NCJ Number
192634
Journal
Juvenile Correctional Mental Health Report Volume: 2 Issue: 1 Dated: November/December 2001 Pages: 1,2,4,8-9,11,14
Date Published
2001
Length
7 pages
Annotation
This first part of a two-part article on legal issues that defense attorneys need to consider when handling a case involving a juvenile sex offender emphasizes nine issues that need attention before children are adjudicated and placed in available sex offender treatment programs.
Abstract
Defense attorneys should use caution before accepting a program’s self-serving assertions of low recidivist rates or success in treating sex offenders. They also should be sensitive to the impact of local sex offender registration laws and should discuss the possible consequences with their clients. The legal issue that is perhaps the most immediate for attorneys is preventing the youth from being adjudicated delinquent, through exploring community mental health clinics or hospitals as a possible alternative to the child’s involvement in the juvenile court system. A second issue is the consideration of a plea under North Carolina v. Alford, under which a person may plead without making an express admission of guilt, if diversionary programs are not available and the youth is so inclined. Additional issues are presenting a defense if the child chooses to go to trial rather than engage in plea discussions, recognizing the potential repercussions of denying the misconduct, appealing the outcome of the adjudication hearing, becoming familiar with the jurisprudence governing the child’s right to treatment, being aware of the potential conflicts between the child and the child’s parents, and requesting the court to order certain treatment components such as peer-group therapy and aftercare. Footnotes