Full Description
This book examines how attorneys enable a meaningful opportunity for release for individuals sentenced to life as juveniles. The work provides a detailed overview of how legal representation facilitates opportunities for release for juveniles sentenced to life: "juvenile lifers". It contributes to the broader literature on the importance of legal representation in the criminal legal system by investigating the role of an attorney in the parole process. Drawing on interviews with lawyers and qualitative content analyses of attorney participation in parole recordings from one state, the study illustrates how attorney assistance provides an important due process protection in the highly discretionary context of parole. The analysis of attorney representation is situated in the history of how they became prominent in the criminal legal system, and how their assistance has been viewed as vital in the parole process. Prior criminological and legal research relates the impact a lawyer can have by preparing a juvenile lifer candidate to present a suitable narrative for release, one that relates their diminished criminal culpability and rehabilitative efforts to prepare for life beyond prison.
The work will be relevant to students, academics, and policy makers, particularly for state parole boards, public defender agencies, and legislatures. While the analysis is based on the experience of one state, the findings are generalizable to other states and countries that similarly conduct parole board hearings for not just their juvenile populations but also adults.
Contents
Acknowledgments
Table of Abbreviations
Table of Cases
Table of Legislation
Introduction: In Defense of Youth
1 The Meaning of a Meaningful Opportunity
The Supreme Court's View of Juvenile Lifers
Defining a Meaningful Opportunity
How Is Parole a Meaningful Opportunity for Release?
2 The Evolving Right to Legal Representation
The Constitutional Right to Counsel
A Juvenile Defendant's Right to Counsel
The Right to Counsel in Parole
3 What about Effective Legal Representation for Juvenile Lifers?
Defining Attorney Effectiveness
Attorney Effectiveness in Parole
4 Study Setting, Data, and Methods
Study Location
Data Sources
Analytical Methodology
5 Contextualizing the Role of Counsel in Parole
Protecting Rights
Preparing for Parole
Managing Expectations
Challenging Practices
6 Conclusion—In Defense of Juvenile Sentenced to Life
Due Process and Zealous Advocacy
Creating Meaningful Policies for a Meaningful Opportunity
A Call to Recognize the Defense of Youth
Bibliography
Index
