Teen Courts 101

Goals of Teen Court

 ACCOUNTABILITY  Assist juvenile offenders in recognizing that they are responsible for their behavior; that the consequences they experience are a direct result of their own actions.

 ATTITUDE  Promote a positive attitude toward authority by showing respect, courtesy, confidentially and dignity to all individuals, both inside and outside the courtroom.

 APPLICATION  Provide a forum for juveniles to experience the judiciary system “hands on” and, in the process, reduce the likelihood of repeat offenders.

 ASSOCIATIONS  Establish positive relationships between the community and its youth, the results of which are better understanding, communication and reduced costs.

Who Does Teen Court Benefit?

 Teen Defendants

 Teens learn accountability  Cased adjudicated/dismissed  Positive peer pressure  Job Skills

 The Community  Recovering losses due to juvenile crime  Regaining confidence and pride in local youth

 The Courts and Juvenile Justice System  Reduced court backlogs without increased recidivism  Low cost educational programs for restorative justice, diversion

1 Who Does Teen Court Benefit (continued)?

 Families  Chance to re-engage in positive dialogue with their children.  Forces youth to take responsibility for their actions.  Low fees for the teen and parent.  Volunteers  Extracurricular activity that teaches responsibility and accountability.  Micro sampling of Courts for those who may be interested in the profession.  Volunteer opportunity for service hours, mentoring, scholarships, etc.  Public speaking, reasoning, listening, debate, leadership practical practice.

Various Structures

•Department of Municipality (City)

•Department of County

• Diversion or First Offender Programs • Condition of Probation

•Non-Profit

•Collaboration with Schools

•Collaboration with other non-profits

VARIOUS FUNDING SOURCES

 City/County Government  Service Clubs (Junior League, Kiwanis, Rotary, etc.)  School Districts  Private Foundations  State & Federal Grants  Partner with Non-Profits  Fundraising  Specialty Groups: Local Bar Association, Young Lawyers, Law Wives, Etc.

2 VARIOUS MODELS: Trial Jury Participants:

 Defendant on trial

 Student Prosecuting Attorney

 Student Defense Attorney

 Student Court Clerk

 Judge-City/County Judge or local attorney

 Jury Panel-Previous Teen Court defendants and/or volunteers

 Court Bailiffs- Volunteer court deputies or student volunteers

 Jury Monitor- Adult volunteer

Trial Jury (continued) Process: Proceedings follow basic adult court format  Introduction by Judge

 Swearing in of jurors  Case called by Clerk

 Questioning of jury panel by student attorneys

 Opening statements  Defendant called to stand and sworn in

 Questioning by Defense and Prosecution  Closing arguments

 Jury Deliberation

 Read sentencing verdict

Master Jury

Process- One on one discussion with jury panel and defendant.

 Jury is given case to review before calling defendant in for questioning  Defendant gives statements, explains offense and answers questions from jury panel

 Jury Deliberates  Verdict is read

3 Tribunal Jury

Process- One on one discussion with smaller(less than 6) member jury panel, Judge and defendant.  Jury is given case to review before calling defendant in for questioning  Defendant gives statements, explains offense and answers questions from jury panel and Judge  Jury Deliberates  Verdict is read

This is a good model for smaller “court rooms” and when there are not very many inquisitive jurors and a lot of defendants.

Advocate Court

The defendant (with a defense attorney) plead their case before a panel of 3-6 teens who questions the defendant/attorney and determine the community service hours. (Used when there are not many student attorneys.)

Plea Bargain

The defendant meets with both prosecuting and defense attorney, case is discussed openly, and sentence is determined outside of courtroom with Judge’s approval. (Used for special cases where the defendant may not speak clearly or for “delicate” offenses which should not be heard in open court.)

4 DISPOSITION/COMMUNITY SERVICE GRID (FORT WORTH)

 CLASS I--Community Service: 8-16 Hours Jury Terms: 2

 Defective lights, Equipment violations (registration, inspection)  No helmet (bicycle/motorcycle)  Anti-noise violations (music too loud)  Following too closely (City Ordinance)

 CLASS II--Community Service: 16-32 Hours Jury Terms: 2

 One-way street/ Wrong side of street  Impeding traffic/Unsafe lane change  Red light/Stop sign, No turn signal/Improper turn  Speeding 1-15 MPH over speed limit  Disobey traffic control device/No Seat Belt  Unlawful Riding/Child in pick-up  Jaywalking/Skateboarding, Littering/Loitering

DISPOSITION/COMMUNITY SERVICE GRID (FORT WORTH)

CLASS III--Community Service: 32-48 Hours Jury Terms: 2 Driver's license restrictions/No Child Safety Seat Speeding 16-24 MPH over speed limit Speeding-SZ/Const-1-15 MPH over limit Curfew/Park Curfew, Attempted Criminal Trespass Disorderly Conduct-Language, gesture, odor

CLASS IV--Community Service: 48-64 Hours Jury Terms: 2 No Operator’s license/No Insurance Speeding 25+ MPH over + Speeding-SZ/Const-16+ MPH over Passing school bus/emergency vehicle + DSC Cell phone use in school zone, Accident violations Most non-traffic violations such as: Theft, Criminal Mischief, Truancy, Public Intoxication, Assault, Disorderly Conduct, MIP, MIC, Fireworks, Disruption of Trans, Discharge, Air Gun, Possession Drug Paraphernalia, Disruption of Class

Relevance to JCMs?

 Truth: our missions are similar!

 One in the same? TC Coordinator IS JCM

 Nationally, Teen Courts have better than 80% completion rate and less than 10% recidivism rate.

5 Texas Governing Statues

Chapter 45, Texas Code of Criminal Procedure Authorizes Teen Court as Deferred Option Chapter 102, Texas Code of Criminal Procedure Graffiti Eradication Fund Chapter 54, Texas Family Code Authorizes Teen Court as a Deferred Option Chapter 103, Texas Government Code Allows $20 fee for Teen Court

Texas Education Code Sec. 37.144 Graduated Sanctions For Certain School Offenses

“System may require….. • Warning Letter stating alleged behavior • A Behavioral Contract signed by Child, Parent/Guardian and School Employee • Performance of School Based Community Service • Referral To Counseling

If a child fails to comply with or complete graduated sanctions under Section 37.144, or if the school district has not elected to adopt a system of graduated sanctions under that section, the school may file a complaint against the child with a criminal court in accordance with Section 37.146

Referral made at Campus Level

Teen Court Justice Court JCM District Chief

Parent Letter Sent

Services Accepted Refuses or Fails to Appear Attends Trial

Completes Program Fails to Complete No further Action Or Reoffends in 90 Day Window Summons to Court

6 QUESTIONS

KRISTIE DEMPSEY Executive Director Teen Court of Texarkana 903-798-3941 [email protected]

7