Attorney-Client Communication
This resource from Citizens for Juvenile Justice offers practical guidance for immigrant youth and families interacting with the juvenile legal system. From the resource: “A young person learning that they are being summoned to appear in juvenile court can be stressful. This is especially the case when a young person is from an immigrant background,…
The 1st District Court of Appeals of Illinois held that an individual is entitled to a new trial due to ineffective assistance of counsel where defense counsel failed to communicate sufficiently with their client and investigate a witness that was flagged by the client. The court stated in relevant part: An attorney’s failure to communicate…
From the Introduction: “Currently, there is an overrepresentation of youth with communication disorders in the juvenile justice system (JJS) compared to the general population (Anderson et al., 2016; LaVigne & Rybroek, 2011). Current research also suggests that once a youth offender has entered the JJS, their odds of having further involvement in the JJS increases,…
This affidavit written by Legal Ethicist Abbe Smith outlines the ethical quandaries posed by Florida’s direct file transfer laws and calls into question the legality of such laws based on adolescent development research. The affidavit states in relevant part: “The prosecutorial practice of direct file plea-bargaining without defender/child knowledge of the case’s strengths and weaknesses…
On March 13, 2015, the U.S. Department of Justice filed a Statement of Interest in a lawsuit challenging the deprivation of children’s right to meaningful representation in the Cordele Judicial Circuit of Georgia. In upholding the constitutional necessity of youth defense specialization, the DOJ asserted, “The right to counsel means more than just a lawyer…
The delinquent act itself is often the primary basis for determining intention and competency of children under 18 in adult or juvenile court. But behaviors result from one or more of a diverse range of factors, each of which has different effects on decision-making. The capacity of juveniles to plan or to stop an action…
