Juveniles

Kristin Henning to Spend Semester at Yale

January 19, 2012 Current Events

They warned us about her at the Public Defender Service. On the eve of her presentation at the Juvenile CJA Panel training, they suggested we spend some extra time with our reading that night because Kristin Henning not only knew her Family Court rules, she would expect us to know them as well.  And, having [...]

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On Recusals: Offending the Judge, Protecting the Client

January 9, 2012 Criminal Procedure

A couple of years ago, a Court of Common Pleas judge in Philadelphia banned me from her courtroom for life.  Both the stenographer and her law clerk looked at me with sympathy when the judge issued the edict. Maybe they thought I would be upset. In fact, running a list in this judge’s courtroom was [...]

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Dealing with the Parents of a Juvenile Client

December 21, 2011 Juveniles

My client’s mother is annoyed with me.   She disagrees with her 16-year-old son’s decision to take his case to trial, and she is convinced I am the one who talked him into it.  She’s partially right; in this particular case, I did recommend trial.  But it does not matter if the child is 16 years [...]

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Blame the System, Not The Judge, In The Tyronn Garner Matter

November 15, 2011 Juveniles

What happens if I release him and he goes out and kills someone?  What happens if I release him and he goes out and gets himself killed? You know these questions are going through the judge’s mind every time a defense attorney argues for a client’s release.  It is the great unspoken in the court [...]

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A Lesser Standard for Proving Culpability in Juvenile Cases

August 26, 2011 Juveniles

During my first couple of weeks with the Juvenile Division at the Philadelphia Public Defender’s Office, I took what I believed to be a very strong case to trial. My client had been charged with aggravated assault against another young woman.  I had a couple of witnesses who testified that my client had actually intervened [...]

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A Message to Parents: On Venting About Your Child

August 2, 2011 Juveniles

You are upset when your child is arrested.  I understand you may also be angry, particularly when it is a second or third arrest.  What I can’t understand is when you go in front of a complete stranger – a social worker or a judge – and use them to vent your frustration with the [...]

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In Re Gault: “Constitutional Domestication” of the Juvenile Justice System

June 24, 2011 Criminal Procedure

There are only a small number of criminal cases that all lawyers, even those who don’t practice criminal law, seem to know.  Although Miranda v. Arizona is probably the most famous, there is also Gideon v. Wainwright (right to counsel), Wong Sun v. United States (suppression of illegally obtained evidence), Crawford v. Washington (right to [...]

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Police Reports in Juvenile Cases

May 19, 2011 Juveniles

One of the major differences I have found between representing a juvenile and representing an adult is that, in juvenile cases, there is usually a much greater similarity between what you read in the police report and what the client tells you.  

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The Youth Rehabilitation Act in D.C.

February 19, 2011 Criminal Procedure

A number of people have asked me recently about the Youth Rehabilitation Act (YRA) in D.C., which gives the court greater flexibility when sentencing a person who was under the age of 22 at the time of conviction. Enacted in 1985, the purpose of the YRA is to “separate youth offenders from more mature, experienced [...]

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On The Terminology and Fiction of Juvenile Justice

January 21, 2011 Juveniles

As a public defender in Philadelphia, I did a brief stint in the Juvenile Division representing young people accused of committing a crime. People told me before I started the rotation that I would either love working with juveniles or hate it; there didn’t seem to be any in-between. I found myself in the “love-it” [...]

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