Teen court

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A teen court (sometimes called youth court or peer court) is a problem-solving court within the juvenile justice system where teens charged with certain types of offenses can be sentenced by a jury of same-aged peers. [1] Their purpose is to provide an alternative disposition for juveniles who have committed a delinquent act, have committed a minor offense, or have been charged with a misdemeanor, and are otherwise eligible for diversion. Depending on their training, community support, and agreements with traditional court systems, most teen or youth courts are recognized as valid, legal venues for the process of hearing cases, sentencing and sentence fulfillment. Teen courts and their verdicts are not authorized by public law.

Contents

Court structure

Teen courts are staffed by youth volunteers who serve in various capacities within the program, trained and acting in the roles of jurors, lawyers, bailiffs, and clerks. Teen courts usually function in cooperation with local juvenile courts and youth detention centers, middle and high schools, and/or community organizations such as the YMCA. Most teen courts are sentencing courts in which the offender has already admitted guilt or pleaded no contest.

Many teen courts operate much like a traditional court, holding hearings before a judge and jury with the jury deliberating to determine an appropriate disposition. Other courts employ different structures, such as a judge-panel model which includes a panel of 3 to 6 youth judges who collectively hear, deliberate, and sentence the offender.

Often, sentences will involve the defendant's making restitution to someone harmed or inconvenienced by their actions, or creating an informational awareness project about health, safety, respect, or another topic relevant to the offense. One of the more common sentences is community service. In many jury-based programs it is mandatory that the offender serve on a teen court jury. In some cases, educational workshops are required as part of the sentence, usually in cases involving alcohol or drug charges. [2]

Youth volunteers may be eligible for school or community service credits through their schools, and community awards such as the President's Volunteer Service Award. Adult volunteers serve as trainers, advisors and coordinators of the teen courts; some courts have a small paid staff.

Principles and results

Teen or youth courts provide an alternative court system through which juvenile offenders can be heard and judged by their peers. Most teen courts have strict guidelines for youth volunteers who participate in the sentencing process, which generally includes training, a modified bar exam, peer mentoring and compliance with a code of conduct. Many youth courts establish a youth bar association or ethics body which helps to set guidelines for ethical and fair procedure.

Because cases heard by teen courts are real cases, participants in teen court programs are required to sign an oath of confidentiality regarding any information which comes to their knowledge in the course of the teen court case presentation.

State-approved teen courts implement restorative justice and attempt to reintegrate the youth offender to the community while sending appropriate messages to the offender regarding unacceptable behavior. The basic principles of restorative justice are community protection, competency development, and accountability. This system seeks to address the root causes of juvenile offenses and to reduce recidivism. The recidivism rates for standard programs in several states range from 6%-9%, which is less than half of the traditional recidivism rate for juvenile offenders, which hovers around 20%.

Restorative justice principles require the offender to make amends to the victim and/or the community and provide opportunities for victims and community members to participate in the juvenile justice process, providing valued input in decision making. Because of the active role the victim plays, qualitative assessments can be made into victim impact and victim satisfaction.

See also

Related Research Articles

The following outline is provided as an overview of and topical guide to criminal justice:

<span class="mw-page-title-main">Restorative justice</span> Restitution with input from victims and offenders

Restorative justice is an approach to justice where one of the responses to a crime is to organize a meeting between the victim and the offender, sometimes with representatives of the wider community. The goal is for them to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus for what the offender can do to repair the harm from the offense. This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm.

<span class="mw-page-title-main">Juvenile delinquency</span> Illegal behavior by minors

Juvenile delinquency, also known as juvenile offending, is the act of participating in unlawful behavior as a minor or individual younger than the statutory age of majority. In the United States of America, a juvenile delinquent is a person who commits a crime and is under a specific age. Most states specify a juvenile delinquent as an individual under 18 years of age while a few states have set the maximum age slightly different. In 2021, Michigan, New York, and Vermont raised the maximum age to under 19, and Vermont law was updated again in 2022 to include individuals under the age of 20. Only three states, Georgia, Texas, and Wisconsin still appropriate the age of a juvenile delinquent as someone under the age of 17. While the maximum age in some US states has increased, Japan has lowered the juvenile delinquent age from under 20 to under 18. This change occurred on April 1, 2022 when the Japanese Diet activated a law lowering the age of minor status in the country. Just as there are differences in the maximum age of a juvenile delinquent, the minimum age for a child to be considered capable of delinquency or the age of criminal responsibility varies considerably between the states. Some states that impose a minimum age have made recent amendments to raise the minimum age, but most states remain ambiguous on the minimum age for a child to be determined a juvenile delinquent. In 2021, North Carolina changed the minimum age from 6 years old to 10 years old while Connecticut moved from 7 to 10 and New York made an adjustment from 7 to 12. In some states the minimum age depends on the seriousness of the crime committed. Juvenile delinquents or juvenile offenders commit crimes ranging from status offenses such as, truancy, violating a curfew or underage drinking and smoking to more serious offenses categorized as property crimes, violent crimes, sexual offenses, and cybercrimes.

Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.

<span class="mw-page-title-main">Juvenile court</span> Court to try minors for legal offenses

A juvenile court, also known as young offender's court or children's court, is a tribunal having special authority to pass judgements for crimes that are committed by children who have not attained the age of majority. In most modern legal systems, children who commit a crime are treated differently from legal adults that have committed the same offense.

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

<span class="mw-page-title-main">Parole and Probation Administration (Philippines)</span>

The Parole and Probation Administration, abbreviated as PPA, is an agency of the Philippine government under the Department of Justice responsible for providing a less costly alternative to imprisonment of first-time offenders who are likely to respond to individualized community-based treatment programs.

A diversion program, also known as a pretrial diversion program or pretrial intervention program, in the criminal justice system is a form of pretrial sentencing that helps remedy behavior leading to the arrest. Administered by the judicial or law enforcement systems, they often allow the offender to avoid conviction, and include a rehabilitation program to avoid future criminal acts. Availability and the operation of such systems differ in different countries.

<span class="mw-page-title-main">Criminal sentencing in the United States</span> Overview of criminal sentencing in the United States

In the United States, sentencing law varies by jurisdiction. The jurisdictions in the US legal system are federal, state, regional, and county. Each jurisdictional entity has governmental bodies that create common, statutory, and regulatory law, although some legal issues are handled more often at the federal level, while other issues are the domain of the states. Civil rights, immigration, interstate commerce, and constitutional issues are subject to federal jurisdiction. Issues such as domestic relations, which includes domestic violence; marriage and divorce; corporations; property; contracts; and criminal laws are generally governed by states, unless there is federal preemption.

Trial as an adult is a situation in which a juvenile offender is tried as if they were an adult, whereby they may receive a longer or more serious sentence than would otherwise be possible if they were charged as a juvenile.

A rehabilitation policy within criminology, is one intending to reform criminals rather than punish them and/or segregate them from the greater community.

Raising the age of juvenile jurisdiction in the state of North Carolina has been an ongoing issue in the North Carolina General Assembly. There are currently two pieces of legislation focusing on this issue, Senate Bill 506 and House Bill 632, which seek to raise the age of jurisdiction from 16 to 18. Four members of the North Carolina House of Representatives serve as the primary sponsors and there are twenty-six co-sponsors. Most of U.S. States define an adult at 18 years old; however, North Carolina and New York define a juvenile who has committed a criminal offense as no older than 16, which places 16- and 17-year-olds in a position where they are tried as adults for any offense.

<span class="mw-page-title-main">Alternatives to imprisonment</span> Types of punishment or treatment other than time in prison

The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Drug courts are specialized court docket programs that aim to help participants recover from substance use disorder to reduce future criminal activity. Drug courts are used as an alternative to incarceration and aim to reduce the costs of repeatedly processing low‐level, non‐violent offenders through courts, jails, and prisons. Drug courts are usually managed by a nonadversarial and multidisciplinary team including judges, prosecutors, defense attorneys, community corrections, social workers and treatment service professionals. Drug court participants include criminal defendants and offenders, juvenile offenders, and parents with pending child welfare cases.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

<span class="mw-page-title-main">Criminal justice reform in the United States</span>

Criminal justice reform addresses structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.

<span class="mw-page-title-main">Sex offender registries in the United States</span> Many sex offenders in the US must register themselves on a public US government database

Sex offender registries in the United States exist at both the federal and state levels. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites, although information on some offenders is visible to law enforcement only. Public disclosure of offender information varies between the states depending on offenders' designated tier, which may also vary from state to state, or risk assessment result. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.

The Georgia Council on Criminal Justice Reform is a fifteen-member, non-partisan state commission tasked with conducting annual comprehensive reviews of criminal laws, criminal procedure, sentencing laws, adult correctional issues, juvenile justice issues, enhancement of probation and parole supervision, better management of the prison population and of the population in the custody of the Department of Juvenile Justice, and other issues relates to criminal proceedings and accountability courts in the state of Georgia.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. Home to 5% of the global population but 25% of its prisoners, the U.S. possess the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited.

<span class="mw-page-title-main">Ghanaian juvenile justice system</span>

The Ghanaian juvenile justice system encompasses the processes to handle minors who are in conflict with the law or who are in need of care and protection. The formal Ghanaian juvenile justice system was created under colonial rule and has evolved greatly since the early 1900s. Three stark changes for the system are throughout the colonial period, the beginnings of independence and the 1960 Criminal Procedure Code, and the newest Juvenile Justice Act.

References

  1. Motsinger, Gabe (April 27, 2017). "Teen Court offers young misdemeanor offenders a path to redemption". The Santa Fe New Mexican. Retrieved May 22, 2017.
  2. "Archived copy" (PDF). www.alachuasheriff.org. Archived from the original (PDF) on 21 November 2007. Retrieved 13 January 2022.{{cite web}}: CS1 maint: archived copy as title (link)