Due Process Protections for Youth by Emily K. Pelletier

Author:Emily K. Pelletier [Pelletier, Emily K.]
Language: eng
Format: epub
ISBN: 9780367002015
Barnesnoble:
Publisher: Taylor & Francis
Published: 2019-12-05T00:00:00+00:00

If the court is required to “inform youth of the right to counsel at multiple stages of the proceeding, even if waived earlier,” the state policies fall into this category. This policy protects the youth’s right to counsel even after waiver, by allowing the court to appoint counsel if the youth changes his or her mind after initial waiver of counsel at the start of the court proceedings. Similarly, if state policies allow for the “appointment of standby counsel” to assist youth after waiver of counsel and requesting counsel, the state policies fall into this category. As an example, in Pennsylvania, “If a child waives the right to counsel, the court may appoint stand-by counsel” (42 Pa. Cons. Stat. Ann. § 6337.1(b)(4), 2013).

Based on the previous categories, the theme for the waiver of counsel has a potential score range from 0 to 17. Analysis of the policies resulted in a statistical range of 10 with a mean of 4 and a standard deviation of approximately 3. These descriptive statistics indicate considerable variation in state policies but still indicate much room for improvement with the mean of 4.

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