NCJ Number
147636
Journal
Trial Volume: 30 Issue: 2 Dated: (February 1994) Pages: 42-44,46
Date Published
1994
Length
4 pages
Annotation
This article instructs defense counsel in juvenile proceedings on the importance of effective advocacy for clients, the basis for pretrial motions, and the preparation of a disposition package in the event of a delinquency finding.
Abstract
Juvenile proceedings are not benign rehabilitative mechanisms. They are adversarial arenas in which a loss can result in devastating permanent consequences. The juvenile's attorney should explain to the client and the client's family the court system, the elements of the offense, the possible defenses, the potential dispositions, and the collateral consequences of delinquency proceedings. If the prosecution intends to use evidence from a search or seizure, attorneys should investigate filing a motion to suppress based on the Fourth Amendment. Attorneys should also explore Fifth and Sixth Amendment issues that involve juveniles' statements and confessions. Counsel should also be aware of case and statutory law on the use of a juvenile's prior record for impeachment. The prosecution's use of these records to impeach an accused is improper when State law or policy preserves the confidentiality of juvenile records. In the event of a delinquency finding, defense counsel must be prepared to present the court with a creative and detailed disposition package at the sentencing hearing. Psychiatric reports, family histories, school records, and testimony of family members should be included. 24 notes