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Role of Legal Counsel in Juveniles' Understanding of Their Rights

NCJ Number
93156
Journal
Juvenile and Family Court Journal Volume: 34 Issue: 4 Dated: (Winter 1983-1984) Pages: 49-58
Author(s)
R A Lawrence
Date Published
1984
Length
10 pages
Annotation
This study assesses juveniles' understanding of the law and their rights and the role of attorneys and probation officers in providing legal advice. Findings suggest the need for improvement in the functioning of probation officers in this area and for appointment of legal counsel earlier in the court process.
Abstract
Study subjects were 45 youths who appeared before the juvenile court of a major metropolitan area in the southwestern United States. Included in the sample were the parents and attorneys who accompanied the youths to court and the juvenile probation officers involved. A series of questionnaires and interviews were administered to the subjects immediately after their court appearance. Data were collected from 40 parents and 36 attorneys. Separate questionnaires were designed for each of the four participating groups. Items assessed the level of understanding of legal rights and the judicial process as well as the source of understanding. Items on the attorney and probation officer forms were intended to assess their own understanding of the juvenile code and the legal rights of juveniles, their own practices in advising youths, and their assessment of juveniles' legal understanding. Although probation officers reported that they, and not police or attorneys, are the primary source of juveniles' understanding of their legal rights, juveniles reported that they received the clearest explanation of their legal rights and court procedures from their attorneys. The findings suggest the need for more training and preparation of probation officers in the area of law and juvenile rights, more extensive and uniform explanation of these rights by the officers to juveniles and their parents, and the appointment of legal counsel earlier in the court process. Tabular data and 33 notes are provided.