Counsel for Juveniles

Feb 13, 2009 12:48

Hey lawyer folks! What do you think of this story? I wonder why only Illinois, New Mexico and North Carolina require juveniles to have representation when they appear before judges. Would requiring juveniles in other states to have representation overwhelm the system? Not enough public defenders? Do juveniles get better deals generally when ( Read more... )

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paladin_of_gaia February 13 2009, 19:08:57 UTC
That's awful...

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bicoastal February 13 2009, 19:21:11 UTC
So, I work in the San Francisco Office of the Public Defender, in the juvenile unit. Here every minor accused gets either a public defender or what is called "conflicts counsel" - private defenders who handle the youth whose representation creates a conflict of interest for our office. We have 8 lawyers, two investigators and four social workers/youth advocates. It in no way overwhelms the system, though there's some political brouhaha over our budget right now ( ... )

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bicoastal February 13 2009, 19:23:25 UTC
I mean, dear god. How the hell can a minor representing himself serve subpoenas to compel witnesses to court? Or subpoena the phone records, video surveillance footage, etc. that may exonerate them? Or know the law in and out so that they can prove that the police search was unlawful, or that Miranda wasn't properly invoked, or that the actual actions do not meet the definition of the crime? It's shocking.

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marcus_sez_vote February 13 2009, 20:14:10 UTC
I ought to look into it more closely. The article could be incorrect about the states...though perhaps it's more a decision made by district/city/county? Sounds like San Francisco is committed to this, but I would not be surprised if other areas were less concerned...or more overwhelmed with crimes they deem a "higher priority".

Be well.

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