"Under our Constitution, the condition of being a boy does not justify a kangaroo court."
- In re Gault (1967)
Children accused of delinquent acts have a Constitutional right to be represented by an attorney in the proceedings against them. But nearly all accused Michigan children either are denied counsel, waive counsel without understanding the potentially catastrophic consequences, or are represented by attorneys who lack the resources and training to provide effective representation.
Federal studies estimate that 50 to 75 percent of incarcerated children have diagnosable mental health disorders and nearly half have substance abuse problems. Many of these children might have avoided the justice system altogether if the defense attorney had the time and resources to explore options for treatment, counseling and other support services proven to be far more effective than incarceration at stopping the cycle of crime.
Ineffective defense can be devastating for families and children. Families are broken apart and long-term outcomes are worse for incarcerated children.
Michigan's public defense system fails our children.
Children are frequently advised to waive counsel, without adequate information about the potential for severe consequences.
Public defense attorneys in Michigan have caseloads that far exceed national standards - making it virtually impossible to effectively represent their young clients.
Children are often advised to plead guilty before their attorney has conducted a factual investigation of the case.
In some counties, different attorneys often represent a child at each stage of the proceedings. That means critical information, along with the trust of a child in his or her attorney, can be lost in the process. The attorney is then ill-equipped to pursue solutions that address underlying problems.
Many attorneys lack training or experience specific to juvenile delinquency, because there are no statewide training requirements and there is little training available for attorneys representing juveniles in delinquency proceedings.
There is little to no funding for investigators, experts, or specialists in adolescent development, who are critical to building arguments that could make a decisive difference.
Michigan's children deserve a justice system that works for all.
A public defense system that has adequate state funding and meets national standards would train and equip defense attorneys to address the needs of Michigan's most vulnerable and marginalized children.
"Juvenile justice representation is considered in many ways as an afterthought all across the state of Michigan. As inadequate as adult representation is, the treatment of kids in delinquency proceedings is far worse."
- David Carroll, National Legal Aid & Defender Association, "A Race to the Bottom: Speed & Savings over Due Process - A Constitutional Crisis"
Children accused of delinquent acts have a Constitutional right to be represented by an attorney in the proceedings against them. But nearly all accused Michigan children either are denied counsel, waive counsel without understanding the potentially catastrophic consequences, or are represented by attorneys who lack the resources and training to provide effective representation.