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Juvenile Justice Reform 2.0, Tamar R. Birckhead
Juvenile Justice Reform 2.0, Tamar R. Birckhead
Tamar R Birckhead
Before the 1954 decision in Brown v. Board of Education, the United States Supreme Court’s exercise of judicial review did not support the notion that constitutional litigation could be an effective instrument of social reform. The Court’s principled rejection of racially segregated public education, however, gave new legitimacy to the concept of judicial review, transforming it from an obstacle into a principal means of achieving social progress. Since then, federal courts have impacted public policy in many areas – from housing, welfare, and transportation to mental health institutions, prisons, and juvenile courts. Yet, there are inherent structural challenges to effecting …
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Culture Clash: The Challenge Of Lawyering Across Difference In Juvenile Court, Tamar R. Birckhead
Tamar R Birckhead
In analyzing the causes of wrongful convictions of youth in juvenile court, the role of the defense attorney can be overlooked and its importance underestimated. Although juvenile defenders are trained to advocate based on their young client‟s expressed interest rather than relying on what they deem to be in the child‟s best interest, this basic tenet is often more challenging to follow than is commonly acknowledged. The norms of effective criminal defense practice—which emphasize rigorous oral and written advocacy with little mention of whether the client has learned a lesson from the experience—stand in direct contrast to the informal culture …