Defense Attorney

Abstract

The defense attorney's role in juvenile courts is similar to that of an attorney appearing in adult felony court. Defense attorneys in juvenile matters, however, must deal with the social welfare mission of the court rather than the public safety and punishment mission of the adult system. Furthermore, a growing body of research suggests that being represented in the juvenile system can backfire, resulting in a more serious case outcome. This counsel penalty, while paradoxical, comes from the foundational principles of the first juvenile justice courts that sought to treat young offenders even if their due process rights were minimized. Defense attorneys must, therefore, balance their role as a zealous advocate with the best interests mission of the juvenile court system.