NCJ Number
16768
Date Published
1974
Length
317 pages
Annotation
EXAMINATION OF THE ROLE OF THE ATTORNEY IN REPRESENTING A JUVENILE IN REGARDS TO THE FUNCTION OF THE JUVENILE COURT, CONSTITUTIONAL LIMITATIONS, AND THE RIGHTS OF MINORS.
Abstract
FOR MOST LAWYERS, REPRESENTING A CLIENT IN JUVENILE COURT IS A STRANGE AND CONFUSING EXPERIENCE. DUE TO THE INFORMAL ATMOSPHERE, AN ATTORNEY MAY FEEL UNCERTAIN ABOUT HIS ROLE. IS HE TO SERVE AS A TRADITIONAL ADVOCATE, AS A HELP TO THE COURT, AS ONE WHO PROVIDES ASSISTANCE TO THE PARENTS, OR AS A GUARDIAN FOR THE YOUNGSTER, TAKING ONLY THOSE LEGAL POSITIONS WHICH THE ATTORNEY BELIEVES WILL BENEFIT THE CHILD? THE AUTHOR OF RIGHTS OF JUVENILES CONTENDS THAT A LAWYER IN A JUVENILE COURT WHO HAS BEEN ENGAGED TO REPRESENT THE RESPONDENT CHILD HAS THAT CHILD AS THE CLIENT - NOT THE PARENTS OR THE COURT. THE CHILD IS ENTITLED TO ALL THE LEGAL ADVANTAGES PROVIDED UNDER THE LAW. IN THIS DOCUMENT, THE AUTHOR INTRODUCES COUNSEL TO THE TRADITIONAL 'JUVENILE COURT PHILOSOPHY,' THAT IS, THAT THE COURT EXISTS TO HELP, NOT TO PUNISH. HE EXPLORES THE GREAT ISSUES OF THE JUVENILE COURT - DEFINING DELINQUENCY AND COURT JURISDICTION OVER STATUS OFFENDERS. IN GIVING ATTENTION TO THE SCOPE OF THE CONSTITUTIONAL LIMITATIONS, THE APPLICATION OF THE FOURTH AND FIFTH AMENDMENTS TO THE COURT'S PROCEEDINGS AS WELL AS OF THE SIXTH AMENDMENT'S RIGHT TO COUNSEL ARE DISCUSSED. ATTENTION IS ALSO DEVOTED TO THE PROBLEMS OF WAIVER OF JUVENILE CASES TO CRIMINAL COURT AND ALSO TO THE QUESTION OF WHEN A CHILD CAN CHOOSE NOT TO EXERCISE HIS CONSTITUTIONAL RIGHTS. THE APPENDIXES PRESENT A BIBLIOGRAPHY, A CHART OF SELECTED STATE STATUTES, AND SET FORTH IN FULL, THE UNIFORM JUVENILE COURT ACT WHICH HAS HAD GREAT IMPACT THROUGHOUT THE COUNTRY. (SNI ABSTRACT)