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JUVENILE JUSTICE SYSTEM - IN SEARCH OF THE ROLE OF COUNSEL

NCJ Number
9899
Journal
Fordham Law Review Volume: 39 Dated: (MARCH 1971) Pages: 375-412
Author(s)
E Z FERSTER; T F COURTLESS
Date Published
1971
Length
37 pages
Annotation
THE ROLE OF COUNSEL FOR JUVENILE OFFENDERS SHOULD EXTEND BEYOND DEFENSE AT TRIAL AND ENSURE THE JUVENILE'S DUE PROCESS RIGHTS UPHELD BY THE GAULT DECISION.
Abstract
A STAFF STUDY OF JUVENILE COURT PROCEEDINGS AND DISPOSITIONS IN 'AFFLUENT' COUNTIES LEAD THE AUTHORS TO CONCLUDE THAT COUNSEL CAN, AND SHOULD, PLAY A MAJOR ROLE IN ASSISTING A CHILD IN RECEIVING NEEDED PROTECTION AND TREATMENT. COUNSEL SHOULD ENSURE THAT COURT ORDERS MADE FOR THE CHILD'S BENEFIT ARE CARRIED OUT. COUNSEL'S ACTIVITIES AT DISPOSITION SHOULD INCLUDE ASSISTING THE COURT IN DETERMINING WHETHER THE JUVENILE'S OFFENSE WAS AN ISOLATED ACT OR A REPEATED ACT STEMMING FROM A SPECIAL PROBLEM. BY ADOPTING THIS BROADER INVOLVEMENT IN THE JUVENILE JUSTICE SYSTEM, COUNSELS FOR JUVENILES WILL WORK TOWARD THE ESTABLISHMENT OF A RIGHT TO TREATMENT FOR JUVENILE DELINQUENTS.