NCJ Number
152405
Date Published
1989
Length
40 pages
Annotation
This paper reviews a juvenile's right to counsel as mandated in "In re Gault," assesses the implementation of this court decision in juvenile courts, and suggests ways to enhance compliance with this right in juvenile courts.
Abstract
Although "Gault" held that juvenile offenders are constitutionally entitled to the assistance of counsel in juvenile delinquency proceedings, data show that Gault's promise of counsel remains unrealized. The high rates of nonrepresentation implicate several legal issues: the validity of waivers of counsel by unrepresented juveniles; the incarceration of unrepresented youths; and the use of prior, uncounseled juvenile convictions to enhance the subsequent sentences of both juvenile and adult defendants. The recent research on the delivery and effectiveness of legal services in juvenile courts shows that changes in legislative and judicial policies are necessary. Instead of relying on discretionary review of the "totality of the circumstances" to assess the validity of a youth's waiver of counsel, legislation or judicial rules of procedure should mandate the automatic and nonwaivable appointment of counsel at the earliest stage in a delinquency proceeding. Either automatic appointment or a requirement of consultation with counsel prior to waiver would assure the development of legal services delivery systems that would facilitate the routine representation of juveniles. 31 references