NCJ Number
85057
Journal
Case Western Reserve Law Review Volume: 31 Issue: 3 Dated: (1981) Pages: 580-607
Date Published
1975
Length
28 pages
Annotation
During the last several decades, the judiciary has become increasingly aware of the disparity between the treatment of juveniles in the juvenile court system and that of their adult counterparts in the larger court system.
Abstract
While the Supreme Court has reduced this disparity by requiring independent legal representation for juveniles at quasi-criminal proceedings, the question remains whether a juvenile has a constitutional right to independent representation at a noncriminal proceeding. This Note addresses that issue by discussing the purposes and goals of the juvenile court system and evaluating the juvenile's due process rights. Following an examination of the legislative and judicial treatment of the issue in Ohio, California and New York, this Note recommends that independent representation be allowed in both quasi-criminal and noncriminal proceedings, with distinctions made as to the function of counsel in each forum. In light of the Supreme Court's recent return to a more traditional, paternalistic view of juveniles, however, the author concludes that the Court will be unwilling to include legal representation at a noncriminal proceeding as one of a juvenile's due process rights rights. (Publisher abstract)