Youth Courts & Community Justice The power of the peer community

Youth-led courtrooms Teen/peer/student courts: kids (age 12-17) in court! Teen/peer/student courts: kids (age 12-17) in court! Juvenile justice system (42%), law enforcement agencies, private non-profit organizations (22%), schools (36%) Juvenile justice system (42%), law enforcement agencies, private non-profit organizations (22%), schools (36%) Models: adult judge (53%), peer jury (31%), youth judge (18%), youth tribunal (10%) Models: adult judge (53%), peer jury (31%), youth judge (18%), youth tribunal (10%) Common characteristics: Common characteristics: Respondents volunteer & admit guilt Respondents volunteer & admit guilt Only non-serious offenses considered Only non-serious offenses considered Adult moderator assists as needed Adult moderator assists as needed Oath of confidentiality Oath of confidentiality

“Non-serious offenses” Type of Offense Percentage of Youth Courts that Accept this Type of Offense Theft91% Vandalism76% Alcohol73% Disorderly Conduct73% Assault67% Possession of Marijuana60% Tobacco59% Curfew Violations50% School Disciplinary45% Traffic Violation39% Truancy39% Trespassing38% Criminal Mischief30% Possession of Drug Paraphernalia24% Other drug offenses20% Harassment21% Fraud8%

“Fair and restorative dispositions” Sentencing Option Percentage of Youth Courts that Use this Sentencing Option Community Service99% Oral/written apologies94% Essays92% Educational Workshops73% Jury Duty73% Restitution61% Alcohol/Drug Assessment57% Curfew46% Tutoring37% Counseling37% Drug Testing31% Victim Awareness Classes29% Victim/Offender Mediation28% Peer Mediation23% Jail Tour22% Observe Teen Court14% Mentoring13% Suspend Driver's License9%

“Second chance” Criminal offenses Criminal offenses 7% of programs allow “not guilty” plea; conduct hearing to determine guilt or innocence 7% of programs allow “not guilty” plea; conduct hearing to determine guilt or innocence Diversion from juvenile court Diversion from juvenile court First-time misdemeanors: theft, vandalism, disorderly conduct, assault, etc. First-time misdemeanors: theft, vandalism, disorderly conduct, assault, etc. Restitution, counseling, drug & alcohol assessment, classes Restitution, counseling, drug & alcohol assessment, classes Charges dismissed; record cleared Charges dismissed; record cleared School misconduct Increasing as educators look to improve citizenship skills and try LRE Alternative to detention or suspension Truancy, minor fights, insubordination, cheating, smoking, vandalism Community service, apology letter, mentoring, tutoring, extra-curricular activities Charges dismissed; record cleared

Everyone wins! 6-9% recidivism over 6 months 6-9% recidivism over 6 months Youth volunteers receive 10 hours of training and invaluable experience; LRE Youth volunteers receive 10 hours of training and invaluable experience; LRE Collaboration between schools, juvenile justice system and community Collaboration between schools, juvenile justice system and community Diverting respondents out of juvenile justice court system saves $$$ Diverting respondents out of juvenile justice court system saves $$$

Toward a new model Balanced and Restorative Justice (BARJ) Balanced and Restorative Justice (BARJ) “Crime is a violation of people and relationships” (Godwin) “Crime is a violation of people and relationships” (Godwin) Victim and community are also important stakeholders Victim and community are also important stakeholders Accountability: opportunity to repair harm & respond to victim rather than unilateral punishment Accountability: opportunity to repair harm & respond to victim rather than unilateral punishment Competency: respondents are capable to build on strengths and contribute to community Competency: respondents are capable to build on strengths and contribute to community Community safety: victims can be entire communities; they should be protected and involved Community safety: victims can be entire communities; they should be protected and involved Accountability Community safetyCompetency development

Toward a new model (cont’d) 1980s to mid 1990s: “punishment” and “faith in the system” 1980s to mid 1990s: “punishment” and “faith in the system” Late 1990s – present: principles of repair, involvement and justice system facilitation Late 1990s – present: principles of repair, involvement and justice system facilitation Dialogue: victim & respondent, respondent & court, court & community  individualized, relevant dispositions, increased community involvement and problem-solving skills, strengthened relationships all around Dialogue: victim & respondent, respondent & court, court & community  individualized, relevant dispositions, increased community involvement and problem-solving skills, strengthened relationships all around

The power of community Williamson & Knepper (1995): need to focus on factors and influences of violence; “reverse peer pressure” could be effective Williamson & Knepper (1995): need to focus on factors and influences of violence; “reverse peer pressure” could be effective Time Dollar youth court (Washington D.C.): MzJzm4M Time Dollar youth court (Washington D.C.): MzJzm4M

The power of community (cont’d) Connell et al. (pg 290): “In order to develop a sense of connectedness and productivity, and to begin making decisions from a perspective that is less egocentric, young people also need to participate in groups of interconnected members […] They also need to experience themselves as individuals who have something of value to contribute to their different communities. When healthy opportunities to belong are not found in their environments, young people will create less healthy versions, such as cliques and gangs.” Connell et al. (pg 290): “In order to develop a sense of connectedness and productivity, and to begin making decisions from a perspective that is less egocentric, young people also need to participate in groups of interconnected members […] They also need to experience themselves as individuals who have something of value to contribute to their different communities. When healthy opportunities to belong are not found in their environments, young people will create less healthy versions, such as cliques and gangs.” Schutz (pg 697): “The truth is that dominant conceptions of a durable ‘culture of violence’ among the poor are contested […] History certainly matters, but a key determinant of criminal activity is whether one has experienced mistreatment by the justice system.” Schutz (pg 697): “The truth is that dominant conceptions of a durable ‘culture of violence’ among the poor are contested […] History certainly matters, but a key determinant of criminal activity is whether one has experienced mistreatment by the justice system.”AND “One of the central challenges limiting effective action against oppression in the central city is the diffusion of middle-class values of individualism and their contribution to declines in community sentiment” (699).

Discussion 1.) Considering our discussion about Jane Addams and violence, as well as recent developments in CPS, do you think the youth court system has what it takes to aid troubled communities? Would you help Time Dollar find funding? 2.) How/where do youth courts fit into the youth development movement as we’ve studied it so far? 3.) Do you see any applicability between this system and the adult justice system (esp. considering BARJ)?