As a parent you hope that your child will grow up healthy and happy. You are there for them when they start school, when they fall off their bike and when they pass or fail their exams. Sometimes being a parent also means being there for your children even when they disappoint you. For parents of those children who break the law this can be a difficult time. On one hand you want your child to learn a lesson about committing crime but on the other hand your protective instinct kicks in and you feel the need to protect them from an even greater threat, that of the juvenile justice system.
Ten Points On Juvenile Offenses
Over recent years as the child protection system has grown so have developments in the protection of children in the justice system. In order to offer the best support and protection to your children who have committed an offence it is important to know some key aspects of the juvenile justice system, and also the area of juvenile defense work.
1. Every juvenile who comes before the court will be appointed with counsel. However you may also, as a parent, choose to hire the best lawyer to defend your child. The lawyer selected should be trained in juvenile justice matters and the representation of children. While you may normally use a particular law firm for business and personal legal issues defending juvenile offenders is a very specific area and the best lawyer for your child is one that has all the necessary experience.
2. It is important that you, the parent, understand that while the lawyer should forge a productive relationship with you ultimately the client is your child. While you may feel it is your parental responsibility to be present throughout all interaction between the lawyer and your child this may ultimately not be the best thing for your child. The lawyer must also gain the trust of your child and build a relationship. Therefore you should understand that your role is crucial as a support to the lawyer but at times you will have to take a step back. Under the Juvenile Justice Standards the child is the client and therefore has control of the decision making in regards to their case. It is imperative that you do not let your emotions cloud the issue of your child being in control of the decision making. At all times the lawyer will also be advocating for the best interests of the child.
3. The primary focus of the juvenile justice system is based around the idea of rehabilitating juvenile offenders rather than punishing them. Therefore you will have more interaction with a range of specialists such as education psychologists and social workers. This reflects the vulnerability of juvenile offenders as opposed to adult offenders. In many states the juvenile court is located within either the civil court or family court division.
4. It is important that you provide any necessary evidence which can demonstrate the good moral character of your child. This includes school reports, membership of local community organizations, sporting teams etc. If you can help your child’s lawyer to demonstrate that rehabilitation would be better carried out in a non-detention setting you may be able to steer the disposition away from the option of imprisonment. It is also a positive step to source reliable references as to your child’s character which may demonstrate that the commission of a criminal activity was out of character for your child.
5. To demonstrate the existence of a supportive and caring home may also be crucial to the decision making of the judge in regards to impose detention or not. As a parent your continued presence at the hearings is very important as is the way you treat the judge and other officers of the court. By demonstrating respect you therefore provide the judge with a sense of the home environment as being stable and respectful. Although at times it may be difficult to restrain from speaking when you hear the prosecution discussing your child, it is in the best interests of everyone for you to do so.
6. It is important that you as a parent understand that while your child is your primary concern the state itself must weigh the interests of your child against those of society in general. If your child has committed a vicious assault against another individual the state will have to address the need for detention as a means of protecting society while rehabilitation is carried out. However if your child has attacked property these same considerations may not be necessary.
7. Different terms are used in the juvenile justice system than in the adult criminal system. The word defendant is replaced by respondent. Rather than being called a trial it is called adjudication. Instead of a sentencing hearing the court will carry out a disposition.
8. The rights of juveniles are similar to those of adults in terms of due process protections such as the Fifth Amendment Right to Silence. However unlike adults within the criminal justice system juveniles have no Constitutional right to a trial by jury.
9. Juvenile offenders can be tried within an adult court if it is felt this would be a more appropriate setting. This can occur when the offender already has a previous criminal record, or if the crime committed was particularly severe. Another ground for pursuing the matter in adult court may be if others were also involved in the offence and they are adults.
10. An increasing number of states are now adopting the idea of blended sentencing for juveniles. Almost a third of states have recognized that for some cases neither the juvenile system nor the adult system is fully appropriate. Therefore the offender may pass through the juvenile system at first and into a juvenile detention center; however this will be reassessed when they reach their 21st birthday.
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