Both prosecutor and defence attorney play a critical role in the juvenile justice system. However, the juvenile system is more complicated due to the involvement of a child violating the law. Though the defence attorney protects the rights of the minor and at the same time aims at charges dismissal, acquittal or the advocating for minimum punishments or minor sentencing during the court hearing. I would opt to be a juvenile prosecutor as I would relentlessly focus on rehabilitation and protecting the interest of the minors. Juvenile prosecutors putting children on trial may sometimes be perceived as not in their best interest due to their vulnerability. However, a just sentence when it has been proven that the minor is guilty is probably beneficial for the juveniles as it will deter mischief, misbehaviour and minor wrongdoings. Sentencing children to the juvenile system is not the only means of dissuading crimes, as other ways like verbal warnings, community service, probation, fines, mandatory counselling sessions are among approaches that can be utilized for rehabilitating child offenders.
In the past, a juvenile attorney would guide the child through the judicial proceeding, but that has evolved into a system that is more punitive, thus giving rise to the juvenile prosecutor. This situation creates a conflict of interest for the juvenile prosecutor between protecting the best interest of the child and preserving the integrity of the courtroom as a judicial officer. Therefore, as a solution, juvenile prosecutors should expand their knowledge of children's development because research on the subject is developing over time, particularly on adolescents. This action would be beneficial in establishing the competence of a minor.
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Defence attorneys have an ethical dilemma in preserving the interest of their clients over their duty to the court as a judicial officer. An example would be a situation where a client reveals that they had murdered in the past, which would be credible information to offer the court over preserving the principle of advocate client confidentiality. A recommendation would be to protect the integrity of the courtroom because legislation has a moral backbone. After all, it is drafted based on the needs of human beings. Therefore, one could argue that the non-compliance of law is immoral to society.
Conclusion
In conclusion, adjudicative competence should be practised more to establish the capability of a minor to undergo a trial to make it ethically easier for the juvenile prosecutor. This practice will reduce the possibility of a child experiencing the judicial system without understanding the illegality of their action or inaction.
Reference
Gupta-Kagan, J. (2018). Rethinking family-court prosecutors: Elected and agency prosecutors and prosecutorial discretion in juvenile delinquency and child protection cases. The University of Chicago Law Review, 743-825.
