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Legal Representation of Minority Youth: An Exploratory Study, Executive Summary

NCJ Number
208482
Author(s)
Russell K. Van Vleet; Edward C. Byrnes; Leif-Erik T. Rundquist; Amy Coombs; Robin Davis; Stephanie Tonin
Date Published
2004
Length
41 pages
Annotation
This study examined the status of the legal representation of minority youth in Utah's juvenile justice system.
Abstract
Data were obtained on 18,058 youth with dispositions in calendar year 2001, which accounted for 90,660 dispositions. Only 2,224 of these youth could be matched with attorneys; and of these, only 2,096 had accurate race data; of this number, 512 were of a minority race. Of these, 289 (56 percent) were represented by defense counsel. Of the White youth, 910 (57 percent) were represented by defense counsel. Thus, there was no statistically significant relationship between race and representation by counsel. For the qualitative phase of the study, 52 attorneys were interviewed, including 29 defense attorneys, 18 prosecutors, and 5 attorneys associated with the attorney general's office. The vast majority of these attorneys had not received training in juvenile law or minority law. Only 20 attorneys indicated they were familiar with the programs available under various dispositions. Many believed that public defenders did not have sufficient time or resources to provide comprehensive representation for juveniles. Interviews were also conducted with 21 youth who were currently involved in the juvenile justice system and were on probation or in custody. Nineteen of the youth had a court-appointed attorney; 1 had a private attorney; and 1 was not provided an opportunity for legal representation. Fourteen of the youth perceived treatment to be equal among racial groups; 3 did not, and 2 were unsure. None of the youth perceived racial bias by their court appointed attorney, although a significant number suggested their appointed attorneys did not perform their duties well or completely. Recommendations pertain to upgrading pertinent data collection, increasing the number of youth who receive legal counsel, and improving the quality of the representation. 47 references