Defense Dilemmas for Juvenile Offenders and Corresponding Solutions—A Case Study of the Two-Tier People’s Courts in City D, Province Y

Abstract

The issue of effective legal representation for juvenile offenders in China remains at the exploratory stage in both legislation and judicial practice. Therefore, through an empirical study of a representative region, this paper seeks to infer broader patterns from specific observations. It identifies several current dilemmas in realizing effective defense for juvenile offenders in China. These include: a fragmented and unclear legal and regulatory framework; a lack of unified guiding principles for judicial practice; a shortage of qualified defense counsel; the ineffectiveness of defense efforts; excessive caseload pressure on trial organizations impacting defense quality; and the influence of the juvenile offenders’ own circumstances on their legal defense. The root causes are analyzed as: a criminal procedure ethos overly focused on crime suppression; issues of professional ethics among defense lawyers and the risks associated with criminal defense work; and excessive social control pressures on criminal prosecution authorities. Consequently, measures should be implemented to further safeguard the effective legal representation of juvenile offenders in China. These include improving the legal framework concerning the right to defense for juveniles, establishing a specialized defense force for juvenile delinquency cases, optimizing judicial philosophies and systems related to juvenile trials, and strengthening legal aid mechanisms for minors.