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Negotiating with parents: Attorney practices in the juvenile plea bargain process
Erika N Fountain1, Jennifer Woolard2
1Department of Psychology, University of Maryland, Baltimore County.
Law and Human Behavior
|June 10, 2021
Summary
Attorneys involve parents in juvenile plea bargains, seeking their input due to potential impacts and court requirements. Managing parental interests alongside the child's rights is crucial for effective legal representation.
Area of Science:
- Legal Psychology
- Juvenile Justice
- Criminal Law
Background:
- Plea bargaining research primarily focuses on adult court.
- Juvenile court plea bargaining involves unique factors, notably parental involvement.
- The extent of parental involvement in juvenile plea bargain discussions remains under-explored.
Purpose of the Study:
- To investigate the extent and nature of parental involvement in juvenile plea bargain discussions.
- To understand attorneys' perspectives on including parents in the juvenile plea process.
Main Methods:
- Qualitative interviews were conducted with eighteen defense attorneys from a juvenile public defender's office.
- Attorneys discussed their most recent case that concluded with a plea bargain.
Main Results:
- Parents were frequently included in plea negotiations and hearings.
- Attorneys sought parental input because parents can be affected by plea terms and court approval is often required.
- Parents provided input on their child's plea competency, disposition plans, and agreement with guilty pleas.
Conclusions:
- Parental interests may be significantly impacted by plea agreements, necessitating their consideration.
- Attorneys must navigate potential conflicts between parental and child interests.
- Educating and managing parents' understanding of juvenile rights and plea processes is essential for defense attorneys.
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