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Date: April 30, 2024 Tue
Time: 3:27 am
Time: 3:27 am
Results for juvenile justice system (colorado, u.s.)
1 results foundAuthor: Puritz, Patricia Title: Colorado: An Assessment of Access to Counsel and Quality of Representation in Juvenile Delinquency Proceedings Summary: Despite the efforts of many talented and dedicated lawyers who practice in juvenile court, the juvenile indigent defense system in Colorado suffers from benign neglect. It is not that people willfully work against the system; there is just no concerted effort to work for it. The lack of statewide leadership, coupled with the lack of professional standards or a dedicated focus on juvenile defense, has left most defenders who practice in juvenile court without adequate support or in a system that largely depreciates their role. It is this type of neglect that fosters a constant minimization of juvenile court practice – the sentiment that it is just “kiddie court,” not a place for real lawyers. This lack of system accountability diminishes juvenile defense across the state and wreaks direct and collateral harm to youth who depend on it to protect their legal interests. There needs to be greater statewide leadership, vision, and uniformity in practice and policy. Without question, most lawyers who defend children—and many other professionals—share an authentic and abiding concern for the youth with whom they work. This concern, however, does not automatically translate into any genuine protection or realistic acknowledgement of a child’s due process rights. A signi!cant percentage of youth pass through the delinquency system without counsel, effective legal advocates, or adequate safeguards to protect their interests. The concern for the child’s perceived best interests often overshadows even the hint of due process, as the court and practitioners default to a pre-Gault, parens patriae style of system that has long been deemed unconstitutional. A strong juvenile defense system is critical to upholding constitutionally required due process protections for youth. Youth do not have uniform access to or appointment suf!ciently early in the process, and the quality of representation across the state is, at best, uneven. Indigence determinations and fees spur con"icts between parent and child that exacerbate widespread waivers of counsel. Despite the weaknesses in the juvenile defense system, the investigators routinely noted the high level of skill and professionalism exhibited in the courts, detention centers, institutions, and a range of programs and service centers visited across the state. Coloradans care deeply about their youth and about strong communities. To guarantee the fair and effective representation of youth through all phases of the delinquency process, the public defense system in Colorado must take serious steps to re-evaluate its commitment to the representation of youth, and then reallocate resources accordingly. Juvenile defenders must become more pro-active in ful!lling their duties and ethical obligations. Judges and other system professionals must embrace the role of the juvenile defender as vital in protecting the due process rights of children. Given geographical challenges and resource considerations, juvenile defenders will have to work with others to address and solve these problems – they cannot possibly be expected to solve these problems alone. Coloradans have an abiding interest in ensuring that the justice system is not the dumping ground for failing schools, mental health systems, or parents who want the state to control their children. The justice system should be reserved for those youth who must be there. When youth do have the misfortune of coming into contact with the justice system, the system must ensure the protection of their legal rights. As the United States Supreme Court indicated long ago, good intentions alone are not a substitute for a proper system of juvenile defense and due process.1 The judicial, legislative, and executive branches of government must work together with the public defense system, juvenile defense experts, and the community to build a modern and true juvenile defense system in Colorado. The time is now to improve this system and give it the attention it sorely lacks. Details: Washington, DC: National Juvenile Defender Center; Colorado Juvenile Defender Coalition, 2012. 96p. Source: Internet Resource: Accessed January 29, 2013 at: http://www.njdc.info/pdf/Colorado_Assessement.pdf Year: 2012 Country: United States URL: http://www.njdc.info/pdf/Colorado_Assessement.pdf Shelf Number: 127430 Keywords: Juvenile CourtJuvenile Justice System (Colorado, U.S.)Juvenile Offenders |