NCJ Number
40289
Date Published
1977
Length
102 pages
Annotation
THE VOLUME COMPARES STATE AND MODEL LAWS REGARDING THE PROPER ROLE OF LEGAL COUNSEL IN JUVENILE PROCEEDINGS.
Abstract
THIS VOLUME IS ONE OF NINE IN A SERIES OF WORKING PAPERS OF THE NATIONAL TASK FORCE TO DEVELOP STANDARDS AND GOALS FOR JUVENILE JUSTICE AND DELINQUENCY PREVENTION. ISSUES WITHIN EACH ANALYSIS ARE ORGANIZED BY TITLE, DESCRIPTION, SUMMARY OF MAJOR POSITIONS, SUMMARY OF STATE PRACTICES, SUMMARY OF POSITIONS RECOMMENDED BY OTHER STANDARDS GROUPS, ANALYSES, AND TASK FORCE STANDARDS AND RATIONALE. THE VOLUME IS DIVIDED INTO TWO PARTS: THE FIRST EXAMINES THE ROLE OF PROSECUTING ATTORNEY IN THE FAMILY COURT; THE SECOND FOCUSES ON DEFENSE COUNSEL FOR FAMILY COURT CLIENTS. THE SECTION ON THE PROSECUTION PROVIDES ANALYSES ON SUCH TOPICS AS THE APPROPRIATE ORGANIZATIONAL STRUCTURE FOR FAMILY COURT PROSECUTION SERVICES, THE STAGES IN THE JUVENILE PROCESS WHERE AN ATTORNEY SHOULD BE PRESENT, THE ROLE OF THE PROSECUTOR IN JUVENILE PLEA DISCUSSIONS, AND THE APPROPRIATE ROLE OF THE PROSECUTOR IN FILING PETITIONS. ALSO CONSIDERED IS THE QUESTION OF WHETHER THE PROSECUTOR SHOULD ASSUME THE ROLE OF AN ADVERSARY, AND HIS ROLE IN MONITORING THE EFFECTIVENESS OF DISPOSITIONS. A MEMORANDUM DISCUSSES THE POSSIBLE ROLES FOR THE DEFENSE ATTORNEY IN JUVENILE PROCEEDINGS SUCH AS THAT OF AN ADVERSARY, A 'GUARDIAN,' OR 'AMICUS CURIAE.' ISSUES CONCERNING COMMUNICATION BETWEEN DEFENSE ATTORNEY AND CLIENT, AND AVAILABILITY OF COUNSEL ARE ALSO DISCUSSED. A BRIEF APPENDIX HIGHLIGHTING ISSUES RELATED TO THE CONTENT AND FILING OF PETITIONS IN JUVENILE PROCEEDINGS COMPLETES THE VOLUME. FOR OTHER VOLUMES IN THE SERIES SEE NCJ-40290, 40051, 40192, 40181, 40283, 40024, 40183, AND 40299. (AUTHOR ABSTRACT MODIFIED)