Juvenile Courtroom
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RESEARCH PAPER
1
Juvenile Courtroom Actors
Caitlyn C. Blakely
Helms School of Government, Liberty University
Author Note
Caitlyn C. Blakely
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Caitlyn C. Blakely.
RESEARCH PAPER
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Email: ccblakely@liberty.edu
Abstract
Examining the ever-changing duties of prosecutors and defense attorneys in juvenile
court, this research paper delves into their altered roles. Initially focusing on finding minors
liable to prosecution, they have come a long way. Typically, it is up to the prosecutor to appear at
all hearings before the judiciary while the defending counsel stands as an advocate for those
accused. Defense counsels, such as solicitors and lawyers, are privileged to represent clients in
trial proceedings with an accused-centered approach. This is especially important for both parties
involved – short or long trials require exceptional legal representation to help identify the best
strategies for protecting children. This paper will examine the pros and cons of judges taking on
dual roles within juvenile justice systems, serving as lawgivers while also acting like parental
figures.
Keywords: Contemporary Juvenile Justice, Prosecutor, Legal Representation, Minor, Defense
Counsel, Courtroom Roles.
RESEARCH PAPER
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Juvenile Courtroom Actors
The involvement of prosecutors and defense attorneys in trials involving young offenders
is crucial, with their roles extending beyond simply determining juvenile eligibility for
accusations. With the growing number of juvenile offenses being committed, these courtroom
actors have to take on extra duties to help improve how criminal matters are dealt with. It's
essential that they do so if we are going to continue making progress in this area. Kokkalera et al.
(2021) found that defense lawyers' duties extend far beyond just being an advocate for justice -
they also act as mediators and counselors, going the extra mile to reduce knife delinquency
through education initiatives and counseling roles outside of courtrooms. The paper examines
both prosecutors' and defense counsels' responsibilities; it shines a light on how significant legal
representation is while exploring all the pros and cons associated with judges who serve in
juvenile courts not only as lawmakers but also as parental figures.
Role of the Prosecutor in Juvenile Court:
The prosecutor in the juvenile justice system serves a multi-faceted purpose, safeguarding
the welfare and safety of their community at its core. Seeking to ensure justice for victims of
youthful criminal activity, they take action by initiating legal proceedings that are always driven
by what is best for everyone involved. In addition to informing those affected about case
decisions - such as dispositions or changes - prosecutors also preside over hearings pertaining to
plea agreements (Buss, 2022). The prosecutor wields great influence in juvenile legal
proceedings, as they have the ultimate say on whether a case is taken to court or resolved.
Referrals from police officers grant them discretion over opening and closing cases without
needing to justify their decisions, clearly demonstrating how significant of an impact prosecutors
can make.
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Role of the Defense Counsel in Juvenile Court:
Defense counsels are a crucial part of the juvenile court system, taking on many
responsibilities. Whether chosen by the client or appointed to them, they act as advocates for
juveniles who have been charged in court and always put their client's best interests first -
considering all aspects of their lives, such as educational background, family life, social status
and development (Buss, 2022). In this context, it is similar to an adult courtroom setting where
confidentiality and privacy rights must be maintained between defense counsels and their
clientele. Defense counsels are entrusted with a distinct responsibility to serve as the primary
decision-makers when it comes to safeguarding juvenile interests within legal proceedings. This
includes everything from processing and supervision, mental assessments, transfer issues,
probation requirements and custody matters (Sullivan, 2021). As well as this, they must ensure
confidentiality is maintained for their clients, denying parents access to any case documents
without first receiving consent from the minor in question. In addition, defense counsels have an
important role in carefully considering all aspects of each situation before determining how best
to close out current cases on behalf of those juveniles appearing before them. All told, then, these
professionals make a critical contribution towards providing equitable representation throughout
the juvenile court system - one that can shape futures for young people everywhere.
Importance of legal representation for both sides
The contemporary juvenile court system is highly reliant on legal representation from
both sides - defendants with defense counsel and the state with prosecutors. This is of utmost
importance for several reasons, primarily to ensure that accused children have their rights and
interests protected during proceedings. Having a competent defence lawyer present gives
caregivers, and those they represent peace of mind in knowing the process will be fair and just.
RESEARCH PAPER
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High-quality court representation is essential to ensure the smooth running of the minor
protection system and also to help identify optimal strategies for safeguarding children (Gupta-
Kagan, 2021). Legal counsel can make a big difference in tackling ancillary legal issues that may
put families at risk - such as domestic violence, accommodation concerns, welfare support or
employment prospects. It's particularly important when it comes to young offenders: with proper
guidance from lawyers, they have greater chances of reintegrating back into their family life
instead of being sent away for foster care. Prosecutors and state legal representatives ensure that
protocols and rules are continuously monitored, advocating for the children's best interests in
order to prevent unnecessary court proceedings (Espinosa et al., 2023). Judges then take center
stage as arbiters of these legal processes, judiciously deciding what they believe is ultimately
most beneficial for juveniles who appear before them.
Disadvantages and Advantages of the Judge Taking the Role of a Parent in Court
The dual role of judges as both lawgivers and parent figures in juvenile court proceedings
offers numerous benefits. For one, it can help to streamline the legal process by reducing
attendance at court hearings - a major plus for efficiency. Furthermore, with this approach comes
an advantage that other alternatives lack: Judges are able to provide a more holistic
understanding of the minor's situation, which enables them to address any number of issues, such
as substance use or theft from peers (Fedders, 2022). The involvement of caregivers in the lives
of juvenile offenders allows for more meaningful interactions and closer monitoring than an
approved officer might be able to provide. This extra attention can help these adolescents turn
their lives around as judges take on both a parental role and that of lawgiver, enabling them to
bring legal expertise when needed. Judges may also serve as mediators during court proceedings,
fostering open dialogue between all parties involved while making sure the young person's needs
RESEARCH PAPER
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are addressed with regard to custody arrangements, childcare or visitation requirements.
Ultimately, this extended engagement helps aid in rehabilitation from negative behaviors, which
is hugely beneficial for juveniles everywhere.
Despite the potential benefits of a judge's dual role in juvenile justice, there are notable
drawbacks. For instance, their increased involvement may be difficult for youth to adjust to and
impede personal development due to an overbearing parent-like figure offering heightened
scrutiny and correction (Fedders, 2022). Furthermore, such access to private lives can raise
concerns about privacy intrusion. The judge's careful oversight and corrections can be beneficial,
yet could also restrict the juvenile's independence and impede their everyday life. Finding a
balance between these two roles is paramount to ensure that positive guidance doesn't limit the
minor's autonomy or progress in relation to legal proceedings.
Conclusion
Conclusively, the roles of prosecutors and defense attorneys in juvenile court are
constantly changing and very important. Having both sides legally represented is essential to
protecting young offenders' rights while striving for better criminal justice outcomes. Judges
playing the part of lawgiver or parent can be beneficial but tricky; striking a balance between
streamlining legal proceedings without sacrificing juveniles' autonomy must be achieved. The
contemporary juvenile court system, with its many different actors involved, seeks to prioritize
youths' best interests alongside upholding fairness and justice within their decisions.
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References
Buss, E. (2022). What Can We Learn from the Federal Approach to the Prosecution of Juvenile
Crime?
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, 2089. https://www.bu.edu/bulawreview/files/2022/11/BUSS.pdf
Espinosa, E., Miller, E., Lona, B., Campos, A., & Sawyer, S. (2023). Dallas County Juvenile
Justice Case Disposition Process Evaluation: Examining the Facilitators and Barriers to
Juvenile Case Processing in Dallas County, Texas. Evident Change.
https://evidentchange.org/wp-content/uploads/2023/03/Dallas-CountyJuvenile-Justice-
Case-Disposition-Process-Evaluation.pdf
Fedders, B. (2022). The Anti-Parent Juvenile Court.
UCLA L. Rev.
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, 746.
https://www.uclalawreview.org/wp-content/uploads/securepdfs/2022/11/Fedders
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Gupta-Kagan, J. (2021). Beyond" children are different": The revolution in juvenile intake and
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https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?
article=4604&context=faculty_scholarship
Kokkalera, S. S., Tallas, A., & Goggin, K. (2021). Contextualizing the impact of legal
representation on juvenile delinquency outcomes: A Review of research and
policy.
Juvenile and Family Court Journal
,
72
(1), 47-71.
Sullivan, C. J. (2019).
Taking juvenile justice seriously: Developmental insights and system
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https://www.proquest.com/openview/c69b89e99342bbfd55de011907a7a1b9/1.pdf?pq-
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