The 16-year-old defendant is currently on trial for shoplifting and awaits the entrance of her peers, who will serve as the jury in her case. Standing by her side is a 16-year-old defense attorney, who is new to the job. The prosecutor, who was once in the defendant’s position, is seeking the maximum sentence. The judge announces the defendant’s sentence, which involves performing 15 hours of community service, attending workshops on teen court and shoplifting, and writing an apology letter to the retailer and her mother. The defendant is given a second chance through her participation in the Durham County Teen Court and Restitution Program, where her crime will be erased if she fulfills the requirements. This program is part of a national movement, with over 600 similar programs running in 45 states and the District of Columbia.
The interest in teen courts is so high that the US Department of Justice recently opened the National Youth Court Center in Kentucky. This center provides training and support for existing programs and individuals interested in establishing new ones. It also serves as a central hub for information on these programs. The involvement of youths in sending a message to their peers who have gone astray is seen as more impactful than if the message came from authority figures or adults, according to Shay Bilchik, the administrator of the juvenile justice office.
The teen court program in Durham was established in 1994 as an alternative justice system for middle and high school students who committed their first misdemeanor offense. The program aims to educate and hold students accountable without burdening them with a criminal record for life. Marcia Morey, the former assistant district attorney, initiated this program, and now as a state district court judge, she continues to volunteer as a judge in the teen court.
Teen courts across the nation share similar principles but operate under different models. They are administered by various entities including juvenile courts, probation agencies, law enforcement agencies, schools, and non-profit organizations. Teenagers fill roles as jurors, lawyers, bailiffs, and occasionally judges. If an offender successfully completes the program, the charges are dismissed. However, failure to comply may result in formal prosecution. Teen court programs are considered cost-effective for the court system, as they handle less serious cases and allow regular courts to focus on more severe crimes. According to a survey by the Urban Institute, teen courts handled 65,000 cases in 1998.
Like the Durham court, most teen courts deal with first-time offenders facing charges such as theft, misdemeanor assault, disorderly conduct, truancy, and drug or alcohol possession. The Durham court also handles cases involving crimes or policy violations committed on school campuses. The majority of cases referred to the court are done so by law enforcement officers, including those working in schools. Instead of determining guilt or innocence, most teen courts require the teenagers to admit to the charges in order to participate. In Durham, the severity of the offense determines the punishment, with potential sentences of up to 40 hours in teen court and up to 200 hours of community service. Offenders can choose from a list of 38 agencies and organizations to complete their community service, including the parks and recreation department, the sheriff’s office, and Habitat for Humanity. The aim of these programs is to apply positive peer pressure and guide youth offenders towards rehabilitation and accountability.
The program typically has an average annual budget of approximately $33,000. The funding for the program mainly comes from state juvenile justice programs, local government, businesses, school districts, and federal grants. In the case of Durham’s court, its budget is $190,000, with the majority of the funding coming from the state office of juvenile justice, the county, and local businesses. The court convenes every Thursday evening and hears a minimum of three cases. According to Ms. Volland’s estimate, around 125 to 150 volunteers participate in the program each year, including law students from nearby Duke University and North Carolina Central University. These law students work closely with the teenage "lawyers" who volunteer, providing them with guidance and advice as they present their cases.
One person who has volunteered with the program for six years is Natasha Johnson, who is 18 years old. After graduating from Southern High School, she plans to take a gap year before pursuing her dream of becoming a criminal lawyer in college. According to Natasha, teen court is a positive form of peer pressure as it has helped her understand the consequences of certain actions and avoid embarrassment. She mentioned that most students initially view it as a joke, but their attitude changes once they experience the community service and teen court sentences.
Cassey Bailey, who was 12 years old at the time, found herself in teen court three years ago due to truancy. She admitted to feeling scared and uncertain of the outcome at first. However, after being given community service as her sentence, she hesitated to continue working with the teen court. It was her mother’s encouragement that eventually led her back. Over time, Cassey gradually became more involved in the program, participating as a juror and eventually having the courage to act as a lawyer. She recognizes that she didn’t do a great job initially, but she believes that her experience with teen court has helped her mature.
In terms of evaluating the effectiveness of teen court programs, there are two main benefits identified by those involved. Firstly, these programs promote accountability among participants, and secondly, they provide an educational component for the youth volunteers. While preventing repeat offenses is another goal, no national evaluation on recidivism for teen court programs has been conducted. However, the federal juvenile justice office has enlisted the Urban Institute to evaluate the effectiveness of teen courts, with results expected next year. The Durham Teen Court program is also examining its impact on recidivism.
Recidivism rates and measurement methods vary significantly, but most programs report positive results. Tracy Godwin, the teen court research associate for the American Probation and Parole Association, mentioned a study conducted this year in Kentucky’s teen court program, which found a recidivism rate of 31 percent after one year. Similarly, a study from 1991 on a program in Arlington, Texas, revealed that 25 percent of participants ended up in trouble with the law again within two years.
While there are concerns that adolescents may not be capable of handling the responsibility that teen court requires, Tracy Godwin believes that critics underestimate the capabilities of these young individuals. It is important to acknowledge that teen court cannot address all the problems that some teenagers may face, as mentioned by Ms. Volland. However, the program does compel youths to face the consequences of their actions, which is not always the case in traditional juvenile court proceedings. In the Durham teen court, defendants are required to take the stand and explain their actions. This responsibility creates a greater sense of accountability among the participants, as highlighted by Ms. Morey. She argues that the responsibilities that teens feel in teen court exceed those in the real court system. Ms. Morey also believes it is essential for kids to recognize their mistakes and be given a second chance because the regular court system is not as forgiving.
The realization of making a poor decision hit home for an 18-year-old defendant who was charged with possessing a weapon at school. He assured the teen court judge and jury that his intention was not to harm anyone; he had simply overlooked the knife in his shirt pocket. When questioned by the jury about why he would carry a weapon, he responded by expressing regret and stating that if he had the opportunity to do it over, he would have left the knife in his car.
