Teen courts
Encyclopedia
Teen courts are authorized by law
in many states in America. The terms teen court, youth court, and peer court are used interchangeably. 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.
s, bailiff
s, clerk
s and judge
s. Teen courts usually function in cooperation with local juvenile court
s and youth detention center
s, 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 pled 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.
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.
. 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 guideline
s 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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in many states in America. The terms teen court, youth court, and peer court are used interchangeably. Their purpose is to provide an alternative disposition for juveniles who have committed a delinquent
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
act, have committed a minor offense, or have been charged with a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, and are otherwise eligible for diversion
Diversion program
A diversion program in the criminal justice system is a program run by a police department, court, a district attorney's office, or outside agency designed to enable alleged offenders of criminal law to avoid criminal charges and a criminal record...
. 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
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
, sentencing
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
and sentence fulfillment.
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, lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s, bailiff
Bailiff
A bailiff is a governor or custodian ; a legal officer to whom some degree of authority, care or jurisdiction is committed...
s, clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
s and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s. Teen courts usually function in cooperation with local juvenile court
Juvenile court
A juvenile court is a tribunal having special authority to try and pass judgments for crimes committed by children or adolescents who have not attained the age of majority...
s and youth detention center
Youth detention center
A youth detention center, also known as a juvenile detention center , juvenile hall or, more colloquially as juvie, is a secure residential facility for young people, often termed juvenile delinquents, awaiting court hearings and/or placement in long-term care facilities and programs...
s, middle and high schools, and/or community organizations such as the YMCA
YMCA
The Young Men's Christian Association is a worldwide organization of more than 45 million members from 125 national federations affiliated through the World Alliance of YMCAs...
. Most teen courts are sentencing courts in which the offender has already admitted guilt or pled no contest
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
.
Many teen courts operate much like a traditional court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
, 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
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...
to someone harmed or inconvenienced by their actions, or creating an informational awareness project about health
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...
, safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
, respect
Respect
Respect denotes both a positive feeling of esteem for a person or other entity , and also specific actions and conduct representative of that esteem. Respect can be a specific feeling of regard for the actual qualities of the one respected...
, 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
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
or drug
Drug
A drug, broadly speaking, is any substance that, when absorbed into the body of a living organism, alters normal bodily function. There is no single, precise definition, as there are different meanings in drug control law, government regulations, medicine, and colloquial usage.In pharmacology, a...
charges.
Youth volunteers may be eligible for school or community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
credits through their schools, and community awards such as the President's Volunteer Service Award
President's Volunteer Service Award
The President's Volunteer Service Award program was established to honor volunteers that give hundreds of hours per year helping others. These volunteers can be individuals, families and organizations located throughout the United States....
. Adult volunteers serve as trainers, advisors and coordinators of the teen courts; some courts have a small paid staff.
Principles & Results
Teen or youth courts provide an alternative court system through which juvenile offenders can be heard and judged by their peersPeer group
A peer group is a social group consisting of humans. Peer groups are an informal primary group of people who share a similar or equal status and who are usually of roughly the same age, tended to travel around and interact within the social aggregate Members of a particular peer group often have...
. Most teen courts have strict guidelines for youth volunteers who participate in the sentencing process, which generally includes training
Training
The term training refers to the acquisition of knowledge, skills, and competencies as a result of the teaching of vocational or practical skills and knowledge that relate to specific useful competencies. It forms the core of apprenticeships and provides the backbone of content at institutes of...
, a modified bar exam, peer mentoring
Peer mentoring
Peer mentoring is a form of mentorship that takes place in learning environments such as schools, usually between an older more experienced student and a new student. Peer mentors should not be confused with prefects...
and compliance with a code of conduct
Code of Conduct
A code of conduct is a set of rules outlining the responsibilities of or proper practices for an individual, party or organization. Related concepts include ethical codes and honor codes....
. Many youth courts establish a youth bar association
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
or ethics
Ethics
Ethics, also known as moral philosophy, is a branch of philosophy that addresses questions about morality—that is, concepts such as good and evil, right and wrong, virtue and vice, justice and crime, etc.Major branches of ethics include:...
body which helps to set guideline
Guideline
A guideline is a statement by which to determine a course of action. A guideline aims to streamline particular processes according to a set routine or sound practice. By definition, following a guideline is never mandatory. Guidelines are not binding and are not enforced. A guideline is a statement...
s 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
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
of confidentiality
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...
regarding any information which comes to their knowledge in the course of the teen court case presentation.
State-approved teen courts implement restorative justice
Restorative justice
Restorative justice is an approach to justice that focuses on the needs of victims, offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender...
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
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior...
. 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
Decision making
Decision making can be regarded as the mental processes resulting in the selection of a course of action among several alternative scenarios. Every decision making process produces a final choice. The output can be an action or an opinion of choice.- Overview :Human performance in decision terms...
. Because of the active role the victim plays, qualitative assessments can be made into victim impact and victim satisfaction.
See also
- ArbitrationArbitrationArbitration, a form of alternative dispute resolution , is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons , by whose decision they agree to be bound...
- Conflict resolution researchConflict resolution researchConflict resolution is any reduction in the severity of a conflict. It may involve conflict management, in which the parties continue the conflict but adopt less extreme tactics; settlement, in which they reach agreement on enough issues that the conflict stops; or removal of the underlying causes...
- Creative PeacebuildingCreative PeacebuildingCreative Peacebuilding is the larger name for creative therapies used to create peace, within individuals, groups, and societies. These therapies are used with many different demographic groups and in various types of situations...
- Dispute resolutionDispute resolutionDispute resolution is the process of resolving disputes between parties.-Methods:Methods of dispute resolution include:* lawsuits * arbitration* collaborative law* mediation* conciliation* many types of negotiation* facilitation...
- Family therapyFamily therapyFamily therapy, also referred to as couple and family therapy, family systems therapy, and family counseling, is a branch of psychotherapy that works with families and couples in intimate relationships to nurture change and development. It tends to view change in terms of the systems of...
- MediationMediationMediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
- Office of Juvenile Justice and Delinquency PreventionOffice of Juvenile Justice and Delinquency PreventionThe Office of Juvenile Justice and Delinquency Prevention is an office of the United States Department of Justice and a component of the Office of Justice Programs....
- Restorative JusticeRestorative justiceRestorative justice is an approach to justice that focuses on the needs of victims, offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender...
- Youth crime
- Youth justice in England and WalesYouth justice in England and WalesYouth justice system in England and Wales comprises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences...
- Youth voiceYouth voiceYouth voice refers to the distinct ideas, opinions, attitudes, knowledge, and actions of young people as a collective body. The term youth voice often groups together a diversity of perspectives and experiences, regardless of backgrounds, identities, and cultural differences...
External links
Global Youth Justice www.GlobalYouthJustice.org- National Association of Youth Courts - comprehensive website on youth courts (established in 2007), Baltimore, Maryland.
- United Youth Courts of Alaska website
- Arizona Teen Court Association website
- Florida Association of Teen Courts website
- New York State Youth Courts Association website
- Youth Courts in Law-Related Education - from the Education Resources Information CenterEducation Resources Information CenterERIC - the Education Resources Information Center - is an online digital library of education research and information. ERIC is sponsored by the Institute of Education Sciences of the U.S. Department of Education...
Clearinghouse for Social Studies/Social Science Education, Bloomington, IndianaBloomington, IndianaBloomington is a city in and the county seat of Monroe County in the southern region of the U.S. state of Indiana. The population was 80,405 at the 2010 census....
.