Theophile
A. Curoncelet
Phase III Project
EXECUTIVE
SUMMARY
The
National Law-Related Education Resource Center (NLRC) of
the American Bar Association addressed the issue of Teen
Court in 1991. Since that time, the number of Teen Courts
in this nation has grown from six to three hundred. The
rapid growth of Teen Court programs is an indication that
Juvenile Justice Systems across the nation have recognized
the need to institute alternative programs to solve the
problem of juvenile delinquency, and determined that Teen
Courts are the answer to that need. Teen Court as a viable
solution to juvenile delinquency is more evident by the
number of varying groups that are developing Teen Court
programs. Many of these programs are being instituted by
a wide variety of groups and individuals without a central
linking organization.
"Teen Court"
is a general term that describes courts that utilize juveniles
as court members. The model of Teen Court that a program
uses varies but the basic premise is the same. Teen Courts
use juveniles to sentence juveniles. In most of the programs,
the teens serve as defense and prosecuting attorneys, bailiffs,
clerks, other court officers, and jurors. In most programs,
the only adults that participate in the trial are the presiding
judge, the program coordinator, and the defendant's parents.
The trials are for juveniles and are run by juveniles.
Most Teen Courts
are sentencing agencies. The defendant must first admit
their guilt and agree to accept the sentencing of the Teen
Court before they are allowed to participate in the program.
Since they must acknowledge their guilt, no teen can participate
in the Teen Court program without the permission and cooperation
of their parents or guardians.
The model type
of Teen Court program that an area uses determines how a
juvenile is introduced to the process. There are various
models of Teen Court programs that are described later in
this paper that are of three basic types: Juvenile Justice
Based Teen Court Programs, where youths are referred to
the program by the Juvenile Justice System; School Based
Teen Court Programs, which are administered by school systems
and receive referrals of juveniles with school related violations;
and Community Based Teen Court programs, which are run by
community and civic organizations. These referrals can come
from a variety of sources. Each type of program will be
examined and analyzed.
A defendant in
the Teen Court program is assigned a defense attorney. This
attorney is also a juvenile who has undertaken several hours
of training in order to participate in the process. Everyone
involved in the Teen Court programs must undergo intensive
training as a condition of participation. Although some
school curriculums include Teen Court training, most of
the programs mandate training on a volunteer basis and during
non-school hours. The Teen Court trials are also conducted
during non-school hours.
Once a defendant's
case is presented, the jury deliberates and renders a sentence.
Most of the programs utilize community service as the basis
of their sentencing process. Many Teen Court programs also
require that the defendant agree to participate in a number
of future Teen Court trials as a part of their sentence.
These defendants are required to undergo the same training
that their case jurors did. This helps to develop accountability
in the youth as well as instilling a valuable lesson in
him or her.
If a defendant
successfully completes his/her sentence, then he/she will
not have a criminal record. The various programs have their
own manner of dealing with defendants that fail or refuse
to adhere to their sentence. This is discussed in the sentencing
section of this paper.
Although Teen
Court is a new concept, the general agreement is that it
is a novel and successful idea. Teen Courts enable first
time misdemeanor offenders to avoid a criminal record, accept
responsibility for his/her actions and make amends to the
community. The following pages examine the types and models
of Teen Courts across the nation and how they are serving
out youth and society.
To obtain a copy of this research paper, please contact:
Knowledge Information
Services
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23185
Phone: (800) 616-6164
Visit the Institute
for Court Management Web site at:
http://www.ncsconline.org/d_icm/icmindex.html
