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Full-Text Articles in Criminal Law
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Loyalty, Paternalism, And Rights: Client Counseling Theory And The Role Of Child's Counsel In Delinquency Cases, Kristin N. Henning
Georgetown Law Faculty Publications and Other Works
This Article seeks to identify an attorney-child framework that will (1) give substantive meaning to the child's constitutional right to counsel in delinquency cases, (2) satisfy the ethical mandates of the Model Rules of Professional Conduct, (3) have the flexibility to accommodate cognitive limitations while enhancing the decisionmaking capacity of children and adolescents, and (4) engage parents in various aspects of the delinquency case without compromising the sanctity of the attorney-client relationship or sacrificing the fundamental rights, dignity, and autonomy of the child client.
Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso
Developmental Incompetence, Due Process, And Juvenile Justice Policy, Elizabeth S. Scott, Thomas Grisso
Faculty Scholarship
In 2003, the Florida District Court of Appeal reversed the murder conviction and life sentence imposed on Lionel Tate, who was twelve years old when he killed his six-year-old neighbor. Since Lionel was reported to be the youngest person in modern times to be sent to prison for life, the case had generated considerable debate, and the decision was appealed on several grounds. What persuaded the appellate court that the conviction could not stand, however, was the trial court's rejection of a petition by Lionel's attorney for an evaluation of his client's competence to assist counsel and to make a …