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.
Their purpose is to provide an alternative disposition for
juveniles who have committed a
delinquent
Delinquent may refer to:
* Delinquent (royalist)
In 1643, near the start of the English Civil War, Parliament set up two committees: the Sequestration Committee, which confiscated the estates of the Royalists who fought against Parliament, and ...
act, have committed a
minor offense, or have been charged with a
misdemeanor
A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
, 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
In criminal law, a sentence is the punishment for a crime ordered by a trial court after conviction in a criminal procedure, normally at the conclusion of a trial. A sentence may consist of imprisonment, a fine, or other sanctions. Sentences f ...
and sentence fulfillment. Teen courts and their verdicts are not authorized by
public law
Public law is the part of law that governs relations and affairs between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that ...
.
Court structure
Teen courts are staffed by youth
volunteers
Volunteering is an elective and freely chosen act of an individual or group giving their time and labor, often for community service. Many volunteers are specifically trained in the areas they work, such as medicine, education, or emergenc ...
who serve in various capacities within the program, trained and
acting in the roles of
juror
A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...
s,
lawyer
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s,
bailiff
A bailiff is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary.
Another official sometimes referred to as a '' ...
s, and
clerks
A clerk is someone who works in an office. A retail clerk works in a store.
Office holder
Clerk(s) may also refer to a person who holds an office, most commonly in a local unit of government, or a court.
*Barristers' clerk, a manager and administ ...
. 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
YMCA, sometimes regionally called the Y, is a worldwide youth organisation based in Geneva, Switzerland, with more than 64 million beneficiaries in 120 countries. It has nearly 90,000 staff, some 920,000 volunteers and 12,000 branches w ...
. 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
A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
, 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 and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...
to someone harmed or inconvenienced by their actions, or creating an informational awareness project about
health
Health has a variety of definitions, which have been used for different purposes over time. In general, it refers to physical and emotional well-being, especially that associated with normal functioning of the human body, absent of disease, p ...
,
safety
Safety is the state of being protected from harm or other danger. Safety can also refer to the control of recognized hazards in order to achieve an acceptable level of risk.
Meanings
The word 'safety' entered the English language in the 1 ...
,
respect
Respect, also called esteem, is a positive feeling or deferential action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also th ...
, 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 may refer to:
Common uses
* Alcohol (chemistry), a class of compounds
* Ethanol, one of several alcohols, commonly known as alcohol in everyday life
** Alcohol (drug), intoxicant found in alcoholic beverages
** Alcoholic beverage, an alco ...
or
drug
A drug is any chemical substance other than a nutrient or an essential dietary ingredient, which, when administered to a living organism, produces a biological effect. Consumption of drugs can be via insufflation (medicine), inhalation, drug i ...
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.
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
Training is teaching, or developing in oneself or others, any skills and knowledge or fitness that relate to specific useful competencies. Training has specific goals of improving one's capability, capacity, productivity and performance. I ...
, a modified
bar exam
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
Australia
Administering bar exams is the responsibility of the bar associat ...
,
peer mentoring and compliance with a
code of conduct
A code of conduct is a set of rules outlining the social norm, norms, rules, and responsibilities or proper practices of an individual party or an organization.
Companies' codes of conduct
A company code of conduct is a set of rules which is comm ...
. Many youth courts establish a youth
bar association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. or
ethics
Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches inclu ...
body which helps to set
guideline
A guideline is a statement by which to determine a course of action. It aims to streamline particular processes according to a set routine or sound practice. They may be issued by and used by any organization (governmental or private) to make ...
s for ethical and fair procedure.
Because cases heard by teen courts are ''real'' cases, participants in teen court programs are required to return all case documentation,
and to sign an
oath
Traditionally, an oath (from Old English, Anglo-Saxon ', also a plight) is a utterance, statement of fact or a promise taken by a Sacred, sacrality as a sign of Truth, verity. A common legal substitute for those who object to making sacred oaths ...
of
confidentiality
Confidentiality involves a set of rules or a promise sometimes executed through confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information.
Legal confidentiality
By law, la ...
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 is a community-based approach to justice that aims to repair the harm done to victims, offenders and communities. In doing so, restorative justice practitioners work to ensure that offenders take responsibility for their ac ...
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 (; from 'recurring', derived from 'again' and 'to fall') is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to Extinction (psycholo ...
. 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
In psychology, decision-making (also spelled decision making and decisionmaking) is regarded as the cognitive process resulting in the selection of a belief or a course of action among several possible alternative options. It could be either ra ...
. Because of the active role the victim plays, qualitative assessments can be made into victim impact and victim satisfaction.
See also
*
Arbitration
Arbitration is a formal method of dispute resolution involving a third party neutral who makes a binding decision. The third party neutral (the 'arbitrator', 'arbiter' or 'arbitral tribunal') renders the decision in the form of an 'arbitrati ...
*
Conflict resolution
*
Dispute resolution
*
Family therapy
*
Mediation
Mediation is a structured, voluntary process for resolving disputes, facilitated by a neutral third party known as the mediator. It is a structured, interactive process where an independent third party, the mediator, assists disputing parties ...
*
Office of Juvenile Justice and Delinquency Prevention
*
Restorative justice
Restorative justice is a community-based approach to justice that aims to repair the harm done to victims, offenders and communities. In doing so, restorative justice practitioners work to ensure that offenders take responsibility for their ac ...
*
Youth crime
*
Youth justice in England and Wales
*
Youth voice
References
{{reflist
External links
National Association of Youth Courts- comprehensive website on youth courts (established in 2007),
Baltimore, Maryland
Baltimore is the List of municipalities in Maryland, most populous city in the U.S. state of Maryland. With a population of 585,708 at the 2020 United States census, 2020 census and estimated at 568,271 in 2024, it is the List of United States ...
.
United Youth Courts of Alaska websiteArizona Teen Court Association websiteFlorida Association of Teen Courts websiteNew York State Youth Courts Association website- from the
Education Resources Information Center
The Education Resources Information Center (ERIC) is an online digital library of education research and information. ERIC is sponsored by the Institute of Education Sciences of the United States Department of Education.
Description
The missio ...
Clearinghouse for Social Studies/Social Science Education,
Bloomington, Indiana
Bloomington is a city in Monroe County, Indiana, United States, and its county seat. The population was 79,168 at the 2020 United States census, 2020 census. It is the List of municipalities in Indiana, seventh-most populous city in Indiana and ...
.
Youth Courts International websiteGlobal Youth Justice Website
Juvenile courts
Dispute resolution