NCJ Number
112690
Journal
Crime and Delinquency Volume: 34 Issue: 4 Dated: (October 1988) Pages: 393-424
Date Published
1988
Length
32 pages
Annotation
This article uses data from six States to analyze the availability and effects of legal counsel in delinquency and status offense cases disposed in 1984.
Abstract
Nearly 20 years after the U.S. Supreme Court held that juveniles are constitutionally entitled to assistance of counsel, only half of the jurisdictions -- California, Pennsylvania, and New York -- were in compliance. In Nebraska, Minnesota, and North Dakota over half of the juvenile offenders did not have lawyers. In all the jurisdictions, each legal variable examined (seriousness of present offense, detention status, and prior referrals) that was associated with more severe dispositions also was associated with higher rates of representation. However, while legal variables enhanced the probability of representation, the presence of an attorney appeared to exert an additional, independent effect on the severity of disposition. In those jurisdictions that routinely provide counsel, very low numbers of uncounseled juveniles received out-of-home placement or secure detention dispositions, while in the other States, many uncounseled juveniles received such dispositions. In those States in which juveniles are routinely unrepresented, legislation mandating automatic and nonwaivable appointment of counsel at the earliest stage of the proceedings clearly is needed. Short of such a mandate, there should be a prohibition on waivers of counsel without prior consultation with and concurrence of counsel to ensure that such waivers are knowing, voluntary, and intelligent. 11 tables, 15 notes, 5 cases, and 33 references. (Author abstract modified)