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.
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.
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.
Courtroom shackling, 2015
No statewide restriction
Sex offender registration, 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