NCJ Number
11072
Journal
Georgetown Law Journal Volume: 61 Issue: 6 Dated: (JULY 1973) Pages: 1401-1426
Date Published
1973
Length
26 pages
Annotation
IN LIGHT OF SUPREME COURT DECISIONS EXTENDING DUE PROCESS REQUIREMENTS TO JUVENILE PROCEEDINGS, THE AUTHORS EXPLAIN THE NECESSITY FOR THE ATTORNEY TO PURSUE A FLEXIBLE ROLE.
Abstract
THE ATTORNEY IN JUVENILE PROCEEDINGS IS URGED TO OPERATE FREELY WITHIN THE SPECTRUM DESCRIBED AT ONE END BY THE STRICT ADVERSARY ROLE AND AT THE OTHER END BY THE REHABILITATIVE-ORIENTED NON-ADVERSARY ROLE. THIS 'NON-POLAR' APPROACH IS DISCUSSED IN RELATION TO IN RE GAULT, IN RE WINSHIP, AND MCKEIVER V. PENNSYLVANIA. THE IMPLICATIONS IN RESPECT TO ADJUDICATION, DISPOSITION AND RELATIONSHIP TO THE PARENTS ARE ALSO COVERED. THE AUTHOR STATES THAT FOR A JUVENILE LAWYER TO FULFILL HIS PROFESSIONAL OBLIGATION, IT IS CRUCIAL THAT HE REJECT ALL -OR-NOTHING ROLE MODELS AND THAT HE RESORT TO THE MORE DEMANDING TASK OF DETERMINING IN EACH CASE HOW HE CAN BEST REPRESENT HIS CLIENT.