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| Speaking for the Children: A Hard Look at the State of Juvenile Defense Across the U.S. |
| By jjie.org |
| Published: 11/12/2013 |
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“Due process is the primary and indispensable foundation of individual freedom," Supreme Court Justice Abe Fortas wrote in the majority opinion of the Court’s landmark 1967 juvenile justice decision, In re Gault -- a decision that established that under the Constitution, juveniles in delinquency proceedings are guaranteed many of the same due process rights as adults in criminal trials. But today, nearly a half-century after the Gault case began, due process rights remain elusive for thousands of juvenile defendants facing felony charges that could lead to years of incarceration. Attempting to fill the void when possible are the often over-worked juvenile public defenders. But in many jurisdictions, juveniles are not even appointed a defense attorney until after their first hearing -- a hearing in which a judge will decide if the youth will be held in detention or released. Read More. |
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