Youth Courts:
A Community Solution to Embracing At-Risk Youth

A Forum — April 15, 2005

Youth court is a rapidly expanding alternative to the juvenile justice system for young people who have committed non-violent offenses, growing from 78 programs in 1994 to 1,035 in March 2005. Youth volunteers, under the supervision of adult volunteers, work as bailiffs, clerks, jury and judges, questioning the offender, deliberating and imposing sentences. The program’s goal is to intervene in early antisocial, delinquent and criminal behaviors to reduce incidents and prevent the escalation of such behaviors.

Building upon the Urban Institute’s 2002 research on teen courts, the American Youth Policy Forum (AYPF), with support from the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and the National Youth Court Center (NYCC), conducted a nationwide review of youth court programs between November 2004 and January 2005. A 40% return rate from programs has yielded a useful snapshot of the current youth court landscape.

The research revealed in the report, Youth Courts: A Community Solution to Embracing At-Risk Youth, was released at this briefing and commented on by a panel of speakers. Findings from the report share details about the recent successes and benefits of the youth court program, such as program completion, cost, returns on investment, impact on youth offenders and volunteers, educational and civic opportunities, program sustainability, and recommendations to policymakers. Significant findings that may be of interest to policymakers at all levels are:

• An estimated 110,000 to 125,000 youth offenders are served in youth court programs each year.

• On average, nine percent of juvenile arrests in a jurisdiction are being diverted from the formal juvenile justice system to youth courts.

• Another 100,000 youth per year are benefiting from their participation in the program as volunteers.

• Returns on investment are immediate, as even in programs with only two years of operation more than 80% of the youth offenders have completed their sentences successfully.

• In 30% of the participating programs, 1 in 5 youth offenders returns to the program as a volunteer.

• The average costs of youth court programs are estimated as $430 per youth served and $480 per youth successfully completing a sentence. These low operation costs are maintained through the programs’ reliance on adult and youth volunteers.

Some of the benefits of the program:

• To the juvenile justice system – youth courts reduce court backlogs without increasing recidivism.

• To youth offenders – youth courts provide an outlet to confront the consequences of their actions and protection from contact with “hardcore” offenders as well as avoidance of a juvenile court record that may jeopardize their future.

• To youth offenders and volunteers – youth courts provide opportunities to learn about responsible citizenship and law, and to develop skills in public speaking, mediation, and pro-social leadership through hands-on experience.

• To families – youth courts provide a chance to re-engage in a positive dialogue with their children and to learn more about the justice system with them.

• To communities – youth courts help recover losses due to juvenile crime and restore confidence and pride in local youth.

Panelists commented on the report’s findings, offering their insights into the world of youth court. Steve Culbertson, president of Youth Service America said, “We are expecting our young people to make a difference, but don’t give them any opportunity to participate. We can’t afford to wait until tomorrow for them [young people] to be leaders. We need them today.” Culbertson offered two reasons why he supports the program: First, there are over one hundred thousand youth serving as judge, jury, attorneys, and bailiffs in real service-learning. “We have citizens in a centerpiece role, particularly young people, in the justice system.” Second, the program builds on the idea of service, getting young people directly involved in their communities. “The youth court model uses community service as punishment, but volunteering side by side with peers who serve as judge, jury, and bailiff, young people learn that they were not made to participate simply for punishment, but for reflection, asking themselves “Who am I” and “What is my responsibility.” It is a powerful dynamic of peer pressure” said Culbertson. Adults also play a significant role in the program, and as Culbertson suggests, “this program provides a format for a caring adult in these children’s lives.” The program challenges adults to make a place for youth at the table, allowing them to engage young people in serious and authentic way.

J. Robert Flores, Administrator, U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention described himself as a former prosecutor who, in the past, did not find the jailing of delinquents offensive and at first saw the youth court program as a “cuddly and liberal” program until he saw it in action. Flores believes the program meets the needs of both liberal and conservatives: “It has the empowerment aspect that liberals like and the obedience and respect aspect that conservatives feel is needed.” Flores believes some of the Baby Boomer generation may have failed their children. “We are not there for our children the way previous generations were,” says Flores. The youth court program forces parents and kids together, it includes mentoring so there is another caring adult in the youth’s life, and provides meaningful learning about the community, offering trust aspects that allow teens to feel empowered. Flores was quick to add that youth court is not “soft” on kids. He added that there should be a way to help more urban locations, or any location where there is a high number of at-risk youth, get a youth court program of their own. His suggestion for doing this is through a command of budgeting, an idea he calls “budget plus.” This idea hinges on leveraging and aligning local community budgets to make a real change in the community. This must be supported by community leaders’ desire to increase and support volunteerism at the local level, as President Bush has suggested in his USA Freedom Corps initiative. Federal funding can be supportive by providing technical training to help local programs grow.

Carl Wicklund, Executive Director of American Probation and Parole Association (APPA) believes that the youth court program frees up courts and prosecutors to focus on more serious, chronic and troublesome crimes committed by youth, allowing the juvenile court system to focus greater attention and deal more swiftly with serious crimes committed by youth. This, in turn, provides for a safer community. Wicklund’s agency serves as a host for National Youth Court Center, home to youth and teen court information, training and guidance nationwide. He suggested that young offenders of less serious crimes risk falling into the juvenile justice system where they will likely not receive the appropriate youth development attention needed to correct their behavior. Youth courts deal with offenders quickly and in a way that places greater emphasis on accountability by the individual. By expanding youth court into more communities, “we’re keeping kids out of the formal justice system and enriching communities,” said Wicklund.

What attracts youth to the youth court program? Wicklund believes, “To be successful with youthful offenders, rewards need to outweigh punishment four-to-one.” For youth offenders, the program demonstrates that adults still believe in them to bring about positive change in their lives. “Juvenile justice involvement can be isolating for kids; but by bringing them into a youth court program, you’re putting your arms around them,” said Wicklund. For youth volunteers, they get a chance to shine as leaders or participants in the community. “It’s very important for community members to see youth involved in positive activity, not just as nuisances or aggressors. Many adults, including teachers fear having groups of “troubled” kids around them. There is also an underlying fear among adults which Wicklund believes inhibits them from feeling comfortable in allowing youth to make authentic decisions that affect others. Adults must overcome their fear to relinquish control. Youth court programs provide professional development and guidance from adult volunteers that allows for real decision-making by youth that is empowering for all involved.

Two practicing attorneys who serve as adult volunteers with the Charles County Teen Court shared their perspectives on working with youth through the program. Kenneth Talley serves as a Chief Community Judge in the Charles County Teen Court and gave an overview of sanctions that are given to those tried through teen court: jury duty sessions, community service, essays, letters of apology, EMS ride-alongs, review and discussion of newspaper articles of recent car wrecks or crimes in the community, formal probations, and special requests for youth to write a eulogy for someone they could have killed as a result of their crime (traffic related crime). “One young man that came into courtroom as a respondent, he was belligerent and not pleased about receiving sanctions that involved serving on a jury. I saw him go through an amazing metamorphosis from defiant to passive to engaged to de facto foreperson of the jury. I am just the messenger, I ask the respondent to rise and face the jury of his peers who handed down the sentence,” said Talley. Diana Donahue, also a Chief Community Judge, Charles County Teen Court reported that the program “is formal in structure since they use the circuit court courtrooms and the judges wear robes – this makes it solemn and participants take the proceedings quite seriously. There is an adult advisory committee that meets quarterly to discuss the program, i.e.: revise judges manual, recognize volunteers – this has helped with the success of the program. Donahue has seen kids who were respondents come back and volunteer. She described a student who became a teen lawyer and was really nervous and would only read from her notes while prosecuting or defending until one day she found the confidence in herself to deliver a speech to the jury without notes and how wonderful it was to see her grow into herself.

Youth volunteer, Natalie, came to the Charles County Teen Court Program in February 2004, where she initially participated as a respondent. After successfully completing the program, she had a strong desire to help her peers and transitioned to the role of volunteer. Natalie is active within the Charles County 4-H and has served as its president and vice president. Her interests include showing horses at local events and teaching riding to children. Natalie is currently a freshman at the College of Southern Maryland after graduating from La Plata High School with a 3.5 GPA. She continues to be an active volunteer for the Teen Court Program. “The program really works,” said Natalie. “Teenagers read each other better than adults and we know when our peers are telling the truth. [Teen court] has a positive influence on others and that’s what keeps us coming back.”

For a full copy of the youth court report, please visit www.aypf.org or www.nycc.org.

American Youth Policy Forum   1836 Jefferson Place NW,  Washington DC 20036
Telephone 202-775-9731      |      Fax 202-775-9733      |     Email aypf@aypf.org