Page 37 - Juvenile Practice is not Child's Play

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the minority youth population in 2017 was nearly 67 percent, the rate of detention and commitment still
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exceeded the population.

Perceptions of racial bias depend largely on people’s backgrounds and experiences. In 1999, An American Bar
Association survey of more than 1,000 lawyers revealed that 52.4 percent of black lawyers and only 6.5 percent of

white lawyers believe that there is “very much” racial bias in the justice system. Moreover, while 29.6 percent of
white lawyers believe there is “very little” racial bias in the system, only 1.2 percent of black lawyers feel the same
way. 20 years later, 9 in 10 black adults (87%) said blacks are generally treated less fairly by the criminal justice
system than whites, a view shared by 61% of white adults. This demonstrates that while there is an increased

recognition in racial disparity it (a) still is not being addressed and (b) there is still a gaping perceptual disparity
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between racial groups.

4. Language or Hearing Impairment
A youth’s inability to fully comprehend the English language is likely to increase their difficulty in understanding
the charges brought against him or her, as well as other elements of their case. Get an interpreter if you are unable

to adequately communicate with your client due to a language barrier.

5. Nationality/Immigration Implications
If your client is a legal resident but not a U.S. citizen, they may not be deported merely because they have committed
a juvenile delinquent act. The Board of Immigration Appeals decided in In re Miguel Devision-Charles that since a
youthful offender’s adjudication is not an adult conviction, it does not necessarily constitute a “conviction for
immigration purposes' ' as in an adult case. If your client is placed in detention, you should nonetheless ensure that

the appropriate national embassy or consulate is notified, which is your client’s right according to the Vienna
Convention.

The Board of Immigration Appeals has consistently held that juvenile delinquency proceedings are not criminal

proceedings and that a finding of juvenile delinquency is not a conviction for immigration purposes.
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32 https://www.ojjdp.gov/ojstatbb/population/qa01103.asp?qaDate=2017
33 https://www2.tjjd.texas.gov/statistics/2016_DataCoordConf/14understandingdisparity.pdf
34 https://www.americanbar.org/news/abanews/publications/youraba/2019/december-2019/how-to-confront-bias-in-the-criminal-
justice-system/
35 KIND - Immigration Consequences of Delinquency and Crimes Chapter 10; https://supportkind.org/wp-
content/uploads/2015/04/Chapter-10-Immigration-Consequences-of-Delinquency-and-Crimes.pdf