Juvenile Courts With The Youth Courts example essay topic

Do you know what Teen Court is? If you " re thinking that it is similar to Prom court, you are way off! Teen Court is an actual legal Court system, designed just for teenagers. It gives youth a say in the. ".. solution to teen crime, by participating in the jury. Teen Court helps teens understand the legal system by providing them the opportunity of participating as a juror. As a juror, teens make actual court decisions for the youth that is being tried.

As for the minor defendant, only those with first time offense misdemeanors can be tried in Teen Court. Teen Court is a great system that has been created to help prevent crimes, by reaching first time offenders. Most people believe that the only way to prevent further crime is by incarcerating. Teen Court does the opposite, it helps teens realize their wrong doing, thus preventing them from committing another crime. Become a juror for Teen Court, so you can get a feel for the legal system. What is Youth Court?

Youth Courts, as funded by the Division of Criminal Justice Services, are courts in which youth between the ages of 12 to 18 years participate as judges, attorneys, and jury members, to adjudicate young offenders accused of violations and certain misdemeanors e. g., criminal mischief, petit larceny. Supervision and coordination of the program is provided by adults. Youth under the age of 18 who have been arrested for committing an offence are typically referred to Youth Court by police or probation departments. The defendant admits to the crime as a condition of participation.

At the trial, the jury hears arguments from both sides of the case and passes what it believes to be an appropriate sentence. Generally, this includes a certain number of community service hours. The sentence may also include letters of apology, jury duty, drug or alcohol abuse education classes, victim panel participation, and other community-based sanctions. Why a Teen Court? Teen Court was established to add a new concept of diversion and accountability to the Juvenile Justice System.

It is a sentencing hearing directed toward juvenile misdemeanor and select felony offenders who have admitted guilt to a charge. To qualify for participation in Teen Court, certain criteria must be met. Teenage volunteers serve as clerk, bailiff, jurors and attorneys to present the case to the Court. The presiding Judge is the only adult participating in the Teen Court hearing.

A major difference between Teen Court and the Juvenile Justice System is that in Teen Court, a minors rights are taken away. Another difference is that in Teen Court, youth defendants have their peers as the jury. Potential teen jurors are recruited from high school government and history classes. Some teachers require students to attend Teen Court, while others provide extra credit.

Students who became jurors leave with a better understanding of the legal system. The judge explains to the minor defendant, the rights's / he will lose, and if the minor wants to continue with the process. Dependent on a "yes" answer, the judge swears in the minor and parents (s) / guardian (s). The judge reads the charges, and then asks the defendant to guilty or innocent.

If the minor pleas guilty, the jury will ask questions to see if the defendant is remorseful. If pleaded innocent, the jury will then ask questions to see if the defendant minor is telling the truth. When the jury has finished asking questions, they meet in a room to decide the case and the sentence (or punishment). The court reassembles at the end of the decision, and the verdict is finally read.

All this happens in a matter of about half an hour. The sentence that is given might be one or more of the following: curfew; community service; counselling; letter (s) of apology; and a probation contract. If at any time the minor fails to cooperate with the requirements of Teen Court, they will then be tried through the Juvenile Justice System. Teen Court was first conceived and established in 1983 by the Junior League of Odessa, Texas and the City of Odessa.

It's purposes were to provide a more positive and effective alternative to an increasingly inadequate and ineffective juvenile justice system and to help combat the growing epidemic of juvenile crime and violence within the community. Teen Court spread to Florida in 1991 when Manatee County first implemented the program. Highlands County's very own Teen Court was started in 1996 by the Honorable L.E. "Luke" Brooker, Clerk of Court, with the cooperation and encouragement of the Tenth Judicial Circuit State Attorney's office, local bar association, local law enforcement, Department of Juvenile Justice, Highlands County School Board, and resident Judge of Highlands County, the Honorable J. David Langford. What's the history?

Young offenders received cruel treatment in the past. In the 18th and 19th century, children were treated exactly the same as adults by the justice system and would be thrown in prison, sentenced to death and hanged, or transported. Parkhurst prison, on the Isle of Wight, opened in 1838 as a prison for boys aged between 10 and 18 years, and meted out punishments such as leg irons and whipping before its closure a quarter of a century later. Things changed with the advent of the welfare state as the Liberals came to power in 1908, abolishing prison for children and setting up special juvenile courts. By 1933, things had progressed so far that it was the job of the courts to look after the welfare of children and not punish them. In 1948, remand centres and detention centres were introduced for juveniles.

The Criminal Justice Act 1991 replaced the juvenile courts with the youth courts, and these now deal with offenders under the age of 18 years, whereas the juvenile courts handled cases involving children up to the age of 14 years. Juvenile courts handled care proceedings as well as criminal cases. However, the Children Act 1989 transferred care proceedings to the family courts. The Purpose of Teen Court The purpose of Teen Court aside from sentencing, is to educate and motivate both defendants and student participants, while promoting better communication between schools, attorneys, defendants, the court, law enforcement and the public. The Objectives of Teen Court The objectives of Teen Court are to provide the justice system with an alternative to the traditional handling of a juvenile delinquency charge.

Teen Court serves as a diversionary program to interrupt the beginning criminal behaviour in the juvenile and to assist the offender in recognizing that they are responsible for their behaviour. Teen Court also helps in relieving the over-burdened court docket in juvenile court. Program Advantages For the delinquent teenager, the advantages of participating in Teen Court are many. Some of these include; voluntary participation, a diversion from appearing in the Juvenile Circuit Court, exposure to positive peer pressure and behaviour, and a speedy resolution to their case. The delinquent teenager is educated in the judicial justice process: through education comes understanding, and with understanding comes respect. The teen defendant may return as a volunteer in Teen Court after successfully completing their sentence.

For the Teen Court volunteer, the program offers hands-on educational experience with the judicial process and involvement with community service. The rules governing courtroom conduct require respect for our laws and each other. Teen Court Criteria Teen Court defendants must be at least 12 years old but no more than 17 years old. Cases with restitution owing will be accepted upon approval of the victim and the State Attorney. The State Attorney will be responsible for preparing the "Order of Restitution" following the imposition of the Teen Court sanctions. Victims of crimes must be in agreement with teen court diversion or the case will not be eligible for Teen Court.

Law enforcement officers and the Department of Juvenile Justice may use their own discretion for referring to Teen Court youthful offenders who may not meet the criteria listed above. The Highlands County Teen Court will accept other referrals from School Officials, County Judges, and Circuit Judges. WHAT TYPES OF CASES ARE HEARD IN YOUTH COURT? Cases are generally referred by the police, probation dept., local courts and schools.

Typical cases that may be heard in Youth Court include petit larceny, assault and unlawful possession of marijuana. Youth Court currently processes misdemeanors and violations under New York State Penal Law as well as various school infractions including truancy and smoking. WHAT IS YOUTH COURT? Youth Court is a voluntary alternative to the criminal justice system for young people who have committed a crime or an offense. The goal of the Youth Court is to intervene in the early anti-social and delinquent behavior. Youth Court strives to promote feelings of self esteem and a desire for self improvement, and to foster a healthy attitude toward rules and authority.

Youth Court also offers a law - related education program for young people who seek to become members of the court. Contrast between a youth court and a Justice system; The disadvantage of the justice system; A Research Perspective, most young people between the ages of 12 and 17 years take part in what could be deemed criminal behaviour at some point during their adolescence. The vast majority are not apprehended for this behaviour. Of those who are caught, a relatively small number are brought before the youth court, especially when the criminal behaviour is of a minor nature. What are the consequences to a child who is caught, charged and brought before the criminal justice system?

Based upon the ostensible goals of our criminal justice system, one would assume that the child is in some way held accountable for his or her behaviour and learns that criminal behaviour will be punished. This, in turn, should lead to a decrease in subsequent criminal behaviour in most cases and send a message of deterrence to others who might be tempted to offend. The reality, however, is quite different. For the small proportion of young offenders who are apprehended for minor offences, it usually takes many months to come before a judge to be tried. Based upon a study by Peterson-Be dali and Abramovitch, it appears that these young people are encouraged to participate in a rigid system that defines truth and fact in a non-intuitive fashion and encourages the separation of morality from responsibility. For many young offenders, contact with the justice system leads to a lack of respect for the system and the lessons it attempts to impart.

Contact with the system also seems to have a negative effect on the behaviour of many young offenders. This may be due to the stigma of being involved with the system. A child in this position is often viewed thereafter by friends and authorities as a "bad" kid or a "troublemaker" and the child begins to live up to the label. Placing a child in custody strengthens the self-image of being a criminal and, in the words of Stockdale and Casale, editors of Criminal Justice Under Stress: "what the period of custody may well do is to turn the offender into a more sophisticated, confirmed and effective criminal".

Recognizing this difficulty, the Ontario Ministry of the Attorney General's Alternative Measures Program: Policy and Procedures Manual acknowledges that "minimization of unnecessary stigmatization and 'labelling' as a result of more formal exposure to the justice system " is one of the goals of the Alternative Measures program. Clearly, there are valid reasons to hold some young offenders criminally responsible for serious breaches of the law. While lengthy sentences may not deter young people from committing crimes and may not lower the rate of re-offending, custodial sentences will keep serious offenders off the streets for a period of time and seem to satisfy society's need for a retributive response to serious criminal behaviour. For lesser crimes, however, there appears to be little justification for processing young people through the formal criminal justice system. The school system may be a useful place in which to base a program that addresses some of the concerns which flow from the criminal justice system.

Other than the home environment, school has biggest impact on children. School is the predominant environment for students for at least 10 months of the year. Large numbers of children can be reached in one site and cultural changes within the school setting can also affect students who do not participate in the formal structure of the program. Peer mediation projects have been used to influence and guide behaviour in many ways over a number of years and in many different school settings with encouraging results. Such programs have been referred to as peer mediation and positive peer counselling. These programs have involved children ranging from junior kindergarten to grade 13.

There appears to be some basis for believing that students are capable of learning how to manage conflict appropriately and effectively and that they are further capable of assisting their peers to manage conflict in a useful fashion. Basic Operation of Youth Courts A youth who admits guilt to law enforcement, school, or probation officials, or to the Family Court Judge, can volunteer - with parental permission - to appear for a sentencing hearing before a court of peers. The type of offenses handled by Youth Courts include but are not limited to: o Theft o Alcohol and drug offenses o Vandalism and criminal mischief o Disorderly conduct o Assault o Traffic o Truancy o Trespass o School violations The jury is drawn from young volunteers and past offenders whose cases were heard in Youth Court. Teen volunteers who have graduated from a structured training course fill judge, prosecutor, defender and clerk roles.

The court is presented with evidence relevant to sentencing, including aggravating and mitigating conditions. It deliberates to construct sentences which stress rehabilitation of the offenders. Adult mentors may be used as case managers and tutors to young offenders. Youth Courts are generally assisted by an adult board of directors, advisor and coordinator. The goals of a youth court To help youths realize that they will be held accountable for their problem behavior. To educate youth on the impact their actions have on themselves and others.

To promote citizenship by teaching youth how the legal system works and how to communicate and resolve problems with peers more effectively. To provide a meaningful forum for youth to understand legal procedures and to practice forming logical arguments, negotiating for mutual agreement, and speaking publicly. To give community agencies an opportunity to become involved with youth by working with them in meaningful community service. The advantage of a youth court The positives of a youth court process can be far-reaching. It is a fantastic way to educate young people about the legal system. Youth courts can relieve the Family Court system of relatively minor cases and deliver justice quicker to defendants while the incident is fresh in their minds.

First-time offenders can experience the seriousness of their crimes by having their peers review and punish their behavior. Creating a youth court can open the lines of communication among community agencies dealing with young people. Youth courts demand a high level of volunteer dedication and participation from parents, school officials, law enforcement personnel and judges. Communities with youth courts think the effort is worthwhile. Because youth courts address juvenile crime on a local level, they can tailor their concerns to a community and its specific needs.

There's one more possible spinoff. When youths see the value of living and behaving as responsible and productive citizens, they invest in themselves and their community. It's worth trying. Punishments / Penalties Punishments can include: hours of community service writing letters of apology financial restitution based on the defendant's ability to pay A program of the Department of Criminal Justice Services, the program will involve students in grades 9-12 who participate in 20 hours of law-related classes and take an oath of confidentially to assume the roles of judge, juror, attorneys, court stenographer and bailiff They also must score at least 80 or above on a student bar exam Youngsters in grades 7-12 will be jurors.

What shows the programm? The program shows them how they can fix what they did wrong and make it right. It's not a slap on the wrist. It addresses the consequences of the crimes.

Communities that have youth courts have seen crime go down and over time, save money on court processing costs", said Wiley. How is the Youth Court different from an adult court? o Your age and welfare is taken into account and the Court tries to keep you within the family and community. o Judges are chosen for their understanding of young people and different cultures. o Hearings are private and cannot be reported in the media. o Parents are expected to go with you. o A free lawyer (called a 'Youth Advocate') can speak for you. Admitting or denying the charge In Court the Court Clerk or the Judge will read out the charge (s), (what the Police said you did). They will ask if you admit, or deny, each charge.

Your Youth Advocate should already have discussed these matters with you and you will know whether to say 'admit' or 'deny' or if your Youth Advocate is going to ask the court to let you have some time to think it over. If still unsure ask to speak to your Youth Advocate (who will be in Court) to have the case put off for a while so that you can go outside to talk about what you should do again.