NCJ Number
54665
Date Published
1976
Length
0 pages
Annotation
THIS TAPE CASSETTE FROM THE THIRD NATIONAL CONFERENCE ON JUVENILE JUSTICE PRESENTS POSSIBLE MODELS FOR THE ROLE OF THE LAWYER IN THE JUVENILE COURT.
Abstract
THREE POSSIBLE MODELS FOR LAWYERS IN THE JUVENILE COURT CONSIST OF THE FOLLOWING: (1) DEEMING THE ATTORNEY TO BE AN ASSISTANT OF THE COURT, TAKING ONLY POSITIONS WHICH ARE CONSIDERED TO BE FOR THE BEST INTEREST OF THE CHILD; (2) HAVING THE ATTORNEY ASSUME AN ADVOCATE ROLE SUBSTANTIALLY SIMILAR TO THAT OF A DEFENSE COUNSEL IN A CRIMINAL CASE; AND (3) BECOMING AN ADVISOR TO THE CLIENT, OR PROVIDING AN ALTERNATIVE PERSON AS ADVISOR AND SERVING AS ADVOCATE. THE REQUIREMENTS OF A FLEXIBLE JUVENILE JUSTICE SYSTEM APPEAR TO FAVOR THE SECOND MODEL. BECAUSE THE EFFECTS OF JUVENILE ADJUDICATION CAN BE DAMAGING TO THE CHILD, HE OR SHE MUST BE PROTECTED FULLY FROM ANY ABRIDGEMENT OF CIVIL RIGHTS. THE DECISIONS REACHED IN COURT ARE BEST REACHED UNDER THE CRITICAL EXAMINATION INHERENT IN THE ADVERSARY SYSTEM. THE CHILD BEFORE THE COURT SHOULD HAVE A FAIR HEARING THAT IS NOT OVERLY DEPENDENT UPON THE PERSONAL RESOURCES OF THE INDIVIDUAL JUDGE. CONSTITUTIONAL RIGHTS SHOULD FOLLOW THE CHILD FROM THE BEGINNING OF THE ADJUDICATION PROCESS. (TWK)