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Right to Counsel in Juvenile Court: The Conundrum of Attorneys as an Aggravating Factor at Disposition

NCJ Number
232043
Journal
Justice Quarterly Volume: 27 Issue: 5 Dated: October 2010 Pages: 713-741
Author(s)
Barry C. Feld; Shelly Schaefer
Date Published
October 2010
Length
29 pages
Annotation
This study compared the differences in juvenile court process before and after law reforms.
Abstract
In re Gault provided procedural safeguards in juvenile courts, including the right to counsel. Decades later, judges continue to resist appointing lawyers. And, when they do appoint counsel, lawyers appear to be an aggravating factor when judges sentence youths. In 1995, Minnesota enacted law reforms, including mandatory appointment of counsel. As a cost-saving strategy, the law also converted most misdemeanors into status offenses and restricted judges' sentencing authority in order to deny juveniles a right to counsel. This study compares how juvenile courts processed 30,270 youths in 1994the year before the changeswith how they processed 39,369 youths in 1999 after the amendments. The authors assess changes in appointment of counsel and their impact on sentencing practices. They report inconsistent judicial compliance with the mandate to appoint counsel and a positive decrease in the number of youths removed from home. Figure, tables, and references (Published Abstract)