Does who appears before the juvenile court matter on adjudication and disposition outcomes? The interaction between client race and lawyer type

Abstract

It has been established throughout the juvenile justice literature that controlling for both legal and extra-legal factors, minority youth tend to receive disadvantaged juvenile court outcomes compared to similarly situated whites. Prior research has also found that the effect of legal representation on juvenile justice proceedings has produced differing viewpoints concerning the benefits and disadvantages of youth being represented by legal counsel. Using data from one Midwest state and one Northeast state, the present study examines the extent to which race impacts adjudication and judicial disposition decision-making, and if this effect is conditioned by the presence and type of legal counsel (public defender vs. private attorney). Results indicate that depending on the state and stage examined, the presence and type of legal counsel influence the juvenile court outcomes of white and black youth, although not always in the expected direction. Explanations in regard to the aggravating and mitigating effects of legal representation are discussed to more thoroughly comprehend under what conditions racial disparities occur throughout juvenile court proceedings.