On Tuesday, I am acting as a defense attorney in Peer Court (a system where high-school kids are put on trial for real crimes by other high school kids). It seems to me I should have been given more time to build my case than the week I've been granted. It doesn't seem very fair to me that these kids should put their fates into the hands of inexperienced teens when said teens have no notice to learn how this whole thing works. I will be presenting my case in front of judge and jury, and the prosecution will be there, just like in an adult trial. Unlike an adult trial, my "clients" will be forced to take the stand and will have to answer any questions, violating their 5th amendment right to silence.
This seems perilous to me, and begs the question: Why should these teens want to go to peer courts? The answer is simple, they truly will not have a record. Contrary to popular belief, minors who have been tried for a crime still have a record, just not an adult record. If a juvenile should give up the right to remain silent and the right to a private trial by going to a peer court, that record truly does not exist.
My question now is thus: Is this a stroke of brilliance on the part of the justice system, or a fatal flaw?
Justice system
By lennon12 - Posted on October 22nd, 2008
That is an interesting situation you describe. I'm not sure I see what the effects of these changes are because I haven't such a trial. It could be good because forcing a minor face an untrained but persistant minor might lead to the understanding on the part of the defendent that what was done was wrong, or if charges are serious and the facts of the case are clouded, the defendent might be harassed into a confession while the defense forgets to object. All in all, a description of a case would help a lot.
Are yu going to blog about the experience afterward? I hope so. I'd like to hear more about it.
"Never go with a hippy to a second location."
~Jack Donaghy
http://www.progressiveu.org/blog/ediblewoman
I can't describe the case yet, it's still confidential, but I'll definitely write an update afterwards.
Living is easy with eyes closed, misunderstanding all you see.
Well, the defendant still has the right to lie.