Early Access to Counsel for Youth in Police Custody

Problem

There is little research on providing legal counsel early in the justice process for youth.

Few jurisdictions across the U.S. provide free legal counsel to individuals upon arrest, and there has been no rigorous research to understand the challenges, benefits, and outcomes of providing legal counsel at this stage in the justice process.

Solution

NORC studied the implementation of California laws mandating youth access to legal counsel at arrest. 

In partnership with Fair Trials and with funding from Arnold Ventures, NORC conducted the first study of the implementation of California Senate Bills 395 and 203. These laws require that youth under the age of 18 have the opportunity to consult with an attorney before waiving their right to silence. Our study included:

Semi-structured interviews with publicly appointed defense attorneys across 13 counties in California, representing both rural and urban areas
Creation of the Network of Early Access to Counsel (NEAC) learning community, comprising public defenders, researchers, and policymakers to share best practices

Result

Our study found several perceived benefits to providing youth with early legal counsel. 

All 13 counties taking part in this study had indigent defense providers staff phone lines for law enforcement to contact before questioning a youth. Most consultations with youth occur via phone due to resource constraints and practicality.

Perceived benefits:

Ensuring youth understand their rights and make informed decisions
Building trust with youth and the community
Perceived better outcomes for youth, especially at detention hearings
Earlier access to case information for attorneys

Challenges:

Resource constraints, particularly in smaller jurisdictions
Logistical barriers in providing in-person consultations
Increased workload for attorneys
Limitations of the legislation, such as not extending to school settings

Best practices:

Establishing standardized procedures
Providing specialized training for youth defense
Ensuring confidentiality in communication
Collecting data on program implementation and outcomes
Educating communities about their rights

The study's findings can inform other jurisdictions considering similar reforms, as 18 states have introduced Miranda legislation for youth, with three states enacting such legislation to date.