what is the attorney role in prosecuting a juvenile

Prosecuting attorneys work every day in the juvenile justice system, giving them a unique understanding of the challenges that exist when children come into contact with the courts. As a result, they have an important role to play when reforms are underway.

Full Answer

What is the role of a prosecutor in juvenile justice?

Prosecutors serve on the front lines of the justice system, holding offenders accountable for their actions. Cases involving juvenile offenders present prosecutors with a unique set of challenges and opportunities. In recent years, a number of states have made policy changes to improve outcomes for youth offenders, ...

How much did Hawaii spend on juveniles in 2013?

In 2013, taxpayers spent about $200,000 for each juvenile offender committed to the Hawaii Youth Correctional Facility, but the state still struggled to control recidivism. Three in 4 youth were readjudicated as delinquent or convicted of new crimes as adults within three years of their release.

Why are youth removed from their homes?

Most committed youth were removed from their homes for misdemeanors, probation violations, and status offenses, such as truancy. Although commitments declined 20 percent from 2004 to 2013, the average length of stay in out-of-home placements increased by 27.5 percent to 15.3 months.

What is the task force recommendation?

The task force recommended that the state encourage diversion from the juvenile justice system, expand access to community-based interventions, and focus residential placements on youth who pose a public safety risk. These recommendations were codified in Senate Bill 73, which Governor Dennis Daugaard (R) signed into law on March 12, 2015.

Why is a juvenile defender important?

Advances in neuroscience and research in adolescent development illustrate why a juvenile defender’s role is so crucial to protecting the rights of young people. We know from everyday experience that youth and adults are different. Youth are more likely to act more impulsively, and succumb to peer pressure. What we see in every day youth behavior is borne out by the latest neuroscience and developmental science studies. Even the Supreme Court has taken note that, “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds”—for example, in “parts of the brain involved in behavior control.”iv Developmental research confirms that youth are less likely than adults to understand and anticipate the future consequences of their decisions and actions. Recent progress in brain imaging provides physical evidence to show that regions of the brain controlling decision-making and impulse regulation are the last to mature. The effects of this decision-making calculus are amplified in times of stress and anxiety.v Experts find that youth are able to make much better decisions when informed and unhurriedthan when they are under stress or the influence of peers or authority.vi

What is the guiding hand of counsel?

The Constitution requires that the “guiding hand of counsel” be available to all juveniles in delinquency proceedings.xv Despite this, a system for affording effective juvenile defense has yet to be fully established and implemented in the United States.

Do youth waive their rights?

Youth are frequently steered toward waiving their rights. From their first encounter with law enforcement where they may be asked to consent to a search, to the interrogation room where they are asked to waive their Miranda rights, to their initial hearing where they may be asked to waive their right to counsel, to their plea where they are asked whether they wish to waive their trial rights, the pressure is constant. In many Youth are frequently steered jurisdictions these waivers of rights happen prior to the appointment of counsel and without any assistance or toward waiving their rights. advice of counsel.

Do juvenile defenders have to be fluent in developmental considerations?

In addition to being fluent in developmental considerations, juvenile defenders must also have special training in juvenile court procedure. When representing clients in the juvenile justice system, the rules, hearings, players (youth, parents, probation, prosecutors and welfare officers), available options, challenges, and outcomes are likely to be quite different than what public defenders experience in the 4adult criminal justice system.

What is a juvenile prosecutor?

Juvenile Prosecutors and the Filing Process. A juvenile court prosecutor will first become involved when a case is submitted by the law enforcement agency involved in arresting or investigating the minor.

What is juvenile court?

Juvenile court operates under its own set of statutes and procedural rules and the goals of juvenil e court, namely the rehabilitation of juvenile offenders, is unique from the goals of adult court, where punishment often takes precedence over rehabilitation.

What is the burden of proof in juvenile court?

During the adjudication hearing, the prosecution has the burden of proof to establish that the minor committed the crime for which he or she is accused beyond a reasonable doubt. If the juvenile petition has been sustained, the prosecutor can argue for an appropriate sanction at the minor’s disposition hearing.

What is the purpose of Proposition 57?

Proponents of Proposition 57 sought to restore authority to juvenile court judges.

What is a juvenile attorney?

Juvenile attorneys handle matters dealing primarily with minors. A judge may appoint a juvenile attorney to make sure a child's interests are well represented. A juvenile attorney may be responsible for advocating for children whose parents are getting a divorce.

What is a guardian ad litem?

In a particularly contentious divorce, for example, a judge may appoint a juvenile attorney, or guardian ad litem, to make sure the child's interests are well represented. This type of appointment typically only happens if there is reason to believe the child may be in danger in some way.