Achieving Justice for Children: Public Defenders in Israel's Juvenile Courts

• NCJ Number: 218170
• Journal: International Journal of Offender Therapy and Comparative Criminology Volume: 51 Issue: 2 Dated: April 2007 Pages: 191-211
• Author(s): Allan Borowski; Mimi Ajzenstadt
• Date Published: April 2007
• Length: 21 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study reports findings from a study on the impact of the introduction of public defenders (PDs) into Israel’s juvenile courts.

Abstract

Results of interviews with 14 PDs revealed 4 main themes: (1) the impact of the arrival of PDs in juvenile courts: (2) the court’s nature; (3) the role of PDs; and (4) the interactions of the PDs with other court actors. PDs viewed themselves as impacting court procedure and the attitudes of judges and as having an educational and rehabilitative approach. PDs did not report consistent perceptions regarding their role in juvenile courts, but instead took on many roles within the court system and perceived themselves as being able to assert their varied roles effectively. Results of interviews with eight prosecutors revealed seven main themes: (1) the need for public defenders; (2) the public defender as an agent of the state; (3) the public defender’s role; (4) the harms of legalization; (5) the disruption of the traditional operation of the court; (6) compromising the therapeutic value of the court hearing; and (7) changes in the court process. Prosecutors varied in their views about the need for PDs in the juvenile court but expressed resignation concerning their continued presence. All prosecutors agreed that the PDs role in the courtroom constituted an inherent conflict of interest in terms of the PD being an employee of the state that prosecutes the criminal case against his or her client. The result was that PDs were viewed as an arm of the state and as such, changed the court process in important ways. The findings illustrate how the welfare model is shaping the roles of the PD and the prosecutor in juvenile courts. The study involved in-depth interviews with PDs and prosecutors in Israel regarding their experiences with PDs in juvenile court. Interview transcripts were analyzed thematically. Future research should focus on the long-term impacts of PD representation in juvenile courtroom. References