In Maryland, as in every state in the union, attorneys representing juveniles in criminal cases often have conflicting concerns. What happens, for example, when a strong juvenile defense strategy that would win the juvenile's case might not be in his or her best interest in terms of personal growth and development? Ultimately, a juvenile's attorney is hired to defend him or her, not to play parent.
This ethical rule of legal representation was emphasized late last month in a holding handed down by the Illinois Supreme Court. The court insisted that when attorneys feel conflicted between helping troubled youths and winning cases for their clients, it is the job of these professionals to present the best possible case for the juvenile's defense.
In the case before the court, a male teenager had been found guilty of sexually abusing two foster siblings living with him. However, the state supreme court determined that his right to a fair trial had been infringed upon, because his attorney had failed to present the young man's defense vigorously. In particular, the attorney had allowed his strategy to be influenced by the teen's parents and personal opinions regarding what might be in the young man's best interests in the long run.
As the majority noted, juvenile clients are entitled to the same kind of representation as adult clients are. Specifically, they are entitled to "an attorney whose singular loyalty is to the defense of the juvenile."
It is understandable that attorneys representing juveniles would feel compelled to act in what they believe the minor's best interests are. However, in criminal defense proceedings, juveniles are entitled to vigorous defense strategies and to attorneys who will carry them out.
Source: NWI.com, "Court: Even juveniles deserve strong legal defense," Christopher Wills, Aug. 30, 2012
catch me if you can delmon young arrested the raven the raven zerg rush david wilson playstation all stars battle royale
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.