NCJ Number
142166
Journal
Criminal Justice Volume: 8 Issue: 1 Dated: (Spring 1993) Pages: 43-46
Date Published
1993
Length
4 pages
Annotation
The quality of representation at the initial stages of the juvenile court processing can be crucial in securing a favorable result for the juvenile client, particularly regarding pretrial detention.
Abstract
The most critical decision usually made at an initial hearing is whether or not the juvenile will be detained prior to trial. This is a crucial decision because of the deleterious effects of detention on the juvenile while detained and the generally negative impact of the detention on case outcome. If the juvenile's attorney is retained or appointed prior to the initial hearing at which the detention decision is made, the attorney should quickly marshal information about alternatives to detention and about parents' ability to care for and control the juvenile. Such information can usually persuade an intake officer or other decisionmaker to release the juvenile. The attorney should be aware of innovative alternatives to detention that provide a high level of security for the community without the deleterious effects of secure institutionalization. Presenting a plan for the youth's 24-hour supervision and obtaining the juvenile's agreement to comply with the plan can go far in securing a favorable decision on an alternative to detention. Should a juvenile be detained in spite of the attorney's best effort to obtain an alternative, the attorney should regularly visit the juvenile in detention and closely monitor the client's care and treatment within the facility. The attorney should also urge periodic review of the detention and strict observance of any speedy-trial rule in the jurisdiction.