Reference no: EM131161024

To relieve overcrowding and provide an alternative to traditional forms of juvenile courts, jurisdictions across the country are now experimenting with teen courts, also called youth courts. These differ from other juvenile justice programs because young people rather than adults determine the disposition in a case. Cases handled in these courts typically involve young juveniles (ages 10 to 15) with no prior arrest records who are being charged with minor law violations, such as shoplifting, vandalism, and disorderly conduct. Usually, young offenders are asked to volunteer to have their case heard in a teen court instead of the more formal court of the traditional juvenile justice system.

As in a regular juvenile court, teen court defendants may go through an intake process, a preliminary review of charges, a court hearing, and disposition. In a teen court, however, other young people are responsible for much of the process. Charges may be presented to the court by a 15-year-old "prosecutor." Defendants may be represented by a 16-year-old "defense attorney." Other youths may serve as jurors, court clerks, and bailiffs. In some teen courts, a youth "judge" (or panel of youth judges) may choose the best disposition or sanction for each case.

In a few teen courts, teens even determine whether the facts in a case have been proven by the prosecutor (similar to a finding of guilt). Offenders are often ordered to pay restitution or perform community service. Some teen courts require offenders to write formal apologies to their victims; others require offenders to serve on a subsequent teen court jury. Although decisions are made by juveniles, adults are also involved in teen courts. They often administer the programs, and they are usually responsible for essential functions, such as budgeting, planning, and personnel.

In some programs, adults act as the judges. Proponents of teen court argue that the process takes advantage of one of the most powerful forces in the life of an adolescent-the desire for peer approval and the reaction to peer pressure. According to this argument, youths respond better to prosocial peers than to adult authority figures. Teen courts offer at least four potential benefits: Accountability. Teen courts may help to ensure that young offenders are held accountable for their illegal behavior, even when their offenses are relatively minor and would not likely result in sanctions from the traditional juvenile justice system. Timeliness.

An effective teen court can move young offenders from arrest to sanctions within a matter of days rather than the months that may pass with traditional juvenile courts. This rapid response may increase the positive impact of court sanctions, regardless of their severity. Cost savings. Teen courts usually depend heavily on youth and adult volunteers. If managed properly, they may handle a substantial number of offenders at relatively little cost to the community. Community cohesion. A well-structured and expansive teen court program may affect the entire community by increasing public appreciation of the legal system, enhancing community-court relationships, encouraging greater respect for the law among youths, and promoting volunteerism among both adults and youths. The teen court movement is one of the fastest growing delinquency intervention programs in the country.

As of March 2015 (latest data available), there were 1,048 teen courts in operation in 49 states and the District of Columbia, serving an estimated 110,000 to 125,000 young offenders each year; another 100,000 youths benefit from their participation as volunteers. Some recent evaluations (but not all) of teen courts have found that they did not "widen the net" of justice by handling cases that in the absence of the teen court would have been subject to a lesser level of processing. Also, in the OJJDP Evaluation of Teen Courts Project, which covered four states-Alaska, Arizona, Maryland, and Missouri-and compared 500 first-time offending youths referred to teen court with 500 similar youths handled by the regular juvenile justice system, it was found that six-month recidivism rates were lower for those who went through the teen court program in three of the four jurisdictions.

Importantly, in these three teen courts, the six-month recidivism Teen Courts rates were under 10 percent. Similar findings were reported in a rigorous evaluation of a teen court in Florida, and in one for repeat offenders in Washington State. However, other evaluations of teen courts in Kentucky, New Mexico, and Delaware indicate that short-term recidivism rates range from 25 to 30 percent. This is in contrast to some recent evaluations that found no overall effects on delinquency. The conclusions from the OJJDP teen court evaluation may be the best guide for future experimentation with teen courts: Teen courts and youth courts may be preferable to the normal juvenile justice process in jurisdictions that do not, or cannot, provide meaningful sanctions for all young, first-time juvenile offenders. In jurisdictions that do not provide meaningful sanctions and services for these offenders, youth court may still perform just as well as a more traditional, adult-run program.

Critical Thinking

1. Could teen courts be used to try serious criminal acts, such as burglary and robbery?

2. Is a conflict of interest created when teens judge the behavior of other teens? Does the fact that they themselves may one day become defendants in a teen court influence decision making?