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An Introduction to the Cook County Juvenile Justice System

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An Introduction to the Cook County Juvenile Justice System April 28, 2006 Bluhm Legal Clinic Children and Family Justice Center Children s Law Pro Bono Project – PowerPoint PPT presentation

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Title: An Introduction to the Cook County Juvenile Justice System


1
An Introduction to the Cook County Juvenile
Justice System
  • April 28, 2006

Bluhm Legal Clinic
Children and Family Justice Center
Childrens Law Pro Bono Project
2
Contents
  • 1. The Childrens Law Pro Bono Project
  • 2. The Cook County Juvenile Court
  • 3. Overview of a Juvenile Court Case
  • 4. Next Step How To Take a Case
  • 5. Conclusion

3
1. The Childrens Law Pro Bono Project
  • Bluhm Legal Clinic 6 Centers
  • Center for Wrongful Convictions
  • Small Business Opportunity Center
  • Center for International Human Rights
  • Investor Protection Center
  • Program on Civil Litigation
  • Children and Family Justice Center (CFJC)
  • Pro Bono Project Under CFJC
  • CFJC 9 Attorneys, 1 Social Worker

4
1. The Childrens Law Pro Bono Project
  • Goals of Pro Bono Project
  • Recruit, train, mentor, and support volunteer
    attorneys
  • Raise the level of advocacy
  • Offer holistic representation

5
1. The Childrens Law Pro Bono Project
  • Types of Cases
  • Juvenile Delinquency
  • Juvenile Expungement
  • Chicago Public School Expulsion Hearings
  • Previous training session 11-4-2005 on-line at
  • http//www.illinoisprobono.org/index.cfm?fuseactio
    nhome.dsp_contentcontentID4493
  • Conflict for some firms

6
2. The Cook County Juvenile Court
  • First Juvenile Court in the U.S. 1899
  • Location
  • Southwest of Downtown, Ogden Taylor
  • Structure
  • Child Protection Division
  • Juvenile Justice Division
  • Juvenile Temporary Detention Center
  • Nancy B. Jefferson School
  • Offices for Court Actors

7
2. The Cook County Juvenile Court
  • Juvenile Justice Division
  • 13 Courtrooms Organized by Calendars
  • Calendars Represent Geographic Areas in Cook
    County (except Detention Calendar 62)
  • Confidentiality of Proceedings
  • Jurisdiction
  • Age
  • Nature of Offense
  • Transfers to Adult Court
  • Focus
  • Former Rehabilitation not Punishment
  • Current Balanced and Restorative Justice

8
2. The Cook County Juvenile Court
  • Example of Courtroom Layout

Judge
Clerk (in wine-colored jacket)
Court Reporter
Witness
Adjudicator (sets calendar)
Minor Respondent
Assistant States Attorney
Defense Attorney
Family Members
Deputy Sheriff
Assistant Public Defenders Table (Great
Resource)
Assistant States Attorneys Table
Benches for Probation Officers, Police Officers,
and Private Attorneys
Benches for Probation Officers, Police Officers,
and Private Attorneys
Door
9
2. The Cook County Juvenile Court
  • Outside of Each Courtroom
  • Benches for children, families, and witnesses
  • Small conference rooms to have private
    discussions with your client, family members,
    witnesses, your team, etc.
  • Every Time You Go To Court
  • Check to make sure clerk has your clients file
  • Check-in with ASA and Adjudicator

10
3. Overview of a Juvenile Court Case
  • Legal Framework
  • Juvenile Court Act
  • Rules of Criminal Procedure
  • Case Law
  • Illinois Rules of Evidence

11
3. Overview of a Juvenile Court Case
12
3. Overview of a Juvenile Court Case
  • Detention Hearing
  • Probable Cause
  • Urgent and Immediate Necessity for the Protection
    of the Minor or of the Person or Property of
    Another
  • Likely to Flee the Jurisdiction
  • Alternatives to Detention or Restrictions
  • Electronic Monitoring
  • Home Confinement
  • Evening Reporting Center
  • Curfew
  • Mandatory School Attendance

13
3. Overview of a Juvenile Court Case
  • Arraignment
  • Request Leave to File an Appearance
  • Stipulate to Juvenile Court Jurisdiction
  • Waive Formal Reading of the Petition
  • Enter a Denial
  • Make an Oral Motion for Discovery
  • Filings
  • Appearance
  • Motion for Discovery
  • Answer to the States Motion for Discovery
  • (week before trial)
  • Other Motions
  • Samples Available Upon Request

14
3. Overview of a Juvenile Court Case
  • Preparing for Trial
  • Interviewing Your Client
  • Attorney-client privilege
  • Bifurcated interview
  • Client Agreement and Consent Form
  • Read through with them to see reading level
  • Stress cooperation and contact
  • Maybe establish one day a week for them to call
    you

15
3. Overview of a Juvenile Court Case
  • Preparing for Trial
  • Interviewing Children
  • Use simple language
  • Act out what occurred
  • Go over story on different occasions (may not get
    whole story from client / witnesses first time
    around)

16
3. Overview of a Juvenile Court Case
  • Preparing for Trial
  • Investigation and Discovery
  • Investigation is key!
  • Visit the scene
  • Use of prover in case a witness changes his
    story
  • Your notes of witnesses are discoverable
  • Documentary discovery subpoena everyone -
    hospital, police, etc.
  • Providing documents to State and what you will
    receive

17
3. Overview of a Juvenile Court Case
  • Bench Trial
  • Plea
  • 402 Conference
  • Discussion in judges chambers
  • Defense counsel, ASA, and judge only ones present
  • Judge will let you know if he will go along with
    the agreement

18
3. Overview of a Juvenile Court Case
  • Disposition or Sentencing
  • Prepare for disposition from the beginning
  • Everything you have learned about your child can
    come in
  • Hearsay is admissible
  • Get coaches, teachers, etc. to testify or write a
    letter
  • Work closely with the probation officer
  • Get copy of social investigation report before
    disposition
  • Probation officer makes a recommendation to the
    court
  • Possible School Expulsion Case

19
4. Next Step How To Take a Case
  • Intakes and Screening Procedures
  • E-mail with Cases to All Interested Volunteers
  • Example
  • A - 13-year-old boy A is being charged with
    possession of a stolen motor vehicle because he
    was riding in a car he did not know was stolen.
    He was not the one driving. The car was used
    earlier that day in an armed robbery, but he had
    no part in that incident. The police put him in
    two line-ups, but he was not identified. He also
    has an alibi for earlier that day. A likes to
    play football, and he gets As, Bs, and Cs in
    school.
  • Next Court Date ________, 2006 900 a.m. - Set
    for Trial But Can Probably Get Continuance.

20
4. Next Step How To Take a Case
  • Will Send You All Information on the Case and
    Helpful Materials
  • Samples and Support Always Available
  • Team of Volunteers for Each Case
  • Attorneys (suggest at least 2)
  • Paralegals
  • Administrative Assistants
  • Summer Associates
  • Others

21
5. Conclusion
  • Please Fill Out the Interest Form
  • Questions? Contact Monica Llorente
  • (312) 503-6606
  • M-llorente_at_law.northwestern.edu

22
Thank You!
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