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NCJRS Abstract

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NCJ Number: 64750 Find in a Library
Title: DEVELOPMENTAL ISSUES AND THEIR RELATION TO DUE PROCESS IN THE FAMILY COURT (FROM ADOLESCENT PSYCHIATRY, VOLUME 7 DEVELOPMENTAL AND CLINICAL STUDIES, 1979, BY SHERMAN C FEINSTEIN AND PETER L GIOVACCHINI)
Author(s): M G KALOGERAKIS
Corporate Author: University of Chicago Press
United States of America
Date Published: 1979
Page Count: 6
Sponsoring Agency: University of Chicago Press
Chicago, IL 60637
Format: Document
Language: English
Country: United States of America
Annotation: THE ATTORNEY'S DILEMMA IN DEFENDING JUVENILE DELINQUENTS IS PRESENTED AND A SOLUTION IS SUGGESTED.
Abstract: AS A RESULT OF THE GAULT DECISION (1967), CHILDREN BEFORE JUVENILE COURTS ON A CHARGE OF DELINQUENCY HAVE TO BE GIVEN TIMELY NOTICE OF CHARGES, NOTIFICATION OF THE RIGHT TO COUNSEL AND OF THE PRIVILEGE AGAINST SELF-INCRIMINATION, THE RIGHT TO CONFRONT AND CROSS-EXAMINE WITNESSES, AND THE RIGHT TO REMAIN SILENT. IN IMPLEMENTING THE DUE PROCESS RIGHT OF JUVENILES, THE PROBLEM FREQUENTLY ARISES THAT A LAW GUARDIAN REPRESENTING THE YOUTH FINDS HIMSELF ARGUING FOR THE DEFENDANT'S FREEDOM, WHEN IN REALITY A CONVICTION (LEADING TO TREATMENT AND OTHER EDUCATIONAL MEASURES) WOULD BE IN THE DELINQUENT'S OWN BEST INTEREST. IF THE LAWYER FAILS TO DEFEND HIS CLIENT TO THE BEST OF HIS ABILITY, HE IS ACTING UNETHICALLY. THE ADVOCATES OF THIS PRINCIPLE OF BEST DEFENSE OVERLOOK THAT THE ADVERSARY PROCEDURE ACTUALLY APPLIES TO ADULTS. MOREOVER, NUMEROUS DIFFERENCES EXIST BETWEEN ADULT AND JUVENILE DEFENDANTS: (1) THE DEPENDENCE OF JUVENILES ON THEIR PARENTS, (2) THEIR INCOMPLETE COGNITIVE DEVELOPMENT, (3) THEIR INCOMPLETE BRAIN DEVELOPMENT UNTIL THE AGE OF 18, (4) ADOLESCENT STRUGGLES WITH INDIVIDUATION, (5) FREQUENT GUILT FEELINGS RESULTING FROM THIS STRUGGLE, (6) THE NEED TO HAVE STRICT LIMITATIONS, AND (7) THE UNRELIABILITY OF JUVENILE VERBAL EXPRESSIONS. TO PROTECT JUVENILES' RIGHTS TO DUE PROCESS AS WELL AS THEIR BEST INTERESTS, EACH JUVENILE SHOULD BE REPRESENTED IN COURT BY A LEGAL GUARDIAN WHO IS QUALIFIED TO DETERMINE WHAT WILL BENEFIT THE JUVENILE. SINCE LAWYERS HARDLY POSSESS THIS QUALIFICATION, PSYCHOTHERAPISTS, PSYCHOLOGISTS, OR SOCIAL WORKERS (WITH SOME COURT EXPERIENCE) SHOULD REPRESENT JUVENILES IN FAMILY COURTS. REFERENCES ARE PROVIDED. (SAJ)
Index Term(s): Defense counsel; Defense counsel effectiveness; Family courts; Juvenile due process; Psychological evaluation
Note: REPRINTED FROM JOURNAL OF PSYCHIATRY AND LAW, V 3, N 4 (WINTER 1975)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64750

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