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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.


Essays Related to Child Counsel in Delinquency Cases

1. JUVENILE DELINQUENCY AND THE SYSTEM

... given a timely notice of the charges against him or her. This is required in order to give the juvenile's defense counsel adequate time to prepare for the trial (Ibid, p. 259).  Right To Counsel. In the Gault case, it was held that the accused juvenile has the right to counsel. Counsel may be of the person's own choosing or may be appointed by the court ... to color the courts picture of the child and the child's family and to exert a general influence over the outcome of a case (Ibid, p. 295). In 1817, the London philanthropic Society was founded and included in its purpose and practi...

  • Word Count: 2997
  • Approx Pages: 12
  • Has Bibliography
  • Grade Level: High School

2. Juvenile Delinquency

... to fairness at the adjudicatory phase of the process. Thus, a juvenile charged with a crime, is entitled to adequate, timely and written notice of the allegations against him, the right to counsel, the privilege against self-incrimination and the right to confront and cross-examine opposing witnesses under oath. This decision forced juvenile courts throughout the country to rethink and restructure the ... 15, 1967 that forced juvenile courts across the country to give juvenile offenders the full panoply of due process protections, including the right to notice of charges, the right to c...

  • Word Count: 8199
  • Approx Pages: 33
  • Has Bibliography
  • Grade Level: Undergraduate

3. Juvenile Courts

... juvenile court goals are a mix of rehabilitation, punishment and community safety. Juvenile courts have traditionally considered child less dangerous and more amenable to rehabilitation the adults. As a result, minors who commit crimes often receive counseling and stay at home in lieu of going to jail. However, citing statistics suggesting that minors increasingly commit more and worse ... want juvenile courts to get young criminals off the streets. II. Juvenile Court Jurisdiction Juvenile courts have jurisdiction over cases involving crimes committed by minors(often called " juvenile d...

  • Word Count: 603
  • Approx Pages: 2

4. Should the Incarceration of Pregnant Women be Avoided?

... , and spousal abuse. Leslie Acoca (1998) states that given the rapidly increasing numbers of incarcerated woman and that a great number are in fact young and in their childbearing years, pregnant inmates are becoming increasingly common. In 1996, the National Counsel on Crime and Delinquency (NCCD) did a study indicating that 18 percent of women inmates interviewed had given birth at some time during a past or present ... infants are often unable to visit their mothers because they are returned to the mother's county of commitment, which in most cases is geographically distant from where...

  • Word Count: 1373
  • Approx Pages: 5
  • Has Bibliography
  • Grade Level: Undergraduate

5. Children With Incarcerated Parents

... confused and alone. They are left at the government's hands, deciding what is best for the child. The remaining 80% of the 1.5 million children with incarcerated parents are usually placed with family relatives or close family friends. Cynthia Seymour Child Welfare League of America's general counsel stated that, " Approximately half of children whose mothers are incarcerated live with grandparents, and one ... severe behavioral consequences, including emotional withdrawal, failure in school, and delinquency (Simmons 2000). These emotional and behavioral difficulties have been linked to ...

  • Word Count: 3878
  • Approx Pages: 16
  • Has Bibliography
  • Grade Level: Undergraduate

6. Should Juveniles be Tried As Adults? (yes)

... defined themselves with a two-part purpose. One, to remove children who commit crimes from the ordinary criminal courts to separate courts which consider the child rather than the crime. Two was to have the juvenile court provide protection and treatment to other children who needed it (Vedder 143-146). ... Any one of these crimes have obvious moral and legal implications in them, and anyone who commits one of these crimes is aware that they are breaking the law. The Task Force on Juvenile Justice and Delinquency Prevention of the National Advisory Committee on Criminal Justice Standards...

  • Word Count: 3215
  • Approx Pages: 13
  • Has Bibliography
  • Grade Level: High School

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