NCJ Number
72182
Journal
Juvenile and Family Court Journal Volume: 31 Issue: 3 Dated: (August 1980) Pages: 19-22
Date Published
1980
Length
4 pages
Annotation
In Los Angeles County, public defenders encourage juvenile defendants to contest charges regardless of their guilt, due to U.S. Supreme Court rulings eliminating separate adjudication procedures for juveniles.
Abstract
In the past, the idea that the defense attorney is honorbound to strive for his client's acquittal regardless of guilt did not apply to juvenile court. Juvenile court procedings were not adversarial, and over 90 percent of minor defendants admitted guilt. Attorneys and juvenile court athorities alike believed that truth was in the best interests of society and the child offender. However, due to recent Supreme Court rulings, juvenile court has been changed from an informal tribunal to an adversary court with all the requirements and procedures of adult courts. Although implementation varies in different jurisdictions, Los Angeles County public defenders routinely contest any petition where dismissal seems possible, regardless of guilt. This has resulted in many unjust dismissals for juveniles and has inhibited their respect for law and the rights of others. Nevertheless, because the intent of the Supreme Court was to prevent the guilty from being shielded as well as to protect the innocent, public defenders are not obliged to urge admittedly guilty youths to contest charges, even if American Bar Association ethics permit it. In addition, requiring full court procedures for juveniles has added a heavy caseload burden to the courts. It is recommended that the American Bar Association guide lawyers in seeking justice rather than merely acquittals. No references are included.