significant financial impact on State and local governments which are responsible for developing systems to meet the demand for counsel by indigent juveniles and adults. The situation is complicated further by the necessity of providing alternative systems for the appointment of counsel in conflict, multiple party, and caseload overflow circumstances. Special problems of juveniles in connection with the right to counsel include immaturity, vulnerability to influence, lack of competence to waive rights, defense counsel and juvenile justice system official attitudes, and parental attitudes. Principal questions to be addressed concerning juveniles' right to counsel are which methods of assigning counsel are most suitable for the jurisdiction obliged to provide counsel; when the right to counsel does attach, how it is asserted or waived; and which standards are to be implemented to assure juveniles of due process. Indigent defense systems in operation include public defenders, legal aid societies, court-appointed private counsel, and contract or retainer systems. The role of counsel in critical stages of juvenile proceedings (arrest, intake, detention, preadjudication, adjudication, disposition, appeal, and probation or parole revocation) is outlined, and standards relevant to juveniles' right to counsel are noted. Questionnaires used to elicit information on juveniles' right to counsel are appended. 43 references.