In recent weeks I have been exploring the possibility of working with Mexican universities to create a juvenile justice law clinic. There are a few public and private law schools in Mexico City that have clinical programs, but none work with juveniles in prison. But the universities that I have spoken I with are very excited about the possibility.
As Mexico reforms it's criminal justice system by instituting oral trials and modifies the role of the judge, defense and prosecutor, legal education is a critical piece. If new attorneys graduating from law school have not been taught the new legal system as well as learned the important trial advocacy skills that me new system requires, the reforms will become much more difficult to sustain. Lawyers in Mexico haven't traditionally had to cross examine witnesses, present competing evidence and make oral arguments in advocacy of their clients. New moot court and mock trial competitions hence become popular programs in some Mexican universities. However, nothing can replace the hands-on experience of a legal clinic.
There is a huge opportunity for law students to work with children in prison. More kids would be eligible for release programs and get release granted earlier if defense attorneys had more resources and help. Many kids remain in detention because their defense attorney hasn't requested release. Most kids don't even meet their attorneys until their first hearing, days after their arrest. Furthermore, if a child's parents don't have the time or resources to obtain a birth certificate, track down teachers or other members of the community to write letters of recommendation, and provide evidence of where they have lived and for how long, their child will remain in prison. Kids who do finally obtain release have already spent weeks or months in detention. A few dedicated law students could easily interview children and their parents, collect the necessary evidence to prove eligibility for release, and present the petition to the judge within a few days, significantly cutting down on the time these kids are behind bars.
We will see in the coming weeks and months if we can secure the necessary commitment from the universities. But it is an exciting possibility - helping the juvenile justice system to realize the goals of the reforms and teach future lawyers how to work work within the new system.
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