What It Means to Lack an Attorney
Last year, I met a 15-year-old who was detained after a verbal and physical altercation at home. A moment of crisis that should have prompted compassion and immediate support for them instead marked the beginning of a painful and avoidable journey through the juvenile justice system.
The youth, who has a long history of family conflict, trauma, and mental health challenges, was not offered counseling or community-based intervention. Instead, they were placed in a detention facility, where they remained for a month without access to an attorney. In this space, their mental health steadily deteriorated due to the traumatic nature of the facility. The youth described the experience as feeling like they had been “thrown away.”
It wasn’t until they met with an attorney that they were finally released. But the disruption to their life had already left lasting consequences on their mental health. This was a child that needed an advocate with robust knowledge of the juvenile justice system to intervene quickly.
This case is not an anomaly. What happened to this youth is the sort of harm that happens when young people lack access to meaningful defense services. Unfortunately, the current state of the juvenile legal defense system is inconsistent at best. While some youth technically receive counsel, their attorney may lack any training or meaningful experience working with young people.
The result is dire for our children and families. A child might accept an unjust plea deal because they don’t understand enough about the law or their situation. For others, they may remain in detention much longer than necessary, or be given harsher dispositions that take them away from education, family, and their community. This is an unfair burden to place on kids who need support. Unnecessary involvement in the justice system leads to lifelong consequences.
In Michigan, an overwhelming percentage of kids in detention or residential placement are there for non-violent offenses. This impacts all of our communities. In Michigan, a working paper found that placement in a detention facility reduced the likelihood of high school graduation by 31 percent. Another study found that youth who have been detained are more likely to repeat a grade and significantly more likely to end up incarcerated as adults. The National Longitudinal Study of Adolescent to Adult Health found that when youth are incarcerated they had worse health outcomes as adults, including depression and suicidality.
A public defender with the right training can make a world of difference. They can identify and flag competency concerns that might otherwise go unnoticed. They can advocate for age and situation appropriate interventions as alternatives to out-of-home placement. Most of all, they can help the youth being charged understand the court process.
There is currently a bipartisan bill in the state house that would establish standards and infrastructure to improve juvenile defense in Michigan: HB 4070. As part of a fair and effective justice system, our youth should be able to quickly access an attorney who has been equipped with the resources and training needed to support them. This bill would help ensure that outcome. No kid should walk into a courtroom alone – or be left in detention feeling thrown away.
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Jen Peacock, Michigan Center for Youth Justice Policy Director
