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NCJRS Abstract

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NCJ Number: 134511 Find in a Library
Title: Legal Representation Under the Young Offenders Act (From Young Offenders Act: A Revolution in Canadian Criminal Justice, P 114-127, 1991, Alan W Leschied, Peter G Jaffe, et al, eds. -- See NCJ-134506)
Author(s): J C Pearson
Date Published: 1991
Page Count: 14
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Sale Source: University of Toronto Press
Marketing Manager
10 St. Mary Street
Suite 700
Toronto, Ontario M4Y 2W8,
Type: Legislation/Policy Analysis
Language: English
Country: Canada
Annotation: The Young Offenders Act of Canada emphasizes the juvenile's right to counsel and the importance of making youth aware of this right and able to use it; it does not require accused juvenile offenders to have legal representation.
Abstract: Thus, the law permits parents or other "suitable adults" to take the place of an attorney at every stage of juvenile proceedings. This approach is appropriate, because requiring counsel would deny the young person's freedom of choice and conflict with the law's view of youth as free and independent legal actors. The law has had a significant impact on the legal representation of minors by eliminating any lingering doubts regarding the legitimacy of the role of defense attorneys in the juvenile justice system. It has also established a legal context in which lawyers can maintain their traditional role on behalf of minors. The law makes legal aid more available to all youth regardless of their financial circumstances, although it has not solved all problems in this area. 61 reference notes
Main Term(s): Juvenile codes; Right to counsel
Index Term(s): Canada; Foreign juvenile justice systems; Juvenile court procedures
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