Page 9 - Juvenile Practice is not Child's Play

that some children pretend to understand things they do not because they do not want people to think they are

“stupid.” It is your responsibility to take time to explain to your client what is happening to them, and verify they
fully understand by having them repeat what you said in their own words. Avoid using legal jargon--break things
down into concepts your client will understand. You may need to go through a similar process with the parents.

Make sure your client and parents realize the seriousness of the offense and what will happen if they break the law
again.

6. Avoid confinement but, if necessary, get the best placement for your client: You should make a
concerted effort to ensure that your client is not confined. If your client must be incarcerated, try to find a facility

close to home. Research has shown that incarceration of youth often leads to adult institutionalization and that
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detained youth fare better when placed in their local communities. Youth who are not placed in a setting designed
to meet their needs are at a greater risk of recidivism. It is your duty to conduct research in order to recommend

the best placement for your client at disposition. But try to consider placement only if it is inevitable and the best
legal option; remember, you are the attorney, not the guardian ad litem.

7. Your client is a child: Child offenders are more and more frequently treated like adult criminals, although they
are at widely different stages of human development. Extensive research demonstrates that adolescents develop

gradually and unevenly, and that chronological age and physical maturity are unreliable indicators of
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development. In fact, recent MRI studies have revealed significant structural brain development well into puberty,
enhancing our understanding of the extent of continuing development in teenage brains. Adolescence is a period

of dramatic cognitive, emotional, physical, and social development. The average teenager can exhibit mature and
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independent behavior one minute and an instant later, behave in an emotionally childish and impulsive manner.
Youths have a different sense of time and their memory works differently than that of adults, so lawyers should try
to be sensitive. Request shorter sessions in court and frequent breaks. Expect to resolve cases more quickly in
juvenile court than in adult court. Delays can be detrimental to a child, to whom 30 days in detention can seem like

a lifetime. Youths respond better when they are held accountable closer to the time of delinquent behavior.

8. Build rapport with your client early: If your client does not communicate with you and relate what happened,
you are not going to be able to properly represent him or her. Most youth are overwhelmed when they are brought

into the system and may be in trouble with their parents. As a result, the youth will tend not to be very
communicative. It is the job of the attorney to establish trust and open lines of communication as quickly as
possible. If it is possible, meet your client and their family before going to court; if not, get out of the courtroom

14 Patrick McCarthy et al, The Future of Youth Justice: A Community-Based Alternative to the Youth Prison Model (Oct. 2016),
https://www.aecf.org/m/resourcedoc/NIJ-The_Future_of_Youth_Justice-10.21.16.pdf
15 Beyer, Marty Ph.D., KENTUCKY CHILDREN’S RIGHTS JOURNAL Vol. VII, No. 1 (Spring 1999).
16 Id.