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Results for waiver, of juvenile court juristiction

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Author: Woolard, Jennifer

Title: Waiver of Counsel in Juvenile Court

Summary: A valid waiver of the 6th Amendment right to counsel, a foundational due process entitlement, must be knowing, intelligent, and voluntary. Yet, many youth waive the right to an attorney in delinquency proceedings. Moreover, at the adjudication stage of delinquency proceedings waiver of counsel is, almost without exception, connected to an "admission," or guilty plea. Research suggests that adolescents’ immature psychosocial development may affect their decisional capacities regarding constitutional rights in ways that fully mature capacities would not. The goal of this study was to examine age-based differences in knowledge and beliefs regarding the role of counsel, presumptions about counsel, and maturity of judgment when making decisions about waiving the right to counsel or the right to trial in a plea context. One hundred twenty-five justice-experienced adolescents ages 11 to 18 and 96 parents completed semi-structured interviews assessing their understanding, beliefs, and decisions regarding the right to counsel and the right to a trial. Virtually all adolescents and adults believed having an attorney is better than waiving counsel. Adolescents differed significantly from parents in some aspects of understanding the role of lawyers as well as their assessment of risks and benefits of the right to counsel and taking a plea. However, a number of parents also held misconceptions about lawyers and pleas. Implications for changes in policy and practice are discussed.

Details: Final report to the National Institute of Justice, 2019. 42p.

Source: Internet Resource: Accessed July 16, 2019 at: https://www.ncjrs.gov/pdffiles1/nij/grants/253015.pdf

Year: 2019

Country: United States

URL: https://www.ncjrs.gov/pdffiles1/nij/grants/253015.pdf

Shelf Number: 156861

Keywords:
Juvenile Court
Juvenile Offenders
Juvenile Waiver
Waiver, of Juvenile Court Juristiction