Meeting the Mandates of Gault: Automatic Appointment of Counsel in Juvenile Delinquency Proceedings. (11th September 2019)

• Record Type: Journal Article
• Authors: Scali, Mary Ann
• Is Part Of: Juvenile & family court journal. Volume 70:Number 3(2019)
• Page Start: 7
• Page End: 23
• Publication Date: 2019-09-11
• Subjects: appointment of counsel -- child -- constitution -- counsel -- defense -- delinquency -- Gault -- juvenile court -- juvenile defense -- lawyer -- specialized -- qualified -- youth; Juvenile justice, Administration of -- United States -- Periodicals; Juvenile courts -- United States -- Periodicals; Domestic relations courts -- United States -- Periodicals; 346.015
• DOI: 10.1111/jfcj.12143
• Languages: English
• ISSNs: 0161-7109

Abstract

Abstract: In 1967, the United States Supreme Court ruled that children facing delinquency charges have a constitutional right to defense counsel. Despite that mandate, state assessments of juvenile defense systems have consistently found high rates of waiver of counsel. Children are facing harsh punishments with potentially lifelong consequences without the benefit of a trained defense attorney at their side. Given the severity of the consequences of juvenile court involvement and society's understanding of the developmental science behind adolescence, this article argues that to meet constitutional requirements, juvenile courts must automatically appoint defense counsel for all children facing delinquency charges.