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Child Counsel in Delinquency Cases


" This is frequently the role of the child's attorney in child protection like abuse, neglect and dependency cases. Second is Attorney, he represents the child client in much the same way an adult is represented. This is typically the role of an attorney representing a child in a delinquency case. As evident, best-interest advocacy persists in the practice of many juvenile courts across the country. In contrast to the expressed-interest model, an attorney advocating in the best-interest of the child may discount or altogether ignore the wishes of the child client and instead make decisions that he or she believes to be most appropriate for the care or rehabilitation of the child. This is not so true in case of lawyers advocating in the best interest of the child. Lawyers more often than not take into consideration the interests of his or her client especially in cases of child delinquency which is I think rampant in our society. It is in fact very risky in handling cases with child delinquents because lawyers are dealing with children who are young at heart and in mind. They do not even know the pros and cons of their acts which resulted to a crime. .
             The paternalism that was the hallmark of the first juvenile court has impacted every aspect of the modern juvenile justice system. Because juvenile court is traditionally committed to rehabilitation and not to punishment, many advocates believe that children do not need the vigorous assistance of counsel and view best interest advocacy as an essential tool in the rehabilitative process. By advocating for what they believe to be the best-interest of the child, these attorneys-like other officials in the juvenile justice system hope to divert the child from a life of crime and protect him from the consequences of his risky behavior. Attorneys face considerable difficulties as they seek to fulfill their ethical obligation to safeguard the child's procedural due process rights while fighting the paternalistic desire to assist the court in the rehabilitation of children they represent.


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