Waiver of counsel, 2014

A juvenile may waive his or her right to counsel as long as it was made intelligently, knowingly, and voluntarily.

  • Restrictions on waivers
  • No restrictions
  • Reflects laws as of the end of 2013 legislative sessions.
  • Age

    No restrictions

  • Crime

    No restrictions

  • Hearing

    No restrictions

  • Placement

    No restrictions

Timing of counsel, 2013

In Mississippi, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; Detention Hearing / First Court Appearance / Arraignment; Loss of Freedom / Institutionalization / Commitment / Imprisonment; All Stages of Proceedings / All Critical States of Proceedings.

  • Reflects laws as of the end of 2013 legislative sessions.

Indigency requirements, 2013

Organized at the local level (county/judicial district) with varying state oversight

Organizer: Mississippi Office of State Public Defender (Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)

Indigency is not determined legislatively

In Mississippi, both juvenile and adult statutes provide information on juvenile indigency and the determination of indigency. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined.

  • Reflects laws as of the end of 2013 legislative sessions.

Courtroom shackling, 2015

No statewide restriction

Sex offender registration, 2015

Registers

Competency, 2015

Mississippi has no competency provisions in the juvenile code of statutes or Youth Court Rule that specifically mentions juvenile competency, but some indirect protections exist (effective legal representation, judicial acceptance of youth admissions, notice when intending to enter an insanity defense, etc.) There are also (adult) penal code provisions that state “when any person charged with…delinquency and brought before [any] judge and it appears the person was insane upon commission and is still insane; or when a person with an intellectual disability to such an extent as not to be responsible for the act… must remand the prisoner to custody and report the case to chancery court (for mental illness/intellectual disability proceedings). Those before the circuit court facing felonious indictments can be ordered for evaluation of…his ability to make a defense.

  • No juvenile standard

  • Juvenile standard is the adult standard

  • Juvenile justice standard exists

  • JJ standard includes developmental immaturity

About this project

Juvenile Justice GPS (Geography, Policy, Practice, Statistics) is a project to develop a repository providing state policy makers and system stakeholders with a clear understanding of the juvenile justice landscape in the states.

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