Representing
the Whole Child: A Juvenile Defender Training Manual
A Southern Juvenile Defender Center Publication
Written by:
Amy Howell
Brooke Silverthorn
|
Edited by:
Karen Worthington,
Hon. Bryant Culpepper,
Lisa Lott,
Mark Nathan
and
Linda Pace
|
This publication
was made possible through a grant from the Children and Youth Coordinating
Council
September 2004
INTRODUCTION
(Excerpt)
Juvenile
Defense is a specialty within the legal field. The ability to provide
competent and zealous advocacy is enhanced by specialized knowledge
of juvenile law, adolescent development, and the unique legal considerations
for juvenile clients. Juvenile clients should be given the same respect
and autonomy as their adult counterparts.
Attorneys
who are assigned or accept a juvenile case need to be equipped with
an understanding of the law, court procedure, alternatives to detention,
and the special needs of the client, to ensure that the purpose of
the juvenile code is carried out.
The
Need for this Manual
The 2001
American Bar Association Georgia Assessment of Access to Counsel and
Quality of Representation in Delinquency Proceedings documented the
need for quality legal representation for youth in Georgia. Among
the many comments on the juvenile court system, the report made note
of the lack of training and professional development for juvenile
defense attorneys. One of the recommendations of the report was to
develop and support comprehensive training opportunities for juvenile
defense attorneys.
The
Purpose of this Manual
This manual
was created to provide juvenile defense attorneys with a general guide
to appropriate and zealous advocacy on behalf of youth in juvenile
court delinquency or unruly proceedings.
The manual
takes a holistic approach to juvenile defense, evaluating all the
factors that may have contributed to delinquent behavior to assist
with proper representation and handling through the system. It is
the goal of the authors to assist juvenile defense attorneys with
recognizing a youth's many areas of need to ensure zealous advocacy
and the provision of appropriate disposition options.
TABLE
OF CONTENTS
I. INTRODUCTION
II. HISTORY OF THE JUVENILE COURT
III. BASICS OF JUVENILE DEFENSE
A. Definition
of a youth
B. Commonly Used Terms in Juvenile Court
C. The Role of a Juvenile Defense Attorney
D. Case Flow Map
E. Summary of the Georgia Juvenile Court Process
F. Ethics
IV. ATTORNEY-CLIENT
RELATIONSHIP
A. Attorney
Client Conference
B. Preparing the Client for Court
V. PREPARING
YOUR CASE
A. Discovery
B. Investigation
C. Witnesses
D. Confessions
E. Charge/Plea/Disposition Bargaining
VI. WHO
IS THE CLIENT AND WHAT DOES HE/SHE NEED?
A. Mental
Illness, Mental Retardation, and Developmental Disabilities
B. Comptency
C. Race/Ethincity and Culture
D. Gender
E. Lesbian, Gay, Bi-Sexual, Transgender, Intersex or Questioning "LGBTIQ"
Youth
F. Immigration
G. Other Areas of Client Advocacy
1. Educational
Needs
2. Common Disabilities
3. School Discipline
4. Housing
5. Medicaid/ Medical Care/Public Benefits
6. Employment
7. Domestic Violence/Abuse/Neglect
8. Reproductive Rights
9. Substance Abuse
VII.
TRANSFER
A. Senate
Bill 440 / Automatic Transfer Statute
B. Transfer Hearings
C. The Eight Determinative Factors for Transfer- Kent v. U.S.
VIII.
HEARINGS
A. Adjudication
B. Disposition
IX. DETENTION
A. Detention
Hearings
B. Detention Procedures
C. DJJ'S Alternatives to Detention
X. DEPARTMENT OF JUVENILE JUSTICE POLICIES & PROCEDURES
XI. POST
DISPOSITION APPEAL ISSUES
A. Appeals
B. Modifiction of Disposition
C. Motions to Tterminate
XII.
SEALING JUVENILE COURT RECORDS
XIII.
APPENDIX
A. GLOSSARY
B. USEFUL WEBSITES
C. TOOLS & FORMS
D. RESOURCES
Read the
Manual The manual is in PDF form if you do not have Acrobat Reader
click the link below to download the program.
To order
a printed copy of the manual or a copy on CD-Rom disc please contact SJDC for further information.
