Dilemma of Duties: The Conflicted Role of Juvenile DefendersThe role of a juvenile defender is riddled with conflict, and clients are uniquely challenging because of their lack of life experience and their underdeveloped decision-making abilities. In Dilemma of Duties, Anne M. Corbin examines the distinct function of defense counsel in juvenile courts, demonstrating the commonplace presence of role conflict and confusion, even among defenders in jurisdictions that clearly define their role. This study focuses on juvenile defense attorneys in North Carolina, where it is mandated that counselors advocate for their client’s wishes, even if they do not agree it is in the client’s best interest. In Dilemma of Duties, Corbin outlines patterns of role conflict that defenders experience, details its impact on counselors and clients in the juvenile justice system, and addresses the powerful influence of the juvenile court culture and the lack of resources for defenders. Tasked with guiding these children, counselors frequently must contend with and manage their clients’ general distrust of adults as they attempt to serve as their voices to the court. Understanding how juvenile defenders define their role and experience role conflict provides valuable insights into our juvenile justice system, especially its role in upholding due process rights. Such knowledge points to the importance of the training and practices of juvenile court functionaries and the efficacy, credibility, and legitimacy of the juvenile justice system itself. |
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Contents
Introduction | 1 |
1 History of the Juvenile Defender Role | 10 |
2 The ModernDay Juvenile Defender | 18 |
3 Juvenile Defender Role Conflict | 39 |
4 Zealous Advocate for Whom? | 55 |
5 Land Mines | 85 |
6 Jungle Gyms | 123 |
7 Navigating Land Mines | 139 |
Juvenile Defender Role Conflict | 201 |
Coping Responses to Role Conflict Interview Protocol | 203 |
Coping Vignettes | 204 |
Notes | 207 |
209 | |
219 | |
About the Author | 225 |
About the Series | 226 |
8 Concluding Thoughts and Future Research | 176 |
Methods Details | 197 |
Juvenile Defense Practice and Performance Participant Form | 199 |
Back Cover | 227 |
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Common terms and phrases
adult adversarial adversary system advo assessment attorney’s best-interests advocates Birckhead chapter conflicting expectations coping responses coping with role court counselors court system courtroom functionaries criminal declined to identify defense attorneys Defense Standards despite dilemma disposition stage due process effective ethical example experienced attorneys experienced group experienced participants explained expressed-interests advocacy expressed-interests advocate role feel Gault going Grindall & Puritz identify advocate type indicated interests advocate interview judge justifiable juvenile clients juvenile court juvenile defender role juvenile justice system juvenile process juvenile respondents juvenile’s lack land mines lawyers least experienced NCOJD North Carolina outcomes parens patriae parents Participant 005 participants identified participants reported percent pressure to depart prioritize professional prosecutors pushback question recognized rienced right to counsel role conflict experiences Role Statement scenario social capital sources of role study’s tension or stress there’s understand viewed role departures vignette zealous advocate role