Citizens for Juvenile Justice 5K run/walk

This morning, my 9-year-old daughter and I walked the first annual Citizens for Juvenile Justice’s 5K run/walk as part of Juvenile Justice Awareness month.  The event took place at Jamaica Pond in Jamaica Plain, MA (a section of Boston).  Two laps around the pond = 5K.  The weather was perfect, cool and sunny, and there was a nice turnout.  My daughter complained that I held us back by taking pictures of the awareness signs, but we walked it in under an hour.

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CORI Resources in Massachusetts

A former client contacted me about CORI sealing and I want share some great public resources we have here in Massachusetts for information about Massachusetts CORI laws and CORI sealing.

http://www.masslegalhelp.org/cori is a great resource.  Masslegalhelp.org is a statewide site for several legal service providers.  Their CORI site is excellent.

Their CORI Reader is a must reader for clients and practitioners.

The http://bostonworkersalliance.org/ is a good source for CORI reform information and upcoming changes to the CORI laws.

Just Revamped my blog

I just restarted my blog- check out the changes.

Sexual Abuse at Juvenile Detention Facilities

http://www.nytimes.com/2010/01/08/us/08brfs-SEXUALABUSEA_BRF.html

First Star Releases Second Report on Legal Representation of Children in Abuse and Neglect Cases.

A CHILD’S RIGHT TO COUNSEL: A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN

Here is the link:  http://www.firststar.org/documents/Final_RTC_2nd_Edition.pdf

Update on New Orleans Juvenile Justice Reforms

Here is an article about the follow up to the 2003 Juvenile Justice Reforms in New Orleans.

http://www.nola.com/crime/index.ssf/2009/10/juvenile_justice_system_in_lou.html

SJC Strikes Down Criminal Penalty of Juvenile Curfew Law: Commonwealth v. Weston W.

Yesterday, the Supreme Judicial Court released Commonwealth v. Weston W., a decision that addresses whether Lowell’s juvenile curfew ordinance, punishable as a juvenile delinquency offense that could lead to probation or commitment to the Department of Youth Services (DYS), violates the constitutional rights of those under seventeen.  The case held that (1) the curfew violates the equal protection clause of the United States and Massachusetts Constitutions because restricts freedom of movement and it treats people differently based on age, and therefore (2) the curfew must be subject to a “strict scrutiny” standard of review.  The court held that under the strict scrutiny standard, which requires a remedy that is “narrowly tailored” to achieve the government’s goals, the juvenile delinquency punishment is too broad and the court struck down the ordinance’s punishment of probation and possible commitment to DYS.  The Court held that a civil penalty of a fine and parental notification was constitutional.

The case addresses an important issue in juvenile rehabilitation and punishment:  the constitutionality of treating persons differently because of age.  The court recognized the societal importance of keeping young people off the streets during late hours, while deciding that the civil fine and notification remedy was the most narrowly tailored way to achieve this result.

Full text of the decision is here.

The Boston Globe article is here.

Arguing at the Supreme Judicial Court: Commonwealth v. Porter P.

On Thursday, September 10, 2009, I argued the case of Commonwealth v. Porter P., A Juvenile, before seven justices of the Supreme Judicial Court.  I had won a motion to suppress evidence at the Dorchester Juvenile Court.  The Commonwealth appealed and the Massachusetts Appeals Court reversed the allowance of the motion in Commonwealth v. Porter P. I filed for further appellate review and the Supreme judicial Court accepted the case.

The issue was whether my client had a right to privacy in a locked room he shared with his mother at a family shelter, whether the shelter director had authority to consent to a police search of that room and, if she did not, whether she had the apparent authority that justified the police relying on her consent.

Two amicus briefs were filed on behalf  the ALCU of Massachusetts, the Committee for Public Counsel Services, the Youth Advocacy Project, Harvard Defenders,  Children’s Law Center of Massachusetts, Massachusetts Law Reform Institute, and the Massachusetts Coalition for the Homeless.  The Court docket is here.  A decision is expected in three to four months.

To watch the full argument assistant district attorney Kathleen Celio arguing, click here.

How Not to Defend a Juvenile Rape Case

Here is an article I came across posted in a blog about a juvenile who claims he was wrongly convicted of rape because of ineffective assistance of his lawyer.

http://fredericksburg.com/News/FLS/2009/082009/08302009/489686/index_html?page=1

A New Look

After taking time to redo my two websites, www.corbolaw.com and www.majuveniledefenselawyer.com, I have changed the look and style of this blog.  I hope you enjoy.

Jim Corbo