NCJ Number
162231
Date Published
1995
Length
81 pages
Annotation
The juvenile justice system in the United States is at the center of public debate, particularly because of violent juvenile crime and the trend of juvenile courts to issue more punitive sanctions and longer confinement periods; in response, the American Bar Association (ABA) initiated a project known as the Due Process Advocacy Project to increase juvenile access to legal counsel in delinquency proceedings.
Abstract
The ABA project assessed the state of legal representation in juvenile courts through a national survey of juvenile defenders, site visits to several jurisdictions, interviews with people working in the field, client interviews, and an extensive literature search. Information was sought on juvenile access to counsel, quality of representation, the role of counsel in delinquency proceedings, and promising approaches to effective representation. It was found that many attorneys vigorously and enthusiastically represented their young clients. These lawyers challenged the prosecution to prove its case through pertinent evidentiary objectives, motions, arguments, and contested hearings. This type of vigorous representation, however, was not widespread and serious concern was raised about whether the interests of many young people in juvenile courts were significantly compromised. More than half the public defender offices surveyed had at least some attorneys working exclusively on juvenile cases, and most appointed lawyers who represented juveniles were solo practitioners or in small law firms. A disturbing finding was that a large number of youths appeared in juvenile courts without lawyers. High caseloads represented the single most important barrier to effective juvenile representation. Another alarming aspect of juvenile defense was the infrequency with which appeals were made. While the assessment revealed substantial deficiencies in access to counsel and the quality of representation in juvenile courts, the ABA project did not conclude that effective juvenile representation cannot and does not exist. Project staff observed many individual defenders who delivered first-rate legal services to young clients. Recommendations to improve the legal representation of juveniles are offered that focus on increased resources for juvenile defenders, improvements in the quality of epresentation at all stages of juvenile cases, and continued collection of information about representation in juvenile courts. 124 endnotes and 22 photographs