NCJ Number
35848
Journal
University of Toronto Law Journal Volume: 24 Dated: (1974) Pages: 126-148
Date Published
1974
Length
23 pages
Annotation
THIS STUDY INTERVIEWED A SAMPLE OF SEVEN JUDGES AND 26 SOCIAL WORKERS ASSOCIATED WITH ONE CANADIAN JUVENILE COURT TO DETERMINE THEIR OPINIONS ON LEGAL REPRESENTATION OF JUVENILES AND JUVENILES' DUE PROCESS RIGHTS.
Abstract
BACKGROUND INFORMATION IS PROVIDED ON THE CONFLICTING TRENDS IN THE JUVENILE COURT - THE TRADITIONAL PARENS PATRIAE ORIENTATION VERSUS THE LEGAL AND DUE PROCESS ORIENTATION. THE METHODS OF THIS STUDY ARE THEN OUTLINED. THE RESEARCH WAS CONDUCTED IN THE FAMILY DIVISION OF THE PROVINCIAL COURT FOR THE JUDICIAL DISTRICT OF YORK (CALLED THE METRO JUVENILE COURT). THE JUDGES AND SOCIAL WORKERS OF THIS COURT WERE GIVEN AN INTERVIEW SCHEDULE WHICH CONSISTED OF MULITPLE CHOICE, FORCED ANSWER, AND OPEN-ENDED QUESTIONS. INFORMATION WAS GATHERED ON THE SAMPLE'S ATTITUDE TOWARDS THE IMPORTANCE OF LEGAL REPRESENTATION FOR CHILDREN IN JUVENILE COURT, THE SAMPLE'S DEFINITION OF THE PROSECUTOR AND HIS FUNCTION, AND THE SAMPLE'S OPINIONS ON THE APPLICATION OF DUE PROCESS LEGAL RIGHTS TO THE JUVENILE COURT SETTING. THE RESULTS SHOWED THAT THE IMPORTANCE AND NEED FOR LEGAL REPRESENTATION WAS SUPPORTED IN PRINCIPLE BY ALMOST ALL THE JUDGES AND SOCIAL WORKERS. HOWEVER, THIS ACCEPTANCE DID NOT APPLY UNIFORMALY TO PUBLIC DEFENDERS AND PRIVATE COUNSEL. THE PROSECUTOR FUNCTION WAS DEFINED MAINLY IN NON-ADVERSARIAL TERMS, THE EXCEPTION BEING WHEN A NOT-GUILTY PLEA NECESSITATED A FORMAL TRIAL. PROCEDURAL RIGHTS WERE SUPPORTED, BUT DISTINGUISHED FROM THE ADULT COURT EQUIVALENT, WITH QUALIFICATIONS RELATING TO JUVENILE COURT PRACTICES. IMPLICATIONS OF THESE FINDINGS FOR CANADA'S JUVENILE JUSTICE SYSTEM ARE DISCUSSED.