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AUTHOR Godwin, Tracy M.TITLE Peer Justice and Youth Empowerment: An Implementation Guide

for Teen Court Programs.INSTITUTION National Highway Traffic Safety Administration (DOT),

Washington, D. C.; Council of State Governments, Lexington,KY.; Department of Justice, Washington, DC. Office ofJuvenile Justice and Delinquency Prevention.; AmericanProbation and Parole Association, Lexington, KY.

PUB DATE 1996-00-00NOTE 291p.; Produced with Daid J. Steinhart and Betsy A. Fulton.CONTRACT DTNH22-94-Z-05212PUB TYPE Guides Non-Classroom (055) Tests/Questionnaires (160)EDRS PRICE MF01/PC12 Plus Postage.DESCRIPTORS Adolescents; Delinquency; *Delinquent Rehabilitation;

Empowerment; *Juvenile Courts; *Juvenile Justice; PeerInfluence; Program Descriptions; Program Development;Program Evaluation; Secondary Education; Volunteers; YouthProblems

ABSTRACTGrowing evidence indicates that teen courts give a

community's children and adults a practical response to the problemsassociated with delinquency, traffic safety, and substance abuse. Developingand implementing teen courts requires a collaborative effort and juvenilejustice agencies need baseline information that will aid them in creatingteen court programs as viable alternatives for juvenile offenders. Adescription of the teen court program, along with baseline information, areprovided in this guide. The text examines the teen court concept in depth,giving a history of its effectiveness. No particular program model isendorsed, but examples and descriptions are provided to illustrate thevariety of ways teen court programs operate. Detailed information is given onorganizing the community, developing a program purpose and goals, designingprogram services, developing a program model, recruiting and trainingvolunteers, as well as program evaluation and on legal issues. At the end ofeach chapter are checklists that summarize the chapter's material anddirections for guiding program developers. Seven appendices include: sampleresources for program development and implementation, sample teen courtprogram brochures, a teen court directory, sample forms, sample courtroomprotocol, sample volunteer resources, and sample program evaluationresources. (Contains approximately 100 references.) (RJM)

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U S DEPARTMENT OF EDUCATIONOffice of Educational ReSearCh and Improvement

EDUCATIONAL RESOURCES INFORMATIONCENTER (ERIC)

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FOREWORD

Growing evidence indicates that teen courts give a community's children and adults a practical responseto the problems associated with delinquency, traffic safety, and substance abuse. The teen court program,often referred to as youth court or peer court, holds youthful offenders accountable for their actions. Theprogram also helps develop valuable skills and competencies that will aid them in becoming moreresponsible and productive citizens.

Early intervention is often the key to turning young lives around. Peer influence can have remarkablesuccess. Teen courts are every bit as vigorous as the more traditional courts and pack the added wallopof having juvenile offenders explain their conduct to other young people who know the circumstances oflife in the community. Teen juries are thoughtful, conscientious, and not easily misled.

To assist jurisdictions in the development of teen courts, the National Highway Traffic SafetyAdministration of the U.S. Department of Transportation and the Office of Juvenile Justice andDelinquency Prevention of the U.S. Department of Justice have joined with the American Probation andParole Association in preparing this comprehensive guide to the area of the teen court programming. Weencourage you to adapt the concepts discussed in the document to design and implement a program thatfits your needs.

Janet Reno Federico PerlaUnited States Attorney General Secretary of Transportation

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The research conducted for this Guide was supported under award #DTNH22-94-Z-05212 from theNational Highway Traffic Safety Administration, U.S. Department of Transportation.

This Guide was prepared in cooperation with the Council of State Governments, which providessecretariat services to the American Probation and Parole Association.

Points of view or opinions expressed in this document are those of the author(s) and do not necessarilyrepresent the official position or policies of the U.S. Department of Transportation or the

U.S. Department of Justice.

AUTHOR

Tracy M. Godwin

with

David J. Steinhartand

Betsy A. Fulton

ACKNOWLEDGMENTS

This document was designed and developed bystaff and consultants from the AmericanProbation and Parole Association (APPA).Funding for this project was provided through agrant from the Department of Transportation,National Highway Traffic Safety Administration(NHTSA). The U.S. Department of Justice,Office of Juvenile Justice and DelinquencyPrevention (OHDP), also contributed to thisproject. This Guide draws on the ideas andexperiences of many who work ih teen courtprograms across the nation. It would beimpossible to acknowledge individually all whocontributed; however, we would like toespecially express our appreciation to all ofthose who sent in program materials, respondedto the APPA Teen Court Program Survey, andtook the time to discuss their programs andanswer our numerous questions.

The following individuals provided consultationin the review of this Guide. Their contributionsand support are greatly appreciated.

Cathy MoellerFormer Teen Court CoordinatorLaPorte Teen Court ProgramLaPorte, Indiana

Linda BlairTeen Court CoordinatorFort Worth Teen Court ProgramFort Worth, Texas

Scott B. PetersonDirectorYouth Courts of the Capital Districts, Inc.Latham, New York

William C. PericakAssistant U.S. AttorneyPresident, Board of DirectorsYouth Courts of the Capital Districts, Inc.Latham, New York

Special thanks and acknowledgments also areextended to: James B. Wright, Project Monitorwith the National Highway Traffic SafetyAdministration, for his invaluable and continuedguidance and support; David J. Steinhart andBetsy A. Fulton for their respectivecontributions in the writing of Chapter 3, "LegalIssues for Teen Courts" and Chapter 10,"Program Evaluation;" the staff and volunteersof the Buncombe County Teen Court Program inAsheville, and the Cumberland County TeenCourt Program in Fayetteville, North Carolinafor their insight and input; Paula Nessel, ProjectCoordinator with the National Law-RelatedEducation Resource Center of the American BarAssociation, for her support and assistance inpromoting teen courts on a national level; andTimothy H. Matthews, APPA Staff Director, andKimberly Borwig, Administrative Assistant, fortheir ongoing guidance and support throughoutthe development of this Guide.

7

TABLE OF CONTENTS

INTRODUCTION TO THE GUIDE ix

CHAPTER 1: AN OVERVIEW OF THE TEEN COURT CONCEPT 1

Introduction 3Examining Why Communities Should Implement Teen Court Programs 3Individual and Societal Effects of Adolescent Substance Use and Delinquency 5

Effects of Delinquency and Substance Use on the Individual 5Societal Costs of Crime and Substance Use 6

Teen Courts as a Method for Responding to Delinquency and Substance Use 8Holding Offenders Accountable 8Capitalizing on Peer Influence 8Facilitating the Development of Competencies in Youth 9Empowering and Involving Youth 9

The History and Present Status of Teen Court Programs 10Trial Models 11

Trial Model A 11Trial Model B 11Trial Model C 12

Peer Jury Models 12Purpose of This Manual 12Conclusion 14

CHAPTER 2: ORGANIZING THE COMMUNITY 15Introduction 17Developing Stakeholder Partnerships 17

Identifying Key Stakeholders 17Judges 18Juvenile Justice System Representatives 18City and State Officials 19Educators and School Officials 19Civic and Social Service Organization Representatives 19Victims 19Youth 19

Making Contact With Stakeholders 20Surveys and Questionnaires 20Personal Contact 21

Forming a Task Force or Advisory Committee 21Using Community Resources Efficiently 23

Conducting a Needs and Resources Assessment 23Type of Information to Be Gathered 23Possible Data Sources 23Using the Information Received 24

Interagency Coordination and Collaboration 24Sustaining Community Support 25

American Probation and Parole Association

Conclusion 26Checklist for Organizing the Community 27

CHAPTER 3: LEGAL ISSUES FOR TEEN COURTS 29Introduction 31

Authorization and Sponsorship 31

Issues of Due Process and Consent 32Consent Forms 33

Teen Court Legal Procedure 34

Confidentiality 34Privacy Rights in the Context of Teen Court 34Attendance at Proceedings 35

Handling of Records 35

Written Policies and Protocols 35

Liability 35

Immunity 36Waivers and Releases 36Insurance 37

Liability and Volunteers 38Conclusion 39Checklist for Legal Issues 40Notes for Chapter 3 42

CHAPTER 4: DEVELOPING A PROGRAM PURPOSE, GOALS, AND OBJECTIVES 43Introduction 45The Balanced Approach Mission and Restorative Justice Model 45

Accountability 46Competency Development 47Community Protection 48

Sample Statements of Purpose, Goals, and Objectives 48Program Purpose 49Program Goals 49

Focusing on Target Population and Services to Be Provided 50Basing Goals on Prioritized Needs and Available Resources 50Differentiating Between Short- and Long-Term Goals 50

Program Objectives 51

Conclusion 52Checklist for Program Purpose, Goals, and Objectives 53

CHAPTER 5: DETERMINING A TARGET POPULATION AND DESIGNING AREFERRAL PROCESS 55

Introduction 57Defining a Target Population 57

Examining Needs and Resources 58Relating Target Population to Program Purpose 60Determining If Services Can Be Provided to the Target Population by the

Teen Court Program 60

ii American Probation and Parole Association

Establishing a Referral Process 61Determining Potential Referral Source(s) 61

Analyzing the Local Juvenile Justice System 61Assessing the Complexity of Screening Criteria 62Considering the Impact of the Process on Evaluation Efforts 63

Establishing a Referral Procedure 63Informing and Educating Referral Sources 64

Conclusion 65Checklist for Target Population and Referral Process 66

CHAPTER 6: DESIGNING PROGRAM SERVICES 69Introduction 71Examining Needs of Youth, Victims, and the Community 71

Youth Needs 71Victim Needs 72Community Needs 73

Developing Program Services 74Designing Sentencing Options 74

Community Service 74Jury Duty 75Educational Workshops 78Oral or Written Apologies to Victims 78Essays 78

Determining Additional Sentencing Options and Services 78Peer Discussion Groups 79Tutoring 79Special Events 79Peer Mediation 80

Victim Services 80Victim Awareness 80Victim Input 81Victim Restitution 82Victim Notification 83Information and Referral Services 83

Forming Interagency Agreements 83Factors to Be Considered in the Selection Process 84Negotiating the Agreement 85Writing the Contract 85Evaluating the Services Delivered 85Maintaining the Partnership 87

Conclusion 87Checklist for Program Services 88

CHAPTER 7: DEVELOPING A PROGRAM MODEL AND PROCEDURES ANDIMPLEMENTING EFFECTIVE CASE MANAGEMENT PRACTICES 91

Introduction 93Selecting a Teen Court Program Model and Legal Procedure 93

American Probation and Parole Association iii

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Determining Location and Other Logistical Issues 95Establishing Effective Case Management Practices 96

Maintenance of Case Files and Program Records 96Prehearing Tasks and Activities 96

Intake Interviews 97Docket Cases 98Assigning Volunteers to Court 98

Teen Court Hearings Tasks and Activities 99Jury Selection 100Posthearing Tasks and Activities 100Followup Interviews 100

Case Monitoring 101

Terminating Cases 101

Exit Interviews 102

Conclusion 102Checklist for Program Model, Procedure, and Case Management 103

CHAPTER 8: RECRUITING, USING, AND TRAINING VOLUNTEERS 105

Introduction 107

Examining Possible Volunteer Roles 107

Traditional Youth Volunteer Roles 107

Traditional Adult Volunteer Roles 108

Additional Youth Volunteer Roles 108

Additional Adult Volunteer Roles 110

Recruiting and Selecting Volunteers 112

Defining Roles and Developing Job Descriptions 112

Developing Screening and Application Procedures 112

Developing a Recruitment Plan 113

Volunteer Training and Development 115

Types of and Approaches to Training 115

Selection of Training Content and Development of Training Materials 116

Needs Assessment 117

Establishing Training Goals and Objectives 118

Selecting Training Content 119

Training Materials 120

Methods of Training Delivery 121

Characteristics of Youth Learners 121

Characteristics of Adult Learners 122

Training Techniques and Methods 122

Location and Logistical Considerations 123

Determining When, Where, and How Often to Conduct Training Sessions 123

Selecting Training Facilitators 124

Evaluating the Training 124

Sustaining Volunteer Support 124

Conclusion 127

Checklist for Use, Recruitment, and Training of Volunteers 128

iv American Probation and Parole Association

CHAPTER 9: EXAMINING HUMAN AND FINANCIAL RESOURCE ISSUES 131Introduction 133Staff Selection Process 133

Determining How the Program Will Be Staffed 133Determining Job Duties and Qualifications 134Recruiting and Hiring Staff 137Evaluating Job Performance 138Promoting Job Satisfaction and Professional Development 138

Funding 139Determining Costs of Program 140Determining In-Kind Support and Services 140Determining Possible Sources of Monetary Support 140

Grants and Funding Programs 141Additional Sources of Funding 142

Conclusion 143Checklist for Staffing and Funding 144

CHAPTER 10: PROGRAM EVALUATION 147Introduction 149What Is Known About Teen Court Effectiveness? 149Why Evaluate? 150Key Questions to Guide Program Evaluation 151

What Are the Purposes of Program Evaluation9 151Who Should Conduct the Program Evaluation9 152Who Will Be Affected by the Evaluation? 152What Are the Specific Research Questions to Be Answered through Program

Evaluation9 152What Evaluation Design Will Be Used? 153What Data Need to Be Collected9 153What Data Sources are Available9 153Who Is Responsible for Collection, Coding, Management, and Analysis? 155What Procedures Will Be Followed for Reporting the Information? 155How Will the Information Be Used? 155

Performance-Based Measurement 156Rethinking Recidivism 156Alternative Outcome Measures 158Developing and Implementing Performance-Based Measurements 159

Involving Key Stakeholders 160Identifying Agency-Specific Measures 160Linking Employee Evaluation to Performance-Based Measurement 163

Management Information Systems 164Conclusion 165Checklist Evaluation 166

REFERENCES 167


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APPENDIX A: TEEN COURT DIRECTORY 175

APPENDIX B: SAMPLE RESOURCES FOR PROGRAM DEVELOPMENT ANDIMPLEMENTATION 193

APPENDIX C: SAMPLE TEEN COURT PROGRAM BROCHURES 201

APPENDIX D: SAMPLE FORMS 205

APPENDIX E: SAMPLE COURTROOM PROTOCOL 237

APPENDIX F: SAMPLE VOLUNTEER RESOURCES 247

APPENDIX G: SAMPLE PROGRAM EVALUATION RESOURCES 263

vi American Probation and Parole Association

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Figure 1-1Figure 2-1Figure 2-2Figure 2-3Figure 2-4Figure 4-1Figure 4-2Figure 4-3Figure 4-4Figure 4-5Figure 5-1Figure 5-2Figure 6-1Figure 6-2Figure 6-3Figure 6-4Figure 6-5Figure 6-6Figure 6-7Figure 7-1Figure 7-2Figure 7-3Figure 7-4Figure 8-1Figure 8-2Figure 8-3Figure 8-4Figure 8-5Figure 8-6Figure 8-7Figure 8-8Figure 8-9Figure 8-10Figure 8-11Figure 8-12Figure 8-13Figure 8-14Figure 9-1Figure 9-2Figure 9-3Figure 9-4Figure 9-5Figure 9-6

List of Figures and Tables

States in Which Teen Courts Are LocatedPossible Key Stakeholders in Teen CourtsInitial Steps to Consider When Working With Different Cultural GroupsSample Action PlanPotential Community Service SitesPersonal Statement of a Youth Teen Court VolunteerSample Teen Court Program Purpose StatementSample Teen Court Program Goals Based on a Prioritized NeedSample Teen Court Program Long- and Short-Term GoalsSample Teen Court Program Goals and ObjectivesSample Needs and Resources Assessment QuestionsJuvenile Justice Case ProcessingRisk Factors for Juvenile DelinquencyCommon Teen Court Sentencing OptionsYouth Perspective on Jury Duty RequirementAdditional Teen Court Sentencing OptionsValue Associated with Victim Impact PanelsBasic Victim Validation SkillsContract ElementsSample Order of Trial -- Trial ModelSample Order of Trial Peer Jury ModelNumber and Types of Volunteers NeededConsiderations for Selecting Jury PanelsYouth Review BoardsLos Angeles Youth Leadership ProgramPros and Cons of Using Adult Jury Room MonitorsGender and Ethnic Origin of Youth Teen Court VolunteersSources for Recruiting Youth Teen Court VolunteersSources for Recruiting Adult Teen Court VolunteersVolunteer Training Through SchoolsSample Teen Court Volunteer Training Goals and ObjectivesTypical Teen Court Training Topics: Youth VolunteersColonie Youth Court Youth Volunteer Training OutlineH-E-B Teen Court Program Adult Volunteer Training OutlineGuidelines for Preparing for Swearing-in CeremoniesStrategies for Increasing Volunteer Participation and CommitmentVolunteer Appreciation StrategiesKentucky's Use of Volunteer StaffSample Teen Court Coordinator Job DescriptionSample Teen Court Coordinator QualificationsGuidelines for Building a Partnership Between Staff and YouthExample Performance Criteria ProcessExample Performance Criteria Outcome

American Probation and Parole Association vii

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Figure 9-7Figure 9-8Figure 9-9Figure 10-1Figure 10-2Figure 10-3Figure 10-4Figure 10-5Figure 10-6Figure 10-7Figure 10-8

Table 1-1Table 5-1Table 6-1Table 10-1

Possible In-Kind DonationsPossible Funding SourcesPotential Federal Funding SourcesDefinitions of RecidivismA Model for Developing Performance-Based MeasuresCritical Issues for Guiding Stakeholder InputAttendance RatesCurriculum Delivery RatingsExtent of Knowledge GainRates of Alcohol AbuseSeven Principles of Results-Oriented Government

Agencies Operating or Administering Teen Court ProgramsTypes of Offenses Accepted by Teen Court ProgramsSample Teen Court Sentencing GridTrade-Offs in Evaluation Designs

yid American Probation and Parole Association

INTRODUCTION TO THE GUIDE

The use of alcohol and drugs, drinking anddriving, and other high risk and delinquentbehaviors these are just a few of the seriousissues that face today's young people. Everyyear, the age at which children must confrontnegative peer pressure and make crucialdecisions, gets younger and younger. Theconsequences of their decisions for themselvesand others (i.e., victims and the community) canbe significant. Adolescence is a pivotal stage ofhuman development. Sound guidance andmeaningful learning opportunities during thistime period will aid them in becomingresponsible and productive citizens. Therefore,adolescents should be a primary target ofprevention and intervention efforts.

Traffic safety is one area that clearly illustratesthe effects of adolescent substance use.Thousands of young people die on America'shighways each year. Many of these fatalaccidents are alcohol- and drug-related. Toaddress this alarming problem, the NationalHighway Traffic Safety Administration(NHTSA) of the U.S. Department ofTransportation and the Office of Juvenile Justiceand Delinquency Prevention (OHDP) of theU.S. Department of Justice are constantlysearching for effective strategies to reduce motorvehicle crashes, injuries, and fatalities and toimprove highway safety programs in the States.

Recent efforts aimed at preventing and reducingthe numbers of youth involved in motor vehiclefatalities include:

the establishment of laws increasing theminimum drinking age to 21 and efforts toincrease enforcement of these laws;

public awareness campaigns;

the enactment of "zero-tolerance" laws bythe states making it illegal for personsunder the age of 21 to drive with anymeasurable amount of alcohol in theirbloodstream; and

the development and implementation of a.wide range of prevention and interventionprograms aimed at youth.

These measures helped to reduce substantially(by 59 percent) the number of young peoplewho were fatally injured in alcohol-relatedmotor vehicle crashes between 1982 and 1995.However, alcohol and drug use by adolescents isincreasing, and youth continue to beoverrepresented in highway crashes whencompared with the overall driving population.The reasons for this are multifaceted. It can beattributed in part, to the lack of resourcesavailable in many communities to enforce andrespond to the problem of underage drinkingand impaired driving. It also must beunderstood, however, that numerous factors(social and environmental) impinge upon anindividual's development. These factors caninfluence an adolescent's choices about whetherto engage in illicit substance use anddelinquency. NHTSA and OJJDP recognize thatto address these issues and ultimately reduce thenumber of teenage motor vehicle fatalities andinjuries, prevention and intervention strategiesmust be both far-reaching, and not focusedexclusively on highway safety.

Teen courts are emerging as a promisingmechanism for holding youth charged withstatus offenses, such as alcohol possession andmisdemeanor offenses accountable, and forpromoting and providing avenues for positivedevelopment. Teen courts provide jurisdictionswith an alternative method of sanctioning theseyouthful offenders, whom the formal juvenilejustice system often ignores due to the need tofocus on more serious offenders. In addition,

American Probation and Parole Association ix

teen courts can mobilize a diverse mix of youthvolunteers for active and constructiveinvolvement in addressing problems in theirtowns and cities. This approach presentscommunities with a unique opportunity to teachyoung people valuable life skills. It also sends astrong message to the community (includingother youth) that young people do not condone,law-breaking behaviors, including underagedrinking and impaired driving.

Developing and implementing teen courts on thelocal level requires a coordinated andcollaborative effort among various agencies andsectors of the community (e.g., law enforcement,probation, courts, schools, parents, youth). Forteen courts to reach their maximumeffectiveness, guidance is needed in developingprograms that are philosophically sound andlegally defensible. To promote the teen courtconcept and provide agencies with this type ofassistance, NHTSA and OJJDP joined with theAmerican Probation and Parole Association(APPA) to research teen courts on a nationallevel and develop this Guide. APPA's strongjuvenile justice focus and close affiliation withcommunity corrections agencies nationwidehave provided an advantageous avenue forobtaining and disseminating information aboutteen courts.

The main objective of this Guide is to equipjuvenile justice agencies with baselineinformation that will aid them in developing,implementing, and enhancing teen courtprograms as a viable alternative for juvenileoffenders in their communities. As will be seenthroughout this manual, teen courts nationwideshare many of the same fundamental principles.However, the manner in which they function intheir day-to-day operations can varysignificantly from program to program.Program organizers should be aware of thesimilarities and differences among programs andinstitute a development process to result in aprogram that responds to and fulfill the uniqueneeds of the local youth, juvenile justice system,and community.

NHTSA and OJJDP hope that this Guide willencourage more jurisdictions to develop andimplement teen courts as an alternative approachto traditional juventile justice system processes.In doing so, communities can begin to addressthe problems associated with adolescentsubstance use and other misdemenor offenses,including those related to traffic safety.


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Chapter 1 Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

CHAPTER 1

AN OVERVIEW OF THE TEEN COURT CONCEPT

American Probation and Parole Association 1

i 3

Chapter I Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

INTRODUCTION

Imagine walking into a courtroom where thedefendant and the court officers (i.e., attorneys,court clerk, bailiff, jurors, and sometimes thejudge) all are under the age of 19. At firstglance, it might appear as if a mock trial wasbeing conducted. However, in a growingnumber of jurisdictions across the nation, this isexactly the type of setting and approach beingused to handle minor juvenile cases. Teencourts, also called youth courts and peer courts,present an alternative approach to juvenilejustice in which juvenile offenders are sentencedby a jury of their peers. These programssimultaneously offer education and "hands-on"experience in the legal system to the manycommunity youth who volunteer.

Teen courts can be designed toaddress a variety of problem behaviors,including underage drinking andrelated offenses.

The primary purpose of this Guide is to providea framework to assist juvenile justice agencies inestablishing and enhancing teen courts as analternative means for responding to the problemof juvenile crime in their communities. Crimeperpetuated by adolescents presents an immensechallenge to the juvenile justice system and canhave marked effects on the individual youth,their families, and the community as a whole. Arelated issue, and encompassed in the realm ofjuvenile crime, is the pervasive problem ofunderage drinking and impaired driving amongthe youth population and how this problemaffects traffic safety. According to figuresreported by the National Highway Traffic SafetyAdministration (NHTSA, 1995) the number ofalcohol-related fatalities involving young people(ages 15-20) has decreased over the past fewyears; however, there are still too many youngpeople dying in alcohol-related highway crasheseach year.

Teen courts constitute one avenue for employingconcepts such as positive peer influence,accountability, competency development, andyouth involvement to offer communities aprevention and early intervention program. Teencourts can be designed to address a variety ofproblem behaviors, including underage drinkingand related offenses. By the conclusion of thischapter, readers will be able to

discuss why communities should implementteen court programs;

describe how teen courts can be used as amethod for responding to underage drinking,impaired driving, and other problem behav-iors of youth;

discuss the history and present status of teencourts from a national perspective; and

explain the primary purpose of this Guide.

EXAMINING WHYCOMMUNITIES SHOULDIMPLEMENT TEEN COURTPROGRAMS

Young people are our most critical resources forthe future. They also are vital and rich, yet oftenoverlooked, resources for the community.Varenhorst (1981) outlines two common mythsconcerning adolescents: (1) adolescents are notquite normal, and (2) adolescents are stillchildren. Underlying these myths, she explains,is a familiar assumption that adolescence is atumultuous and stressful period of life that tendsto be pathological but eventually will beoutgrown. Other frequently heldmisconceptions are that adolescents are notcapable of being responsible, makingappropriate decisions, having a serious thoughtor conversation, or handling any type ofindependence. These myths and assumptionsare shown to be false when observing andtalking with youth who participate in teen court


19


programs. As the National Crime PreventionCouncil (1989, p.1) states in "Young People inCrime Prevention Programs,"

We are faced with a choice: we can focus onpathologies and delinquencies, or we canrethink attitudes and myths about adoles-cence. We can isolate young people, or wecan engage them in activities that decreasetheir risk of victimization, give them a senseof stake in the community, and make ourneighborhoods safer, better places to live.

Adolescence is a time when young people aredeveloping skills, habits, and attitudes that willprepare them as they transition into adulthood.The experiences encountered by youth duringthis critical phase will help shape the kind ofadults they will become. During adolescence,youth begin to make their initial decisions aboutinvolvement in potentially dangerous behaviorssuch as the use of illicit substances and otherforms of delinquency (Carnegie Council onAdolescent Development, 1992). Also, it is thedevelopmental stage in which drunk driving andrelated behaviors are initiated and solidified(Klepp and Perry, 1990).

Adolescence is a time when youngpeople are developing skills, habits,and attitudes that will prepare them asthey transition into adulthood.

Prevention efforts and programs are designedwith the ultimate goal of helping communitymembers achieve more healthy, responsible, andproductive lifestyles. Prevention begins byhelping young people develop more positiveviews of themselves, while fostering anunderstanding in them that they can have a voiceand influence in solving problems and settingnorms on a local level (Southwest RegionalCenter for Drug-Free Schools and Communities,nd).

Teen court programs serve a dual function. Inaddition to providing a mechanism for holdingyouthful offenders accountable and educatingyouth on the legal system, teen courts also

provide youth in the community with an avenuefor developing, enhancing, and practicing lifeskills. Specifically, teen courts

help youth realize they will be held account-able for their problem behavior;

educate youth on the impact their actionshave on themselves and others (i.e., victimsand the community);

build competencies in youth by providinginstruction in how the legal system functionsand how to communicate and resolve prob-lems with peers more effectively; and

provide a meaningful forum for youth topractice and enhance newly developedcompetencies.

The high level of youth participation that teencourt programs demand affords communities anopportunity to implement a program thatempowers youth to address the problem ofjuvenile crime in their community. It also givesthem a chance to learn new skills; meet andinteract with peers from diverse economic,social, and ethnic backgrounds; and interact withpositive adult role models. It is this type ofprogram and experience that can help youth takepride and ownership in the health and well-beingof their communities, and it is this sense of stakein their communities that Calhoun (1988) relatesoften is missing for young people. He cautionsthat if youth do not see themselves as beingbonded to the social contract that the adultsociety adheres to, they will see no reason tofollow it. The skills learned, combined with theeducation received on the legal and judicialsystem from participating in teen courtprograms, can cause youth to rethink their viewson delinquent behavior and lead them to adoptmore prosocial attitudes. This outcomeultimately can enhance public safety.

Teen court programs also offer an avenue formobilizing communities to address the problemof juvenile crime on a local level. There isample opportunity for active involvement fromvarious sectors of the community (e.g.,

4 American Probation and Parole Association

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businesses, schools, civic and socialorganizations) throughout the program. Also,since the majority of teen courts requiredefendants to perform community service hoursas part of their sentence, many local nonprofitagencies have a chance to work directly withyouth in meaningful community service (Kaplanand Chaffee, nd).

INDIVIDUAL AND SOCIETALEFFECTS OF ADOLESCENTSUBSTANCE USE ANDDELINQUENCY

The problems of delinquency and the use ofillicit substances by adolescents can havesubstantial effects on youth, their families, thejuvenile justice system, and the community. Toaddress these problems, it is important thatpublic policy be directed toward implementingappropriate prevention and interventionstrategies, while also ensuring that youthdevelop a stake in the continued success of oursociety (Jones and Krisberg, 1994). Beforeexamining how teen courts can be used toaddress problems related to adolescent substanceuse and delinquency, the following section willdiscuss some of the effects and consequences ofthese problems on individual youth and onsociety.

The problems of delinquency and theuse of illicit substances by adolescentscan have substantial effects on youth,their families, the juvenile justicesystem, and the community.

Effects of Delinquency and SubstanceAbuse on the IndividualAs Dryfoos (1990) explains, youth who doengage in early aggressive and antisocialbehavior and delinquency can suffer substantialnegative consequences, both in the short- andlong-term. Youth with conduct disorders oftenact out in school and begin exhibiting problembehaviors early in life. Over the long-term,

these youth may develop health problems andencounter obstacles at home, school, and on thejob. Young people who engage in serious illegalacts often experience trouble in school or theydrop out, have further interactions with thejuvenile justice system, and begin experimentingwith and using illegal substances. As they growolder, they are at a higher risk of criminality,which can, in turn, lead to incarceration,substance abuse, marital instability, and severeproblems maintaining and sustainingemployment (Dryfoos, 1990).

In addition to problems associated withdelinquency in general, substance abuse, in andof itself, also can have profound effects on thesocial, psychological, physical, and cognitivedevelopment of adolescents. Adolescents oftenreceive mixed messages concerning alcohol use,as it typically is viewed as an accepted part ofsocial activity. Added to this is the problem thatalcohol abuse tends to be minimized whencompared with problems related to other drugssuch as cocaine, amphetamines, and crack(National Crime Prevention Council, 1991).

The consumption of alcohol often is associatedwith positive and appealing activities, such asparties, sports and entertainment events, andmany other leisure pursuits. Also, advertisers ofalcoholic beverages often imply an associationbetween drinking and amusement, sex,popularity, and masculine or feminineattractiveness. According to Klepp and Perry(1990), the use of alcohol often offersadolescents

a means of gaining independence fromparental control and expressing resistance toadult authority and traditional norms andvalues;

a coping mechanism for managing personalproblems;

a method of gaining peer acceptance;

an expression of personal values or style,such as being "experienced" or "cool"; and

American Probation and Parole Association 57'10.4 21


a symbol of maturity or adulthood.

However, the habitual use of substances (alcoholand other drugs) can slow or stop thedevelopment process and can interfere withyouth's capacity for making positive choices anddecisions. It also may affect social interactions,alienating many teens from the mainstream ofadolescent subculture. Consequently, they mayavoid common developmental tasks of mostyouth, such as dating and developingappropriate social skills, as their lives becometotally absorbed with their drug use. Youth whoabuse substances also can experiencepsychological consequences such as agitation,depression, and paranoia (Crowe and Schaefer,1992).

Substance abuse also can have a severe impacton cognitive functions. This not only affectsacademic abilities, but moral and socialdevelopment as well. Youth may continue tomake behavioral choices based on immediateconsequences rather than ethical principles.Declining grades, increased absenteeism, andeventually dropping out of school also areconsequences for many drug-involved youth(Crowe and Schaefer, 1992).

There also can be substantial physical damagesuffered by adolescents who abuse substances.These physical effects can include accidentalinjuries, physical illness and infections, possibleoverdoses, and even death (Crowe and Schaefer,1992). The potential for physical harm anddeath becomes apparent when examining theissue of alcohol-related motor vehicle fatalities.

In our culture, the automobile is viewed as ameans of transportation, is often seen as aneconomic necessity, and has become a symbol ofstatus and wealth. For young people, it hasacquired additional significance. According toKlepp and Peny (1990) and Stewart andKlitzner (1990), motor vehicles may represent

independence from parents and other adultsupon whom one has depended for transporta-tion;

emerging adult status and equality;

status among peers (both same and oppositesex);

a place to engage in private activities (includ-ing sexual activities) with one or more peers;

a means of demonstrating courage andbravery, including confrontations withmortality;

a way of expressing rebellion; and

a means of seeking thrills.

In addition, a car provides a private place wherealcohol can be consumed by adolescents withoutinterference from adults (Klepp and Perry,1990). However, drinking and driving-relatedactivities, including riding with an impaireddriver, can have tragic effects.

The following figures are reported by NHTSA(1995):

In 1994, 6,226 young people (ages 15-20)died in motor vehicle crashes. Of thesefatalities, 37.6 percent were alcohol-related.

During 1994, a young person died in a trafficcrash on an average of once every hourduring the weekends and once every twohours on weekdays.

Approximately 50 percent of the fatalitiesoccurring on weekends were alcohol-related,compared with 29 percent of fatalities onweekdays.

While there has been a substantial reduction (56percent) in the number of alcohol-related motorvehicle fatalities involving young people, since1982, far too many youth continue to die inalcohol-related highway crashes (NHTSA,1995).

Societal Costs of Crime andSubstance UseCrime and substance use present a host of


22


tangible and intangible societal concerns. Theeconomic cost of crime and substance abuse arestaggering. According to statistics collected bythe U.S. Bureau of the Census for the U.S.Department of Justice, over $74 billion wasspent on criminal justice in 1990. Included inthis amount are costs related to law enforcement,courts, prosecution and legal services, publicdefense, corrections, and other justice agencies(Bureau of Justice Statistics, 1994). Costs notrepresented in this figure, however, are financiallosses experienced by victims of property crimeand lost income and medical expenses incurredby crime victims who are injured (McMahon etal., 1992).

The goal of interventions is to assistyouth in pursuing a path that will leadto their becoming more responsibleand productive citizens (Dryfoos,1990),...

Economic costs associated with substance abuseare more difficult to measure; however, it isestimated that approximately $165 billion wasspent on alcohol and drug abuse in 1990. Thisfigure includes costs related to treatingsubstance abuse; losses in productivity as aresult of premature death or the inability toperform usual activities; and costs related tocrime, destruction of property, and other losses(Institute for Health Policy, Brandeis University,1993).

The goal of interventions is to assist youth inpursuing a path that will lead to their becomingmore responsible and productive citizens(Dryfoos, 1990), and substantial economic costscan ensue when youth are derailed from this lifepath. For most youth, basic support is expectedfrom parents or public welfare. If there is anearly onset of drug use and delinquent behavior,youth's economic dependence may continue intotheir adult years. This, in turn, will lessen ornegate their potential earnings and contributionto society as they transition into adulthood(Crowe and Schaefer, 1992). Viewed from a

traffic safety perspective, a young fatality orserious injury resulting from an alcohol-relatedhighway crash can be particularly tragic whenthe years of potential life lost or the years andcosts of a debilitating injury are considered(NHTSA, 1995).

There also are intangible costs associated withdelinquency and adolescent substance use thatcan be factored into the equation. These include

the suffering caused to victims of crime;

O the distress imposed on the families andloved ones of the youth involved; and

O the general fear that crime instills in thecommunity.

The emotional impact of crime can be severeand longstanding and often can be the mostsignificant harm victims of crime endure. Theremay be initial feelings of shock that then mayprogress to overwhelming feelings of fear oranger. At times, victims even may experience asense of guilt, blaming themselves rather thanthe offender for the incident. Adding to thedisillusionment for victims is the fact that manytimes the offender's deviant behavior is met withparental excuses, and the offender is someonewith whom they are acquainted or know well(American Correctional Association VictimsCommittee, 1994; McMahon et al., 1992). Allof this is compounded when, through no faultof their own, victims are thrust into a juvenileand criminal justice system that may not beequipped to address their needs adequately.

The effects of delinquency and substance use onfamilies can be devastating. Many youth whouse alcohol and other drugs have at least onefamily member who has a substance-abuseproblem. Habitual use on the part of adolescentsoften precipitates a crisis in the family. Afamily's preoccupation with a youth perceived tobe a "problem" can jeopardize a maritalrelationship and relationships with otherchildren in the family (Crowe and Schaefer,1992).


2


The community suffers each time a crime iscommitted. To thrive, communities must offerthose who live and work within its boundaries asense of safety and security. The pervasive fearthat crime instills can sever bonds betweenneighbors and force many people to isolatethemselves in their homes. Crime and drugactivity deplete the strength and spirit of manycommunities and thoroughly disrupt communitylife. As fear among citizens increases, the use ofpublic space, participation in civic activities,conduct of economic and social functions, andrespect for duly constituted authority alldecrease. This fear causes physical, fiscal, andpsychic harm to all that is inherent in theconcept of community (National CrimePrevention Council, 1994).

TEEN COURTS AS A METHODFOR RESPONDING TODELINQUENCY AND SUBSTANCEUSE

Teen courts constitute one avenue for addressingunderage drinking, impaired driving, and otherproblem behaviors of youth. Teen courtsemphasize concepts such as accountability,positive peer influence, competencydevelopment, and youth empowerment andinvolvement.

Teen court programs offerjurisdictions a means for holdingyouthful offenders accountable forproblem behaviors, including those forwhich they previously may havereceived little or no intervention.

Holding Offenders AccountableTeen court programs offer jurisdictions a meansfor holding youthful offenders accountable forproblem behaviors, including those for whichthey previously may have received little or nointervention. For example, many jurisdictionshave limited alternatives available for handlingyouth charged with alcohol offenses, such as

underage drinking or possession of alcohol,making enforcement of minimum-age-21drinking laws more difficult or low priority.Teen courts can be developed to (1) hold youthaccountable by offering opportunities to makeamends for the damage caused throughcommunity service and/or restitution; and (2)teach youth about the effect their actions haveon themselves, victims, and the community.However, holding offenders accountable is onlythe first step toward ending problem behavior.

Capitalizing on Peer InfluenceTeen court programs also attempt to capitalizeon peer influence in the lives of adolescents.Social development during the teen yearsinvolves the formation of strong peer relationsfor most youth. In addition, research suggests acorrelation between association with delinquentpeers and the development of delinquentbehavior, including alcohol and drug use(Hawkins et al., 1987; Nowinski, 1990).However, despite the problems that peerpressure can elicit, "peer pressure is a normal,necessary, and healthy part of adolescentbehavior," and it can be used to help redirect andsolve problem behavior (Norem-Hebeisen andHedin, 1981, p.29).

This is exactly what teen court programs attemptto do. Because of the high level of youthinteraction that occurs within these programs,peer influence can surface in many differentways. For example, rather than beingreprimanded by an adult such as a judge,parent, probation officer, or social workerjuvenile offenders are held accountable througha sentence imposed by a jury of their peers.This can help send a strong message to youth inthe community that their peers do not condonelaw-breaking behaviors, including the use ofalcohol.

Also, those participating in teen courts (i.e.,defendants and volunteers) must interact withyouth from diverse economic, social, and ethnicbackgrounds who have many varying


2 4


viewpoints. This mix of youth can createconflict in certain situations during activitiessuch as jury duty, volunteer training sessions,educational workshops, and social eventssponsored by the teen court program. However,it is through their interaction in these sameevents that youth can be taught skills to addresspoints of contention and resolve conflict withtheir peers.

Facilitating the Development ofCompetencies in YouthA critical service teen courts provide is helpingin the development of competencies in youthvolunteers and defendants. Teen courts teachyoung people life and coping skills and offer ameaningful forum in which to practice and honethose skills. Maloney, Romig, and Armstrong(1988) maintain that developing skills andcompetencies in youth has the most potential foraltering their future behavior for the better. Theskills learned can aid youth when they findthemselves in situations in which problembehavior is encouraged and supported (Norem-Hebeisen and Hedin, 1981).

Skill-building opportunities for defendants andvolunteers occur within the teen court settingthrough activities and tasks such as volunteertraining sessions, educational workshops, theperformance of community service, and throughparticipation as court officers (i.e., jurors,attorneys, clerks, bailiffs, judges). Among theskills that can be learned are

listening;

problem solving;

communication; and

conflict resolution.

Teen courts also teach youth how to work andcooperate with their peers more effectively. Inthe end, youth develop competencies and skillsthat can assist them in making appropriate

decisions and in becoming more responsible andproductive contributors to society both inadolescence and adulthood.

Empowering and Involving YouthFinally, teen courts provide communities with aprogram that allows youth to assume leadershiproles and actively participate in addressing theproblem of juvenile crime in their community.It is important to foster in youth a sense ofhaving a stake in the future and of caring for thewell-being of their communities. Despite mythsand negative perceptions commonly associatedwith adolescents, the Carnegie Council onAdolescent Development (1992) points out thatyoung people are capable and want to contributeto their communities. The Council also assertsthat when allowed to do so, the potentialbenefits for both youth and the community canbe substantial.

Despite myths and negativeperceptions commonly associated withadolescents, the Carnegie Council onAdolescent Development (1992) pointsout that young people are capable andwant to contribute to theircommunities.

Youth who volunteer with teen court programsassume roles that require a great deal ofresponsibility. These youth are asked todetermine appropriate sentences for their peers.Many teen courts also involve youth in programmanagement decisions throughout thedevelopmental and operational stages of theprogram. The message of trust this sends toyoung people participating in these programsconcerning their ability to fairly judge theirpeers and their capacity to offer valid programmanagement decisions can help increase theirsense of confidence and self-esteem. It alsoprovides a forum for showcasing to thecommunity the importance of youth as aresource.


25


There are many advantages to be realized byjurisdictions that implement teen court programsas a response to problems associated withjuvenile crime in their communities. However,before developing or enhancing a teen courtprogram, it should be recognized that,throughout the nation, there is great diversity inhow teen court programs operate. Although theyshare many of the same fundamental principles,the manner in which they carry out their day-to-day functions can vary significantly.

... it should be recognized that,throughout the nation, there is greatdiversity in how teen court programsoperate.

THE HISTORY AND PRESENTSTATUS OF TEEN COU TP *GRAMS

Conflicting accounts in the literature createchallenges to tracing the beginning of teen courtprograms. Many consider the Odessa TeenCourt Program, located in Odessa, Texas, to bethe first. However, there are reports of teencourt programs in operation prior to thebeginning of the Odessa program in 1983. Oneof the earliest programs found in the literature isthe Grand Prairie Teen Court Program, locatedin Grand Prairie, Texas, which is reputed to havebegun operating in 1976 (Cadwallader, 1994).There also are anecdotal reports of a youth courtin Horseheads, New York, that was in operationin 1968.

Although possibly not the first teen courtprogram, the Odessa program certainly appearsto be the most widely known and is viewed bymany to be a national model. Natalie Rothstein,who founded the Odessa Teen Court, was astrong advocate of holding youth accountablefor their actions before they develop a pattern oflaw-breaking behavior. Concerned that thedelinquency problem in Odessa was beingexacerbated by the juvenile justice system's lack

of response to juvenile offenders, she developedthe Odessa Teen Court as a diversion program.Before her death in 1993, Ms. Rothstein activelypromoted the teen court concept. Herunyielding belief in and support of the programhelped spawn an ongoing national movementtoward incorporating teen court programs incommunities (Knepper, 1994).

The number of teen court programs is increasingrapidly as people realize the many benefitsassociated with these programs and the widerange of youth they can influence. As ofOctober 1995, the American Probation andParole Association (APPA) had locatedapproximately 250 teen court programs in 30states and the District of Columbia (Figure 1-1).

A listing of teen court programs identifiedthrough APPA's research efforts may be found inAppendix A.

Figure 1-1: States in Which Teen Courts Are Located

The shaded areas represent statesthat have Teen Court Programs

The operation and administration of teen courtprograms vary considerably across the nation,creating obstacles to locating programs.According to the Teen Court Program Survey'administered by APPA in 1994, agencies

'In 1994, APPA conducted a survey to determine thevarious ways in which teen court programs operate acrossthe United States. Responses were received from 68 teencourt programs in 17 states. Results from this survey arepresented periodically throughout this Guide.


26


currently operating and administering teen courtprograms include

O juvenile courts, juvenile probation depart-ments;

law enforcement agencies;

private, nonprofit organizations; and

schools.

Often, the availability of human and financialresources, as well as the position of the personwho became interested in the teen court concept,drives where these programs are located within agiven community. Table 1-1 shows where theseprograms are most frequently located.

Table 1-1: Agencies Operating or Administering TeenCourt Programs

Type of Agency Percent*

Juvenile Court 29

Private Nonprofit Organization 29

Juvenile Probation Department 17

Law Enforcement Agency 17

School 10

Other (e.g., City Government,Administrative Office of theCourts) 22

Source: APPA, 1994* The total percentage exceeds 100 because someprograms are administered by more than one agency.

Differences also exist in the functions anddesigns of teen court programs. Most teencourts require defendants to plead guilty prior toparticipation in the program and therefore servea sentencing function only. However, a smallnumber of teen courts are structured todetermine guilt or innocence. Regardless of thefunction and design of the teen court program,

most programs provide for the dismissal orexpungement of charges against defendants ifthey successfully complete the program.

For the purposes of this Guide, the various teencourt models have been classified as (1) trialmodels or (2) peer jury models. The followingsection will summarize these teen court modelsand the corresponding variations.

Trial ModelsTrial models of teen court programs use youthvolunteers in the roles of defense andprosecuting attorneys. The word "trial" in thiscontext does not necessarily refer to programsthat determine guilt. Rather, it refers to teencourt programs that use youth volunteers in theroles of attorneys to argue the mitigating andaggravating circumstances or the facts of thecase. According to research conducted byAPPA, there appear to be three variations on thetrial model.

Trial Model A

Trial Model A has youth volunteers serving inthe roles of

defense attorneys;

prosecuting attorneys; and

jurors.

Most of these models also use youth volunteersto serve as court clerks and bailiffs. However, inthis model, an adult volunteer serves in the roleof judge. The judge is typically the only adultinvolved in the proceedings, and the judge's roleis to rule on courtroom procedure and clarifylegal terminology. According to APPA's (1994)teen court survey results, this appears to be themodel most widely used.

Trial Model B

Trial Model B differs from Model A in thatyouth also serve in the role of judge.



Qualifications of youth judges typically includea minimum level of service as teen courtattorneys, and minimum age requirements.

Trial Model CThe primary difference in Trial Model C, fromthe other teen court models is that there is nopeer jury. The case is presented by the youthattorneys to a youth judge(s), who determinesthe appropriate sentence for the teen courtdefendant.

Peer Jury ModelsThe main distinction between programsoperating under trial models versus peer modelsis that peer model teen court programs do notuse teen defense and prosecuting attorneys.Instead, they employ a panel of teen jurors whoquestion the defendant directly. Most have anadult volunteer serve in the role of judge. Someprograms use the peer jury model exclusively,while other programs use this model for certaintypes of cases being heard or for cases involvingyounger teen court defendants.

For example, many teen courts in Texas reportedthey were having difficulty docketing cases in atimely manner because of the large number ofreferrals being sent to the program. Not wantingto abandon the trial model of teen court (whichis used by most Texas programs), someprograms designed and implemented a MasterJury to handle lesser offenses, such as trafficviolations. According to presenters of aworkshop on this topic at the Texas Teen CourtAssociation Conference in October 1994, aMaster Jury (composed of 6-12 teen jurors) canprocess approximately 12 cases per night, ascompared to approximately 4 cases per nightthat can be heard under the trial model. This hasallowed programs to continue using the trialmodel for more serious cases, while referringless serious cases to the Master Jury for quickerprocessing.

When viewed from a national perspective, therealso is diversity among programs concerningissues such as

who the program targets for services;

how volunteers are recruited, used, andtrained;

the types of services offered by the program;and

the types of sentencing options available tojuries.

These and other issues will be discussed atlength in subsequent chapters. The diverse waysprograms can operationalize the primaryphilosophy and principles of the teen courtconcept offer each community a means todevelop and implement a program that fitsunique jurisdictional needs.

PURPOSE OF THIS GUIDE

The primary purpose of this Guide is to providejuvenile justice agencies with a framework thatwill assist them in developing, implementing,and enhancing teen court programs within theirjurisdictions. No one particular program modelfor teen courts is being endorsed. Rather, thisGuide will provide a general overview of issuesto consider when progressing through theprogram development process. Whereappropriate, examples and descriptions areprovided to illustrate the variety of ways teencourt programs operate. Critical issues to beaddressed include

the development of a program purpose,goals, and objectives;

the determination of an appropriate targetpopulation and referral procedure; and

the development and implementation of aneffective program model, services, and casemanagement practices.

912 RI' American Probation and Parole Association


Additional issues to be covered include staffing,funding, and program evaluation.

At the conclusion of each chapter (excludingChapter 1), checklists are provided to (1)summarize the material covered in the chapter,and (2) help guide program organizers throughthe decision-making process for thedevelopment of a teen court program.

In addition, a table outlining some of the maingoals and tasks (and their correspondingrationales) of the development andimplementation process for a teen court programmay be found in Appendix B. Also included inAppendix B is a Sample Program DevelopmentTimeline for teen court programs. Readersshould use these tools merely as a guide as tohow tasks can be delineated and sequenced tohelp program organizers and staff chart theirprogress. It should be noted that the timeneeded to complete certain tasks, as well as theorder in which they will need to be completed,will vary significantly from jurisdiction tojurisdiction'. More detailed informationconcerning the tasks outlined in these resourcescan be found in the main text.

Program development is a decision-making process carried out byindividuals or groups involved inselecting a plan of action afterconsidering information and optionsgathered from a variety of sources.

Program development is a decision-makingprocess carried out by individuals or groupsinvolved in selecting a plan of action afterconsidering information and options gatheredfrom a variety of sources. Policies may bewritten or unwritten and provide a generalcourse of action that determines the way specific

decisions are made. Written policies can beimplemented more easily and consistently thanunwritten policies. Written policies are theresult of conscious decision making, whileunwritten policies often are the outcome of atrial-and-error process. Well-thought-outpolicies can aid programs by

offering a mechanism for protecting theagency, staff, clients, and volunteers;

clarifying staff and program expectations;and

providing a means for program credibility,replication, and support.

Agencies should undergo a program and policydevelopment process that will help evaluatepossible options and then select the programmodel and procedures that are most suited to thejurisdiction. It also is important to developpolicies that allow flexibility for future changesand modifications.

It would be impossible, within the parameters ofthis document, to highlight the many differentservices and practices exercised by teen courtprograms nationally. All of these programs takepride in their ability to respond to the needs andconcerns of their respective communities.Program developers, staff, and volunteers ofcurrent teen court programs are encouraged touse the information presented in this Guide as aguide and also to seek advice and assistancefrom other teen court programs. Throughthoughtful information gathering and carefulplanning, programs can focus on developing oraugmenting a teen court program that willrespond to and fulfill the unique needs of thelocal youth, juvenile justice system, andcommunity.

American Probation and Parole Association 130 CI1:,)


CONCLUSION

This chapter has outlined some of the benefits ofteen court programs and how jurisdictions canuse teen courts to respond to the problem ofjuvenile crime, including alcohol-relatedoffenses, in their communities. A generaloverview of how teen courts function, when

viewed from a national perspective, also wasprovided. The remaining chapters in this Guidewill present issues related to developing andenhancing teen court programs in more detail.Chapter 2 begins laying the foundation bydiscussing the necessity of and strategies forinvolving the community in teen courtprograms.

14 30 American Probation and Parole Association


CHAPTER 2

ORGANIZING THE COMMUNITY



INTRODUCTION

There is an increasing awareness that to addressthe problem of crime in our country there mustbe an integrated response from the governmentand the community (Calhoun, 1988). Teen courtprograms offer an avenue for engaging thecommunity in a partnership with the juvenilejustice system to respond to the problem ofjuvenile crime by (1) increasing awareness ofthe delinquency issues within the localcommunity, and (2) mobilizing communitymembers (including youth) to take an active rolein addressing the problem of juvenile crimewithin the community.

Teen court programs are administered andoperated by various agencies and organizationsin the community and rely heavily on localresources. Community involvement andsupport is essential throughout the conception,development, and life of a teen court program toensure the delivery of effective services and thefinancial security of the program.

At the conclusion of this chapter, readers willhave the knowledge needed to

cultivate community support of the programthrough the identification of keystakeholders;

form an advisory committee and/or task forceto assist in program development tasks;

determine the types of services teen courtscan access within the community; and

sustain community support of the program.

DEVELOPING STAKEHOLDERPARTNERSHIPS

The success and survival of a teen court programis partially dependent on the extent of thedeveloper's ability to identify and secure support(programmatic and financial) from individualsand organizations that have an interest or stake

in the program. To accomplish this, programdevelopers must conduct a stakeholder analysisand solicit advice and input from key persons(Knepper, 1994). Those identified can providevaluable assistance and information to teen courtprograms in a variety of areas, including

assessing needs and resources;

developing policies and procedures for theprogram (e.g. identifying the targetpopulation, referral process);

identifying and securing financial and in-kindsupport for the program;

providing needed services for the programand its clients (e.g., community service sites,counseling services, training for facilitators);and

marketing and promoting awareness of theprogram.

Identifying Key StakeholdersProgram developers should consider thefollowing types of questions when conducting astakeholder analysis (Crowe and Schaefer,1992):

Whom will this program affect most andhow?

Who is most likely to oppose theimplementation of this program?

Who is most likely to support this program?

Who has knowledge, skills, or access toresources needed in the development andimplementation of this program?

Teen courts should take a politically bipartisanapproach when mobilizing communitymembers. This can help ensure continualsupport for the program through differentadministration changes. Figure 2-1 identifiespossible stakeholders in teen court programs. Itshould be noted that this list is not exhaustive.Each community must examine its own makeupto determine the key players.



Figure 2-1: Possible Key Stakeholders in Teen Courts

Possible Key Stakeholders

Judges

Law enforcement agencies

Probation departments

Lawyers (e.g., prosecuting attorneys,public defenders)

Schools

City and state officials

Victims

Youth

Parents

Youth-serving agencies andorganizations

Churches and synagogues

Programs should be able to answer the followingtwo questions for each stakeholder that isidentified:

What can this program offer the stakeholder(i.e., selling point)?

What can the stakeholder offer this program?

The following section examines a few of theindividuals and organizations that should beconsidered when conducting a stakeholderanalysis for a teen court program.

Support from the local chief juvenilejudge(s) is absolutely critical to thedevelopment and operation of any teencourt program.

JudgesSupport from the local chief juvenile judge(s) isabsolutely critical to the development andoperation of any teen court program. Judgeshave influence over the types of programs thatwill operate and receive support in theirjurisdictions. In many jurisdictions,

authorization for the teen court program tooperate has come from a local chief judge in theform of an administrative order (AmericanProbation and Parole Association, 1994).

Before giving their endorsement, judges maywant to know what benefit they may receive as aresult of the teen court program. For mostjurisdictions, court time is limited, and judgesoften are looking for new strategies to deal withfirst-time and less serious offenders. Teen courtscan address this need, thus freeing a judge's timeto handle cases involving serious, chronicoffenders.

Juvenile Justice System RepresentativesWhether teen courts operate within a juvenilejustice agency or in a community-based agencyor organization, they must depend on andinteract with various components of the juvenilejustice system. Time and budgetary constraints,combined with high caseloads, prompt manyjuvenile justice professionals to search foralternative ways to handle juvenile offenders. Inan overburdened system, teen court programsoffer jurisdictions an option for holding juvenileoffenders accountable who previously may havereceived very little or no intervention.

Juvenile justice system agencies are potentialreferral sources for teen court programs, andprofessionals who work in the juvenile justicesystem have valuable knowledge about youthand the delinquency issues of primary concernin the community. In addition to judges,stakeholders within the juvenile justice systeminclude

prosecuting and defense attorneys;

law enforcement officials; and

juvenile probation professionals.

Gaining the support and involvement of personswho are familiar with the internal operations ofthe local juvenile justice system can helpprogram developers understand the local


33


juvenile justice process and practices and assistdevelopers with tasks such as defining theoffender target population and referral process.

City and State OfficialsJuvenile crime is a major issue in mostcommunities, and city and state officials (e.g.,mayor, members of the city council, statelegislators, governor) are under extreme pressureto develop strategies to address and control thisproblem within their jurisdiction. Teen courtcan offer communities a prevention andintervention program aimed at addressing andreducing juvenile crime locally. In addition tothe potential advantage available to publicofficials linked with the teen court program,support from persons in leadership positions cangenerate widespread support throughout thecommunity and help in obtaining funds for theprogram.

Educators and School OfficialsCrimes and behavioral problems occurring inschools are also of major concern for mostcommunities. Some teen court programs havebeen developed within schools specifically toaddress crimes and behavioral problems, whileother teen courts have become a communityresource for school officials searching foralternative approaches for responding to theseproblems.

Educators work with a wide range of youth on aday-to-day basis and have valuable insight intothe problems facing youth in the community.Schools also are a major source of volunteers,both adult and juvenile. Therefore, acquiringthe cooperation of school officials and teacherscan simplify and expedite the recruitmentprocess.

In addition, educators can be excellent resourceswhen developing a volunteer training program.For example, they can help produce or reviewtraining materials to ensure they are written at anappropriate level of understanding forvolunteers. Educators also can help identify

various training and teaching methods fordifferent age groups of volunteers and can serveas facilitators of training events.

Civic and Social Service OrganizationRepresentativesCivic and social clubs often seek communityprojects to support and sponsor. Securing theproper endorsement or sponsorship from thesetypes of organizations can help funding,marketing, and volunteer recruitment efforts ofthe teen court program.

Victims

More needs to be done to ensure participation ofvictims of crime in all aspects of the juvenilejustice system. Actively involving victims in thedevelopment and operation of the teen courtprogram can help restore their faith in thejuvenile justice system and help them regain asense of control over a traumatic situation.Victims can provide teen court programs withinformation about the needs and expectations ofvictims of juvenile crime, which can helpprograms develop goals and objectives that arevictim-sensitive. They also can be called uponto volunteer and assist the program in designingservices that teach youthful offenders about theimpact of crime on victims.

Youth

Teen court programs impact a wide range ofyouth. They are designed to benefit not only theyouthful offenders referred to the program, butalso the young people who choose to volunteerfor the program. According to a report preparedby the Carnegie Council on AdolescentDevelopment (1992), youth are seldom given anopportunity to help define and formulate thetypes of programs that serve them. This lack ofyouth input often translates into the developmentof programs that do not meet their interests orneeds. Teen court programs can reverse thistrend by actively seeking input and participationfrom young people in all aspects of the program,including program development.



Youth can help program developers identify theissues with which youth are struggling and canoffer insight into the types of approaches that arelikely to work when attempting to address theidentified issues. In addition to the contributionthat young people can make to the decision-making process, this type of meaningfulparticipation fills other goals of teen courtprograms by empowering youth to assist inaddressing real problems within theircommunity.

Making Contact With StakeholdersTeen court programs will need different types ofexpertise at various points throughout the life ofthe program, and they should not limitthemselves to involving community membersonly during the development process. Once keystakeholders have been identified, programdevelopers should determine the role that eachstakeholder could potentially serve in the teencourt program and initiate contact. Initially, theprimary purpose for making contact withstakeholders is to give and receive information,with the ultimate goals of generating support forthe program and obtaining information that willassist in the development and implementationprocess.

Teen court programs will need differenttypes of expertise at various pointsthroughout the life of the program, andthey should not limit themselves toinvolving community members onlyduring the development process.

The method used to initiate contact will dependon the type of support or assistance needed fromthe various stakeholders. Methods that can beused to approach stakeholders and disseminateinformation about the program include (1) theuse of letters, surveys, and questionnaires; and(2) the initiation of personal contact viatelephone, face-to-face meetings, orpresentations. Programs using a combination ofthese approaches will yield the most positiveresults.

Surveys and QuestionnairesDisseminating and gathering informationthrough letters, surveys, and questionnaires is asimple and efficient way to reach a wideaudience. Surveys and questionnaires should betailored to the type of data needed and to theposition of the person who is responsible forproviding the information.

Potential drawbacks to relying solely on sendingsurveys and questionnaires are that thedocuments may get lost on someone's desk, maynot receive a high priority for response, or maybe perceived by some as an imposition on theirtime or as too impersonal (Knepper, 1994).Some suggested strategies for improvingresponse rates when collecting informationthrough the mail include the following (Barricket al., nd):

O Design the survey or questionnaire so that itminimizes the amount of time needed torespond and is easy to complete.

Include a personalized cover letter with thesurvey or questionnaire.

If possible, include official sponsorship by aparty or agency respected by the potentialrespondent (e.g., use official letterhead of thesponsoring agency for the cover letter).

o Specify a deadline for returning thecompleted survey or questionnaire.

O Enclose a self-addressed, stamped envelopefor returning the survey or questionnaire.

Develop a strategy for following up withnonrespondents, such as sending followuppostcards, making telephone calls andpersonal visits, and mailing a secondquestionnaire.

An additional tactic to employ includes mailingquestionnaires on less busy days of the week andtimes of the year (avoid holidays). Also, personsmay be more apt to respond if confidentiality isassured and if they are offered a summary of theresults (Barrick et al., nd).


35


Personal ContactPersonally contacting stakeholders by telephoneand face-to-face meetings and interviews allowsfor a more accurate exchange of information;questions and points of contention can beaddressed and clarified immediately. It alsoprovides an opportunity for teen courtrepresentatives to form relationships with keyindividuals.

When representatives of the teen court initiatepersonal contact with stakeholders, the latterwill want to know exactly what is needed andexpected from them; therefore, programrepresentatives should be prepared to explain thepurpose of the desired meeting and specify whataction, if any, is requested of the stakeholder.Some guidelines to follow when meetingpersonally with stakeholders include thefollowing:

Be prepared.

Invite input.

Listen with an open mind.

Written information should be provided tostakeholders prior to the scheduled meeting inorder to allow them time to prepare. Additionalmaterials, including information on how tocontact the teen court program representative(s),should be given to the stakeholders followingthe meeting (Knepper, 1994). As in the case ofletters and questionnaires, care should be takento ensure that the information provided to thestakeholders is pertinent to their role in thedevelopment and implementation of the teencourt program.

Making presentations to agencies andorganizations such as social clubs, churches,corporations, professional groups, and schools isanother effective way of disseminatinginformation on and generating support for theprogram's efforts. Encourage feedback fromparticipants. Provide materials to participantsthat give information on the program and howthe speaker can be contacted.

Personally contacting stakeholders can be a verytime-consuming process; therefore, it is not afeasible avenue for contacting all stakeholdersunless the community is very small. Thismethod should be targeted to key individualsidentified as having the most at stake or thegreatest interest in the program, or whose helpand assistance is imperative to the success.of theprogram (e.g., judges, community leaders).

Mobilizing and actively involving thecommunity in teen court programsmust begin as early as possible.

FORMING A TASK FORCE ORADVISORY COMMITTEE

Mobilizing and actively involving thecommunity in teen court programs must begin asearly as possible. Many developers of teen courtprograms have found it helpful to form a taskforce or an advisory committee to assist duringthe development and implementation process.There are numerous advantages to this approach.Involving representatives from various areas ofexpertise helps bring fresh and diverseperspectives to the process, thus yielding morereliable and credible information on which tobuild a foundation. In addition, tasks can bedivided and distributed among committeemembers, allowing an opportunity for morecontacts to be made and more resources in thecommunity to be discovered (Crowe andSchaefer, 1992).

The primary difference between an advisorygroup and a task force is that the latter is ahands-on working group, whereas an advisorygroup typically does not assume an operationalrole. Members of an advisory group makesuggestions and offer guidance on the designand operation of the program; members of a taskforce not only provide suggestions, they play adirect role in the design and execution of plans(National Crime Prevention Council, 1986).Program organizers may choose to use eitherone or both types of committee. Whichever



approach is chosen, organizers should ensurethat committee members clearly understandwhat the program expects of them.

It is important to keep the committee as small aspossible, especially in the beginning stages. Asadditional expertise is needed, other persons canbe invited to join, or subcommittees can beestablished to deal with specific issues (e.g.,fundraising). The most manageable size groupfor decision making is five to seven members.Too few members on a committee will make itdifficult to conduct meetings when two or moremembers are unable to attend; however, if toomany members sit on a committee, it mayimpede the ability of the group to conduct thenecessary tasks (Knepper, 1994).

In addition to cultivating community and systemsupport, some of the issues facing the advisorycommittee or task force during thedevelopmental process include

O the legal authorization for the program tooperate;

O the type of offender population the programwill target;

O the type of services the program will provide;

O the duties and responsibilities of the staff andvolunteers; and

O how the program will be evaluated.

These issues will be covered in more detail insubsequent chapters.

Committee members should be selectedaccording to the skills and knowledge they canbring to the process. In the early phases ofprogram development, consider choosing

members with background and experience in

0 program development and evaluation;

0 fundraising and marketing;

0 the operation and functioning of the locallegal and juvenile justice system; and

0 the needs and interests of youth.

In addition to recruiting committeemembers with the right balance ofknowledge and skills, attempts shouldbe made to ensure that the committeereflects the geographic, racial, andethnic diversity of the community(Knepper, 1994).

In addition to recruiting committee memberswith the right balance of knowledge and skills,attempts should be made to ensure that thecommittee reflects the geographic, racial, andethnic diversity of the community (Knepper,1994).

Some communities may have language barriersand cultural differences that require differenttechniques for developing the program andobtaining the support and acceptance of thecommunity. When working with individualsfrom different cultures, it should be recognizedthat there can be significant variationsconcerning personal and family relations andvalues. If these differences are not recognized,it can lead to conflict, a lack of responsiveness,and distrust (National Crime PreventionCouncil, 1986). Figure 2-2 provides a summaryof initial steps the National Crime PreventionCouncil suggests for working with differentcultural groups.


37

Chapter 2 Peer Justke and Youth Empowerment: An Implementation Guide for Teen Court Programs

Figure 2-2: Initial Steps to Consider When WorkingWith Different Cultural Groups

When working with different culturalgroups,

O get stakeholders involved in the programwho are trusted within the differentcultures;

O learn about the cutlure (e.g., reading,talking with others);

O seek insight into the proper interpretationof attitudes and actions of the cutlure;

O learn nonverbal actions and signals basicto the cutlure;

O work with leaders acknowledged by thecommunity;

O get to know existing community groups;

O stay out of the community's politics - donot align yourself with one particulargroup;

O build networks with other serviceagencies;

O deliver on promises made;

O give credit to all who contribute; and

O once trust is gained, build upon it.

Source: National Crime Prevention Council, 1986

USING COMMUMTYRESOURCES EFFICIENTLY

Conducting a Needs and ResourcesAssessmentTeen court programs must meet local needs to beaccepted and supported. Therefore, conductinga needs and resources assessment is animportant first step in the development of aneffective program. If done properly, theassessment will provide information helpful todecision making throughout the developmentand implementation of the teen court program.Also, data obtained can be used to market theprogram and provide good baseline informationfor program evaluation.

Type of Information to Be GatheredCommon issues of concern surrounding thejuvenile delinquency problem within thecommunity should dictate the type ofinformation gathered. Some issues are

O the magnitude of and the social and financialcosts of juvenile crime within thecommunity;

O community and professional attitudes towardthe problem of juvenile crime within thecommunity;

O the types of offenders and offenses beinghandled under the current system;

O the types of offenders and offenses not beinghandled adequately under the current system;

O the existence of other diversion/alternativeprograms for delinquent youth within thecommunity;

O the types and locations of services for youthin the community; and

O the existence of financial and humanresources within the community.

Possible Data SourcesWith the assistance of the advisory committee ortask force, the developer should gather data fromagency and community records and explore theopinions and viewpoints of citizens andprofessionals. Information can be obtainedthrough techniques such as

O assembling preexisting data;

O reviewing available agency records;

O administering surveys and questionnaires;

O conducting interviews; and

O engaging in other informal methods ofcommunication.

Possible data sources include mental healthagencies, schools, juvenile court records, and

American Probation and Parole Association 23nc-.).


youth services organizations. A process must bein place for collecting, organizing, analyzing,and reporting the data (Crowe and Schaefer,1992).

Using the Information Received

Information received through a needs andresources assessment can yield information thatwill help determine

O whether there is a need for a teen courtprogram within a jurisdiction;

O the appropriate target population for theprogram;

O the types of services that the teen courtprogram will need to develop and provide;and

O the level of resources available to support theteen court program.

Figure 2-3: Sample Action Plan

After analyzing the information, a plan of actionshould be established with target dates for thecompletion of certain goals and tasks. (SeeFigure 2-3 for a sample action plan format.) Theaction plan should identify who is designated totake the lead role on each of the tasks. This willhelp provide a framework to guide the futurework of the committee.

Interagency collaboration andcoordination are key to the delivery ofeffective and comprehensive services.

Interagency Coordination andCollaborationInteragency collaboration and coordination arekey to the delivery of effective andcomprehensive services. Often, teen courtprograms must rely on and access services in thecommunity to accomplish their goals andobjectives. Careful collaboration and

coordination can helpdiminish role confusion,overlapping of services, andpotential rivalry betweencommunity and governmentagencies.

Sample Actlon Plan

Goal Activities Responsible TargetParties Dates

PromoteCommunity

Develop brochure andpublic information material.

Joe Smith 1-15-96

Awareness ofProgram Identify civic and

community organizationsand schedule appointmentsto make presentations.

Jane MillerTeen courtstaff person

1-15-96

Determine individuals(youth and adults)interested in serving on aspeakers' bureau.

Teen courtstaff person

1-20-96

Make presentations. Teen courtstaff andvolunteers

1-30-96

Develop press releaseand contact media.

Teen courtstaff

1-30-96

Fred Parker

For example, most teencourt programs requireoffenders to perform acertain number ofcommunity service hours asa condition of theirsentence. In order to meetthis obligation, offendersmust have a place to docommunity service.Community agencies andorganizations willing toallow youthful offenders todo volunteer work must beidentified; then formalagreements should be madeestablishing them ascommunity service sites.See Figure 2-4 for a listing

243 9



Figure 2-4: Potential Community Service Sites

Potential Community Serivce Sites

Adopt-A-Highway programs

Nursing homes

Food banks

High schools

Retirement homes

Senior citizen centers

Churches

Parks and recreation departments

Police departments

Youth bureaus

Libraries

Goodwill Industries

Salvation Army

of possible agencies/organizations to consider ascommunity service sites.

Also, teen court programs recognize that youthparticipating in their program could benefit fromgroups and workshops on a variety of subjects,such as substance-abuse awareness, defensivedriving, victim awareness, and conflictresolution. Because of time and budgetaryconstraints, it is often impossible for teen courtprogram staff to conduct these types of groupsand workshops in-house. However, groups andworkshops often are available through otheragencies and organizations within thecommunity (e.g., youth service organizations,counseling agencies, police departments). Byidentifying and using existing services, teencourt coordinators can ease their workload andavoid duplicating services within theircommunity. Also, brokering to these outsideagencies expands the network of support forjuveniles, their families, and the teen court.More detailed information on selecting andcontracting with outside agencies for servicescan be found in Chapter 6.

In addition to the types of services mentionedabove, teen court programs can solicit adultvolunteers for carrying out the day-to-dayfunctions of the program (i.e., courtroommonitors, training facilitators). Chapter 8discusses in more detail the various rolesvolunteers can assume in teen court programs.

Coordination and collaboration are also essentialbetween the teen court program and referralsources. Jurisdictions vastly differ in how theirjuvenile justice systems are structured and howcases are processed through the systems. Thus,it is imperative that the lines of communicationbetween the teen court program and otherjuvenile justice system components be open.This issue is discussed in more detail inChapter 5.

SUSTAINING COMMUNITYSUPPORT

This chapter has emphasized the need tomobilize and involve the community throughoutthe development of teen court programs;however, programs cannot afford to losevisibility and support within the communityonce they have moved beyond the developmentstage. The tenuous nature of funding and thereliance on community resources for thefunctioning of many of these programsnecessitate that they maintain a high profile.

Teen court programs should keep thecommunity and stakeholders at thecenter of all their efforts and strive tomaintain positive relationships throughconstant communication.

As teen court programs evolve, new needs willemerge requiring assistance and support frompersons with different areas of expertise. Teencourt programs should keep the community andstakeholders at the center of all their efforts andstrive to maintain positive relationships throughconstant communication. Key players changewithin the community and the juvenile justice


_; 0'


system; therefore, programs should review andupdate their stakeholder analysis periodically toensure its accuracy.

Staffs tend to turn over often in criminal justiceand social service fields. To ensure smoothprogram operation and service delivery, it iscrucial that the staffs of teen court programs,service providers, and referral agencies beeducated and kept informed periodically of eachother's program purpose and services. Thiscommunication also offers an opportunity todiscuss and address obstacles and barriersencountered in the programs, as well as toensure that new staff members in supportingagencies are made aware of the program.

Techniques that teen court programs can employto maintain ties to service providers andstakeholders include

periodic telephone conversations;

luncheon meetings; and

meeting and networking during shared socialevents.

Additional methods for maintainingcommunication and disseminating informationabout the teen court program and its servicesinclude

providing mutual training activities andworkshops with service providers andreferral agencies;

developing a speakers' bureau made up ofstaff and volunteers (youth and adult) tomake presentations to local agencies andorganizations, such as civic and social clubs,schools, and churches;

developing a catchy logo or slogan that thepublic can associate with the program;

developing and distributing public relationsmaterials, such as brochures, fact sheets,posters, and audio or video tapes (sampleteen court program brochures may be foundin Appendix C); and

using the media.

CONCLUSION

Community involvement is vital to the successand survival of teen court programs. Thischapter discussed ways to identify stakeholdersand to mobilize the community primarily in theprogram development stage. Throughout thisGuide, there will be references to different wayscommunity members can be involved in thedevelopment, implementation, and operation ofthe program. When confronted with obstaclesand barriers (e.g., funding, lack of referrals,program evaluation), teen court staff alwaysshould look to persons and resources in thecommunity for assistance.


41


CHECKLIST FOR ORGANIZING THE COMMUNITY

Have teen court program organizers or staff

Li Identified key stakeholders?

D Determined who is most likely to oppose the implementation of the teen court program?Determined who is most likely to support this program?Determined who has knowledge, skills, or access to resources needed in the developmentand implementation of this program?

D Identified what the program can offer (or how it can benefit) each stakeholder?Identified what each stakeholder can offer (or how each can benefit) the program?

Made contact with stakeholders?

Decided what method will be used to contact each identified stakeholder (e.g., surveys,questionnaires, letters, telephone contact, personal meetings, presentations)?

t:1 Identified strategies for improving the response rate for stakeholders being contactedthrough informal means such as letters, surveys and questionnaires?j Developed a packet of information that can be adapted easily and provided tostakeholders with whom personal contact will be made? (Note: This packet ofinformation also could be used for other public relations efforts.)Identified other teen court participants (i.e., youth and adult volunteers) who will make inpresentations on behalf of the teen court program?

u Formed a task force or an advisory committee to perform or assist in accomplishing certaintasks in the development, implementation, or operation of the program?

L:1 Established the purpose of the committee(s) (e.g., to serve in an advisory capacity only, toperform or assist in accomplishing certain tasks in the development or implementation ofthe program)?

Li Determined the number of persons who will be asked to serve on the committee(s)?Examined the need to establish subcommittees to address certain issues in more detail?

p For each committee, determined the knowledge and skills needed to accomplish thecommittees' purposes?Identified stakeholders with the knowledge and skills needed (based on a list ofstakeholders)?

Ei Made efforts to recruit committee members who represent the geographic, racial andethnic diversity of the community?

IJ Conducted a needs and resources assessment?

Determined the type of information to be gathered?1:1 Identified possible sources of information in the community?

Established a mechanism by which data can be collected, organized, and stored?Determined how results of the assessment will be reported and used?

American Probation and Parole Association4 2

27


0 Developed an action plan?

O Identified the major goals to be accomplished in the development or enhancement of theprogram?

O Determined activities necessary to accomplishing each goal?LI Designated who will be responsible for performing each activity?D Established target dates for the completion of each activity?

Identified additional ways in which the community can aid in the provision of services for theteen court program?

O Identified agencies in the community that can serve as appropriate and meaningfulcommunity service sites?

O Identified other agencies and organizations in the community that provide services thatsupplement or complement teen court program goals and objectives?

01 Determined ways in which community support can be sustained?

U Developed techniques and strategies to maintain ties and communication withstakeholders and service providers?


4 3


CLAPTER 3

LEGAL ISSUES FOR TEEN COURTS*

*This chapter was written by David J. Steinhart, an Attorney-at-Law, Child Youth and Family Policy Consultant, andJuvenile Justice Specialist in Mill Valley, California.


4 4


INTRODUCTION

The teen court movement in America isdistinguished by a great diversity of style,substance, and procedure. There are no uniformnational laws or guidelines for teen courts. Mostjuvenile peer jury programs are local (ratherthan state) projects, and thus it is not surprisingto find a variety of legal structures even within asingle state. Teen court startup efforts shouldinclude a thorough search of state law to identifybasic authority for operation and to ensurecompliance with special teen court legislationthat now or in the future may impose explicitstatutory obligations on the program.

Teen court startup efforts shouldinclude a thorough search of state lawto identify basic authority foroperation...

This chapter identifies legal issues andprocedures that are commonly found in teencourt programs in the United States. Somespecific programs are cited as examples.' Theanalysis is presented in lay terms, rather than"for lawyers only," to facilitate understanding bythe community organizers and volunteers whoso often take lead roles in developing teen courtprograms. Specifically, by the conclusion of thischapter, readers will be able to discuss andexamine legal issues related to topics such as

O statutory authority to operate;

O procedural due process;

0 confidentiality; and

O liability.

AUTHORIZATION ANDSPONSORSHIP

Only a few states have statutes on teen courts orjuvenile peer trial programs. Among these,Texas goes further than any other state tolegislate eligibility (age, offense) and referralprocedure for its teen courts.' A few other

states also have passed laws establishing teencourt projects or jurisdiction.' Some states haverecognized teen courts in fiscal measures thatallocate funds to these programs. For basicjurisdictional authority, most states rely onjuvenile court diversion statutes that have beenon the books for many years. Typically, thesediversion statutes allow a law enforcementagency, a probation department, or a juvenilecourt to suspend or dismiss formal delinquencyproceedings pending successful completion of adiversion program. Teen courts are generallyaccepted as referral programs under these basicjuvenile diversion laws.4

The scarcity of state laws asserting direct controlover teen courts is understandable when thevoluntary and consensual nature of theseprograms is taken into account. All teen courtsare essentially diversion and youth educationprograms whose clients participate on the basisof voluntary consent.

From the authorization perspective, starting ateen court is most often a consensus-buildingprocess in which the founding stakeholdersmake decisions about the kinds of cases that willbe taken, how they will be heard, what sentenceswill be imposed, and who will supervise theprogram. The structural specifics of teen courtsare often set forth in a constitution or set ofbylaws detailing the mission, eligibility criteria,consents, procedures, and staffing andsupervision responsibilities.

Usually, teen courts demand significantcooperation between public and private agencieson key operational issues. Cooperative,interagency agreements may be necessary toestablish the basic rules for referrals andsentencing (community service) options. Forexample, each program must decide how caseswill be referred and which youth will be offeredthe option of a peer jury hearing. Some teencourts will take only infractions, truancy, ormisdemeanor offenses, while others take low-and mid-level felonies like auto theft or


4 5


burglary. A written agreement between thereferring source (e.g., the juvenile court) and theteen court agency (e.g., an independent youthservice organization) can define the caseseligible for referral and the rules for terminatingcases or returning them to the juvenile court.

ISSUES OF DUE PROCESS ANDCONSENT

In a series of opinions beginning in the 1960s,the United States Supreme Court enumeratedspecific procedural due process rights that mustbe accorded by state juvenile courts to minors indelinquency proceedings. Among these rightsare

O the right to counsel;

O the right to notice of the charges andproceedings;

O the right to confront and cross-examinewitnesses; and

O the right against self-incrimination.

The Supreme Court majorities deciding theseHigh Court cases reasoned that minors wereentitled to these adult constitutional rights whenincarceration was a possible outcome of theseotherwise informal proceedings.'

These "due process" rights are not mandatory inteen court proceedings, principally because teencourts do not sentence youthful offenders toincarceration.6 Moreover, youth defendants andtheir parents consent in advance to having thematter heard and settled in teen court. In eachcase, this consent serves as independentauthority to proceed according to the rules,procedures, and sanctions available through theprogram. In this respect, teen courts function asmediators of problems and disputes, authorizedto intercede by the consent of the parties.

The sanctions and punishments available to teencourts are surprisingly similar among programs

throughout the nation. By and large, teen courtjudges and juries dispense sanctions limited tocommunity service, restitution, counseling, andapology to the victim. The types of sentencingoptions used by teen courts are discussed inmore detail in Chapter 6.

No teen court surveyed for this Guide imposedany sentence of incarceration, direct fine, orcompulsory driving license suspension.' This isconsistent with the voluntary basis for teen courtjurisdiction and with the procedural due processstandards that must apply in cases whereincarceration is a possible outcome. In fact, allteen court sanctions and punishments areultimately founded on the voluntary consent ofteen court clients the youth and parents whoelect to have their case heard in this alternativeforum.

From a legal viewpoint, teen court orders areessentially unenforceable. Judicial orders informal delinquency proceedings may beenforced by incarceration or other deprivationsof liberty, but the normal consequence for failureto perform a teen court sentence is rereferral tothe probation department or the juvenile court.Many programs try to prevent rereferral byholding interviews and offering encouragementwhen youth lag in sentence performance andseem to be headed for formal court proceedings.Most program directors report a very high levelof sentence compliance by youth and parentswho are strongly motivated by the teen courtexperience and by the wish to avoid the anxietyor punishment associated with formaldelinquency proceedings.

While teen courts are not required to followconstitutional due process rules, most programsUse lawyers, judges, juries, and procedures thatclosely parallel their counterparts in formaljuvenile courts. In one important respect, teencourts are distinctly more generous than theUnited States Supreme Court has been ingranting a critical due process right to youth: theright to trial by a jury.8

32 4 6 American Probation and Parole Association


If one were to take issue with the due process oflaw available in teen courts, the main concernwould be the admission of wrongdoing that isoften demanded as a condition of referral.Typically, youth-defendants cannot go to teencourt unless they have admitted guilt (or pleadno contest) to the charges against them; usually,this admission is made in the juvenile court priorto referral to the teen court or in papers signedby the minor (and parents) when they arrive atthe program. In fact, most teen court programsconvene only to decide on an appropriatesentence, not determine guilt or innocence. Theproblem, if there is one, is that coercion orpressure may be exerted upon the minor or thefamily to admit guilt in the first place. Judges,probation officers, and school disciplineauthorities often are eager to trim caseloads intheir own departments, especially where thecalendars are crowded and the behavior inquestion is a "lightweight" offense likepossession of alcohol or truancy. There isalways the chance that an innocent minor,threatened with formal prosecution and possibleincarceration, will accept teen court jurisdictionas a benign alternative to the anxiety of postinga defense in formal proceedings. By and large,the benefits of diversion both to thedefendant and the community vastlyoutweigh the risk that punishment will beadministered in some cases where there has beenno wrongdoing.

Teen courts can minimize the risk ofinappropriate intervention by

applying objective eligibility criteria (such asage and offense);

carefully screening cases that are referred;and

* making full disclosure to clients of theprocedures and sanctions that will be used.

Youth defendants and their parents shouldacknowledge their understanding of the processand its consequences in written consent formsmade available by the program.

Consent FormsConsent forms vary considerably amongprograms. Some use only short, terse agreementsto enroll in the program and abide by the rules.Others use multiple forms covering liability,confidentiality, sanctions, and other matters.From a legal perspective, the coverage andcontents of the forms should be sufficient toserve two major purposes: (1) establish validconsent to participate in the teen court program;and (2) protect the teen court and associatedvolunteers, agencies, or programs frommisconduct and liability.

Another important factor, for both thevalidity of consent and for the degreeof protection afforded, is that theconsent obtained from the minor andparents must be informed consent.

All states have rules of law regarding thevalidity of consent forms executed by youth onmatters pertaining to the youth's personal rights.The general rule is that a minor's consent aloneis insufficient; at least one parent or guardianmust also sign the consent form. Anotherimportant factor, for both the validity of consentand for the degree of protection afforded, is thatthe consent obtained from the minor and parentsmust be informed consent. It is good practice tohave youth and parents sign consent formstogether during an interview in which the formsand their meaning are fully explained andquestions can be answered directly. Consentforms need not be detailed and legalistic;preferably, they should be written instraightforward, simple terms to facilitate readycomprehension by youth and parents. A judgeor volunteer attorney who understands thejuvenile diversion process and liability probablyshould be involved in the design of programconsent forms. Some outside guidance can beobtained by examining the forms used byestablished teen courts with similar programstructures. Sample forms used by teen courtprograms can be found in Appendix D.


4 7


Written, informed consent should be obtained,not only from youth defendants and theirparents, but also from other teen courtparticipants, such as youth who volunteer asattorneys or jurors and their parents. The.consents for these individuals will be somewhatdifferent because they are not in a defendantrole, and they are not admitting any wrongdoingor electing teen court as an alternative forum.

Teen Court Legal ProcedureThe program models and legal procedures usedby teen courts are reviewed in more detail inChapters I and 7. The procedures vary greatlyfrom program to program. The few teen courtprograms that hold full trials to determine guiltor innocence before sentencing may haveelaborate and rather formal proceedings that arequite time-consuming. For example, the YouthCourt in Anchorage, Alaska, permits defendantsa full trial on the offense charged. In thesecases, there are multiple hearings, includingarraignment, plea, trial on the merits, and asentencing hearing. Some contested Anchoragecases take three days to reach a conclusion. Foryoung defendants, this is a potentially gruelingexperience that Program Director Sharon Leonsays, "convinces many children to stay out oftrouble forever."

Other models that meet only to sentence a minorafter admission of misconduct will proceedmore quickly, but they too differ in theirobservance of due process standards from thoseapplied in the formal juvenile court. Proceduralcomplexity is guided by the design and purposeof the local program, including the individualprogram emphasis on the education of youngpeople about the legal process.

CONFIDENTIALITY

Privacy Rights in the Context of Teen CourtThere is no federal constitutional guarantee ofconfidentiality for youth in juvenile delinquencyproceedings. Juvenile confidentiality laws are

entirely state matters, governed by state codes orby rules of the court. States differ greatly in theamount of protection from publicity offered tojuveniles apprehended for law violations. Publicconcern about youth violence has motivatedlawmakers in many states to rewrite juvenileconfidentiality laws, allowing wider release ofjuvenile names, offenses, and records to thepress and to the public, especially for seriousand violent crimes. Despite this trend, manystates maintain a strong tradition of privacy foryouth and parents in juvenile court proceedings.A few states, like Colorado and Oregon, havelong-standing policies of little or noconfidentiality for arrested youth, and they haveopened juvenile delinquency proceedings to thepublic.

As a general rule, teen courts reflect the valuesand policies of the states and communities inwhich they operate. The level of confidentialityavailable in a program is often guided byexisting state law. Most experienced teen courtprogram directors believe that a high level ofconfidentiality is in the best interest of the youthdefendants and their parents. The promise ofprivacy is an inducement for juveniles andparents to submit to teen court proceedings inthe first place. Without rules of privacy, teenjurors and volunteers are free to chat withfriends about deeply personal and family mattersthat are aired in teen court proceedings,contributing to embarrassment or alienation ofthe juveniles subjected to such gossip.

As a general rule, teen courts reflectthe values and policies of the statesand communities in which theyoperate.

The normal protocol for teen courts is to haveeach participant sign an oath or pledge ofconfidentiality. This is usually a short statementpromising to maintain the confidentiality of allpersonal information heard or exchanged in teencourt proceedings. It is a routine condition ofparticipation for teen jurors, 'atibrneys, andvolunteers who attend teen court proceedings.


4 8


Attendance at ProceedingsThe question of who may attend teen courtproceedings is inevitably one that each programmust address. Television and newsrepresentatives frequently express interest inthese programs and seek access with reporters orcameras. The first concern is whether theyshould be admitted to proceedings in the firstplace. Some programs, especially those in stateswith strong juvenile confidentiality laws, forbidaccess by the media. Others permit access undercontrolled circumstances. Except in rare caseswhere the program does not offer confidentiality,plans to allow media coverage of proceedingsshould be explained to and approved by theyouth and parents whose private lives will beaffected by the resultant publicity. Wherecameras are brought in, some adult should beassigned to monitor the coverage and to makesure that media personnel observe whateverconditions may apply (e.g., that faces of minorswill not be shown on television).

Handling of RecordsAnother confidentiality issue relates to therecords of juvenile court proceedings. Somepaper or electronic trail must be established forthe acceptance of referrals from probation, court,or school authorities; for the outcomes ofhearings and sentences imposed; and forfollowup purposes, to monitor sentencecompletion and to rerefer the case for formalprosecution if the sentence is not completed.Programs vary greatly in their policies onmaintenance of records. Some operate with ahigh degree of informality and keep very littlepaper on the proceedings. Most have rules aboutthe kinds of records that are kept, who can seethe records, and whether and when the recordmay be sealed or destroyed.

Defendant-related records usually include

a notation of the referral and referring source;

O consent and other program enrollment formsexecuted by the defendant and parents;

O police, probation, court, or school disciplinereports (depending on the referring agency);

O some log of the teen court proceeding andoutcome;

O a referral agreement or notation of referralfor community service; and

O a log or other record of sentences andsentence completion.

Many programs limit access to these records toindividuals who must have them in order toconduct teen court business particularly theprogram staff, the defendants, and the studentattorneys and attorney supervisors. Manyroutinely seal or destroy these records when thecase is successfully completed. However, someprograms have reason to maintain these recordsfor longer periods for example, so that theycan observe limits on how many times a youthmay be returned to teen court for subsequentoffenses, or so they can track performance andrecidivism data for groups of teen courtgraduates.

Written Policies and ProtocolsPerhaps the best advice on confidentiality forteen court programs is to have a set of clear,written policies and protocols covering allaspects of the subject, from pledges that must besigned by participants, to rules of attendance andmedia coverage, to rules on the keeping, sealing,and destruction of records. These writtenpolicies should be drafted to reflect state lawrequirements as well as individual programvalues, and they should probably be designedwith the help of a volunteer attorney or judge.

MA

In general, it is fair to say that teen courts haverelatively low exposure to lawsuits resultingfrom their operations. Some peer trial programsfunction within public agencies that are shieldedfrom litigation by state law. No teen court


9


program among those surveyed was a directservice provider with primary responsibility fortreatment, education, or work programs; theusual relationship to community serviceagencies is an indirect one defined by a referralagreement. With limited opportunity to causedamage, most programs can probably coast for along while without suffering any serious legalchallenge.

Nevertheless, liability is always a potentialproblem. Consider the following hypotheticalexamples:

A 15-year-old is ordered by the teen jury toperform community service at a local carwash holding a benefit for a local schoolrecreation program. While washing cars, heslips on soapy water and breaks his leg. Hesues the teen court for ordering him to workon a hazardous activity that caused his injury.

A 17-year-old boy charged with multipleassaults is waiting outside the teen court forhis case to be heard. Also waiting is a 13-year-old boy who is charged with truancy.The 17-year-old picks on the younger boyand, over the protests of the younger boy'smother, slugs the 13-year-old, knocking outtwo front teeth. The dental bill is $6,000.The mother of the 13-year-old sues theprogram for failure to provide adequatesecurity and supervision.

A TV crew tapes a teen court hearing inwhich a student defense attorney explorespersonal problems that may have contributedto a series of late-night outings and drinkingepisodes by a 14-year-old girl. In testimony,the girl accuses a school counselor of sexualassault. When the tape is aired on local TV,the school counselor is suspended pending aninvestigation. He sues the TV station and theteen court program for defamation ofcharacter affecting his employment.

What protective action should teen courtprograms take in advance to avoid suchchallenges? Protection is available in several

forms including legal shields (immunity) fromsuit, waivers of claims for damages, andinsurance. In addition, legal defenses thatpertain to specific types of lawsuits may comeinto play, such as "contributory negligence" inan injury case or "privileged communication" ina defamation case. Mentioned below are someof the primary forms of liability protectioncommonly available to teen courts.

ImmunityMany states shield public agencies, and courtsand court officers in particular, from lawsuits fordamages alleged to have occurred in the courseof official proceedings. This protection fromliability derives from the English legal doctrineof "sovereign immunity," and state laws thatprotect government agencies from legal actionsare known as "immunity laws." Most teen courtprograms cannot rely on government immunitylaws for protection. The first reason is that fewteen courts are official, public agencies; most areprivate agencies or organizations whose quasi-public features are defined by referralarrangements with official agencies. Anotherreason is that many states have discarded oldimmunity laws or have limited immunitydefenses to particular acts by governmentofficials. Nevertheless, some officiallysponsored teen court programs may be coveredby applicable state shield laws. Even privatenonprofit agencies may be protected by state lawfrom certain legal attacks related to theircharitable activities. Before any such coverageis assumed to exist, the state code and case lawshould be researched on behalf of the programby a competent attorney.

Waivers and ReleasesMany teen court programs seek protection fromliability by having participants sign waivers orreleases of their right to sue for damages. Theseare written, legal statements that go to varyinglengths to remove the teen court, its staff, and itsaffiliate agencies as targets of legal action.Some waivers are simply stated as a release ofthe program from a participant's claim for

36

50American Probation and Parole Association


damages. Others go further. For example, theliability release form (see Appendix D) used bythe Odessa, Texas, Teen Court Program includesan indemnification and hold-harmless clause thatextends to third-party actions; in simple terms,this means the person signing the form may beobligated to repay the program for expenses theprogram incurs in a lawsuit brought by anotherperson.

Some programs surveyed for this chapter do notrequire youth defendants, parents, or volunteersto sign waiver forms. Instead, they wait until thejuvenile reaches a community service agency,and they rely on the direct service agencies toprovide waivers and obtain signatures from theyouth and parents involved in the performanceof community service. This approach may fail toprovide adequate protection to the teen courtprogram itself.

Waivers and releases are notbulletproof protection against liability.

Waivers and releases are not bulletproofprotection against liability. State laws or courtdecisions frequently control the form, content,and validity of waivers and releases that areexecuted within the state. Many states offerspecial protection to juveniles, and the courts inthese states may be reluctant to enforce a releasethat prevents a youth from obtaining justcompensation for injuries. Under generalcontract law, a release is not generallyenforceable unless something of value("consideration") has been received by the partysigning the release. Since teen court participantsare not paid for their time, there is arguably afailure of consideration and problem with thevalidity of such a release.

Above and beyond questions relating to validity,there is a question of fairness that deservesattention. Is it fair to attempt to bar youth ortheir families from a remedy that the lawprovides, in the form of money damages, forinjuries resulting from the negligence of another

person? A simple example would be a youthwho was badly burned because a communityservice agency carelessly put him to worktending a fire of piled-up leaves, and who latercould not afford proper medical care because theparents had signed a waiver of claims fornegligence.

To survive, programs must protect themselvesand their staff from bankrupting legal assaults.Thus, it makes sense for every teen courtprogram to have participants sign waivers orreleases of claims for damages. How far thesewaivers and releases should go is a matter foreach program to decide, based on the advice ofcompetent counsel. Even where doubts remainabout the validity of waivers or releases signedwithout compensation, these legal documentshave value as up-front deterrents to the filing oflawsuits, especially frivolous actions.

InsuranceInsurance is another recommended line ofdefense against lawsuits and damages. Privatenonprofit organizations sponsoring teen courtprograms often find the search for adequate,dependable, and affordable insurance afrustrating task.

Several types of insurance deserve mention andconsideration. Property insurance (or businesspremises insurance) may include liabilitycoverage for accidents or injuries that occur as aresult of some condition on the premises wherethe program operates. Automobile insurancespecifically covers vehicles that may be used bythe program. These types of coverage areordinarily easy to obtain.

General liability insurance is provided by aseparate policy that is priced according to thetypes of activities insured and the associatedrisks presented. Specialized liability insurancefor attorneys and other professionals may bequite expensive. Many private, community-based agencies (including many of the programs



interviewed for this chapter) do not carrygeneral liability insurance. Where available,such insurance protects private agencies fromdamages that result from acts or omissions bythe organization and its employees and agents.Separate coverage may be needed for programvolunteers. Such insurance pays the costs ofdefending actions filed against the insuredorganization as well as damages payable aftersettlements or court actions. Occasionally,surrogate coverage may be obtained by havingthe teen court program certified as a named-insured on a policy maintained by a communityservice organization where teen defendantsserve out their sentences.

A troubling issue for many private nonprofitagencies is how to protect board members frompersonal liability for claims that result fromprogram operations. Citizens who serve astrustees or directors of community programsoften demand insulation, in the form ofinsurance, from liability. "D&O" (directors andofficers) insurance is normally an expensive andunbudgeted item for nonprofits. The need forsuch coverage will vary, depending on state andfederal laws defining the exposure of nonprofittrustees to personal liability. Applicable statenonprofit law should be thoroughly researchedby affected programs.

Government agencies often have better access tosome form of insurance, whether the insuranceis a policy from a private insurer or a pool offunds maintained by state or local governmentto pay for claims. Teen court programs fundedby or working through government agenciesshould explore the possibility of extendingpublic agency protection to their ownoperations. An innovative example ofgovernment-sponsored insurance is provided byteen court programs administered collectivelythrough the Kentucky Administrative Office ofthe Courts. Volunteers in these programs mayelect to purchase daily accident and liabilitycoverage for themselves at $5.50 per person peryear in a program offered through the Kentucky

Social Services Department. This is similar tobuying "collision damage waiver" insurancewhen renting a car.

Insurance questions should be handled by alawyer-insurance broker team that can tailorsolutions to individual program needs. Someguidance is available from nonprofit advisoryorganizations that specialize in helpingcommunity-based service providers managebusiness risks and define insurance needs.'

Liability and VolunteersTeen courts are volunteer-rich programs, usingadult mentors, trainers, and supervisors, as wellas teen judges, jurors, attorneys, and bailiffs.Even the members of the board of directors, whoserve without compensation, must be consideredvolunteers.

Any community program that enlistsvolunteers faces special liabilityconcerns.

Any community program that enlists volunteersfaces special liability concerns. First, theprogram must provide for the protection ofjuveniles who engage in activities with adultvolunteers. Second, the program must protectthe volunteers themselves from lawsuits,injuries, or damages that may result fromprogram activities. Finally, the program mustprotect itself.

All three protective strategies discussed aboveapply to volunteers. State charitableorganization laws may provide some protectionto volunteers and to the organization, thoughvolunteers and staff must usually act withinresponsible limits set by these laws. Volunteersshould sign waiver and release forms thatprotect the agency from legal attack. Finally,insurance may be obtained to protect both theprogram and individual volunteers; a caveat forprogram administrators is to double-check theirliability coverage to make sure that it contains aspecific endorsement for volunteers.


52


Because client protection is a main objective ofany program that handles a caseload of minors,it is important to have adequate screening andinterview procedures for program volunteerswho interact with youth. While FBI-typeinvestigations would certainly discouragevolunteer participation, the program shouldapply basic common sense when it welcomesnew volunteers to teen court. An applicationform and references would be appropriate asscreening tools for any adult who is expected towork closely for extended periods with juvenilesin the program. This is not a guarantee thatnothing will ever go wrong, but it does servesome legal purpose by demonstrating the goodfaith and care taken by the organization toprotect youth who participate.

Every teen court should have written policiesand procedures in place that carefully define the

duties and activities of program participants andvolunteers. This helps to minimize theopportunity for injury or misconduct in the firstplace, and these written policies and procedurescan be useful in defending any lawsuits that maybe brought.

CONCLUSION

The purpose of this chapter was to provide abroad overview of legal issues that may confrontteen court programs. Although the legal issuesencountered by teen court programs in differentjurisdictions will be similar, the responses tothem may vary according to local and state laws.Program organizers are encouraged to seek legalcounsel when developing teen court policies andprocedures to protect the program, staff, andclients.

American Probation and Parole Association 53 39


CHECKLIST FOR LEGAL ISSUES


Determined whether the state has a teen court authorizing law?

U Determined if authorizing law is a jurisdictional statute (defining caseload and scope ofoperation), a funding statute, a basic diversion statute, or some combination of the above?What requirements and opportunities are presented by state law?Determined (with or without statute) if approval is needed by a specific state or localagency for the teen court program to operate (e.g., courts, probation, schools, childwelfare, county government)?

D Determined what interagency agreements are needed to define the caseload, referral terms,community service options, and other operational features of the program? (Note: Interagencyagreements also are discussed in Chapter 6.)

D Developed program consent forms for defendants and volunteers?

U Determined if program consent forms are adequate to establish valid consent toparticipate and basic protection from liability?

U Assured that the program has taken steps to ensure that consent is informed consent, withthe consequences of participation fully understood by youth defendants and their parents?

U Checked with state law to make sure the consent forms meet legal requirements forjuveniles signing documents affecting their personal rights?Developed separate consent forms for program volunteers?

D Determined if the teen court's program procedure is controlled by any applicable state law?

D Solicited input and participation from local attorneys and judges in designing the teencourt's procedure?

Determined what rules of confidentiality apply to teen court operations?

U Developed procedures for ensuring that steps are taken to protect confidentiality (e.g.,oaths signed by participants)?

LI Developed procedures to ensure compliance with program confidentiality rules by pressor television media personnel who observe or tape proceedings?

D Developed procedures for adequately protecting program records from unauthorizedaccess?

U Defined written program protocols on confidentiality?



D Established steps to protect clients, volunteers, and the program itself from liability formisconduct or damages?

C11 Identified any state immunity laws that may provide special protection to the program asan official or charitable agency?

0 Prepared sufficient waiver and release forms (with professional assistance) with somethought given to the rights of the juveniles who may be injured while performingcommunity service?

p Explored all insurance options thoroughly, based on professional advise?Li Investigated and developed policies and procedures (e.g., screening policies, waivers,

insurance) that provide the program with adequate protection in relation to volunteers,both youth and adults?



NOTES FOR CHAPTER 3

1. Individuals from several teen courtprograms participated in special interviews forthis chapter on legal issues. The programsinterviewed were: Anchorage Youth Court,Anchorage, Alaska; Gila County Teen Court,Globe, Arizona; San Francisco Youth Court, SanFrancisco, California; Teen Court, NortheastJuvenile Justice Center, Los Angeles, California;Westminster Teen Court, Westminster, Colorado;Denver Teen Court Partnership, Denver,Colorado; Osceola Teen Court, Inc., Kissimmee,Florida; Kentucky Teen Courts, AdministrativeOffice of the Courts, Frankfort, Kentucky; BendYouth Court, Bend, Oregon; Capital DistrictTeen Court, Latham, New York; OnondagaYouth Court Program, Syracuse, New York;Tyler Teen Court, Tyler, Texas; and Odessa TeenCourt, Odessa, Texas. Additional informationwas supplied by the American Bar Associationand the National Council of Juvenile and FamilyCourt Judges. The assistance of the programsand agencies is gratefully acknowledged.

2. Texas Code of Criminal Procedure, Sec.45.55. In establishing a procedure for thereferral of youth by the Juvenile Court to teencourts, the Texas statute may not be preemptiveof local program variants; for example, thePerrytown, Texas, Teen Court reports that it doesnot operate under the statute because itsdirectors consider the statutory scheme toorestrictive.

3. See, for example, Iowa Statutes 602.6110(Judicial Code) establishing "peer review" pilotproject under the auspices of the state SupremeCourt, permitting diversion of youthfuloffenders to the peer review court anddescribing eligibility criteria and sentencingoptions for the pilots.

4. See, for example, Arizona Children's CodeSec. 8-230.01, California Welfare andInstitutions Code Sec. 654, Florida Statutes Sec.39.047 (Judicial Branch/Juveniles), or OregonJuvenile Code Sec. 419.630 for representative

juvenile diversion statutes considered to be basicauthorizing legislation by teen court programs inthose states.

5. The important cases establishing proceduraldue process rights for juveniles in delinquencyproceedings are Kent v. United States 383 U.S.541 (1966) (right to counsel); In re Gault, 387U.S. 1 (1967) (right to counsel, right to notice ofcharges and proceedings, right to confront andcross-examine witnesses, privilege against self-incrimination); In re Winship, 397 U.S. 358(1970) (burden of proof beyond a reasonabledoubt); Breed v. Jones, 421 U.S. 519 (1975)(protection against double jeopardy).

6. None of the teen court programs surveyedfor this chapter impose any sentence ofincarceration. Some, however, order sentencesof grounding or house arrest at home; thesedeprivations of freedom of movement arejustified on the basis of voluntary consent to thesentence by the minor and the parents.

7. Some programs require defendants to payan administrative fee for processing through theprogram, in the range of $10 to $20. Someprograms provide for a sentence of grounding orhouse arrest, distinguished from incarcerationbecause it is at home and with the minor'sconsent.

8. The U.S. Supreme Court has rejected claimsthat juveniles in delinquency proceedings areentitled by the federal Constitution to trail byjury. McKiever v. Pennsylvania, 403 U.S. 528(1971). Nevertheless, 12 states have laws orcourt decisions allowing jury trials for minors indelinquency proceedings (regardless of whetherteen courts also operate in those states.)

9. For example, the Nonprofit RiskManagement Center is a national organizationoffering training and publications on stateliability laws, insurance, managing risks involunteer programs and related matters. Thecenter can be reached at 1001 Connecticut Ave.,N.W., Suite 900, Washington, D.C. 20036-5504.Phone (202) 785-3891.


5 6


CHAPTER 4

DEVELOPING A PROGRAM PURPOSE, G ALS, AND0 JECTIVES



INTRODUCTION

The number of teen court programs is growingrapidly across the country as people realize thewide range of youth these programs caninfluence and the many benefits associated withthem. With this increasing awareness will comeincreasing scrutiny, as programs are asked toprove their effectiveness while vying for limitedresources. It is, therefore, essential thatprograms identify their purpose, goals, andobjectives. The purpose of a program providesthe framework that sets the direction of theprogram, while the goals and objectives providea plan as to how the purpose will be achieved.

In addition, the program purpose and goals arethe foundation upon which other programelements are defined, such as the targetpopulation and program services. Measurableobjectives will provide programs with amechanism for evaluating their results. Targetpopulation, program services, and programevaluation will be discussed in greater detail insubsequent chapters, but they are mentionedhere in order to draw attention to theinterdependency of the steps and decisions in theprogram development process.

When developing a program's purpose, goals,and objectives, it may be helpful to understandthe rationale and philosophy behind teen courtprograms. This chapter begins with a discussionof some of the recurring themes among teencourt programs and concludes with practicalinformation on developing a purpose, goals, andobjectives for a teen court program.Specifically, by the end of this chapter, readerswill be able to

discuss the concept behind the balancedapproach mission and restorative justicemodel and explain its relation to goals of teencourt programs;

develop a purpose statement for a teen courtprogram; and

develop short- and long-term goals andmeasurable objectives for a teen courtprogram.

THE BALANCED APPROACMISSION AND RESTORATIVEJUSTICE MODEL

One of the emerging trends in juvenile justice isbased on the concept known as the balancedapproach mission and restorative justice model.In an attempt to provide equal attention tooffenders, victims and the community, thebalanced approach mission, according toBazemore and Umbreit (1994), focuses on

accountability;

competency development; and

community protection.

The philosophy of restorative justice is based onthe following values and assumptions(McLagan, 1992, as cited in Bazemore andUmbreit, 1994):

Offenders, victims, and the communityshould be included in the response to crime.

Government and local communities shouldassume complementary roles in respondingto crime.

Accountability is based on offendersunderstanding the harm caused by theiractions, accepting responsibility for the harmcaused, and making amends.

It is through values espoused within this type offramework that goals of the balanced approachmission take on a more significant meaning(Bazemore and Umbreit, 1994). What isinteresting to note is that these same goals (i.e.,accountability, competency development,community protection) recur throughout theliterature and program materials from teen courtprograms. Although they tout goals similar to


58


those found in the balanced approach mission,the majority of teen court programs, like manyother juvenile justice agencies, have notimplemented the elements inherent in thispromising approach to their full potential.Programs that follow a balanced and restorativejustice model provide a means for reconcilingthe interests of and meeting the mutual needs ofvictims, offenders, and the community(Bazemore and Umbreit, 1994).

Implementing programs based on the balancedand restorative justice model can be an ominoustask and often requires agencies to adopt a newway of viewing the roles of offenders, victims,and the community in the justice process(Bazemore and Umbreit, 1994). Withconsideration and active participation from otherjuvenile justice agencies, victims, and thecommunity, teen court programs can offerjurisdictions an avenue to bring the philosophyof the balanced approach mission in juvenilejustice into actual practice.

AccountabilityOften society has difficulty determining whereto affix the culpability for juvenile crime.Responsibility has been placed on parents,schools, the community, or the court system.Although each contributes to the problems thatlead to juvenile crime, the individualresponsibility of the youthful offender cannot beignored. Families, schools, communities, andthe juvenile justice system all must play a role inensuring that youth accept responsibility 'and areheld accountable for their actions.

Under the balanced approach mission,accountability refers to the need for offenders tomake amends to victims for the losses caused bytheir delinquent actions. This entails not onlythe action of making amends through avenuessuch as community service or restitution, butalso entails creating an awareness in youthfuloffenders of the harmful consequences theiractions have on others, most notably victims(Bazemore, 1993). In cases coming before a

teen court program in which there is noidentifiable victim, the message still should besent to teen court defendants that their actions doaffect others, including their families and thecommunity as a whole.

What is missing in many teen courtprograms, however, is the link foroffenders between the act of makingamends and the awareness andunderstanding of why it is necessary tomake amends.

Most teen court programs require youthfuloffenders to redress victims and the communityfor the harm caused through the provision ofcommunity service and, in some programs,through oral or written apologies to victims andmonetary restitution (American Probation andParole Association, 1994). What is missing inmany teen court programs, however, is the linkfor offenders between the act of making amendsand the awareness and understanding of why it isnecessary to make amends. In its Report andRecommendations to Victims of Juvenile Crime,the American Correctional Association VictimsCommittee (1994, p.6) states: "In far too manycases, juvenile offenders leave the scene of theircrimes without any inclination of the seriouseffects of their acts or the devastating impacttheir crimes have on their victims." Therefore,if a teen court program is to operationalize thegoal of accountability to its fullest extent, itmust not only create opportunities for youth torepay victims and the community, it also mustbuild in an awareness component that educatesyouth on the impact their actions have on others,(i.e., victims and community).

In doing this, efforts should be made to involvethe community and victims actively in theprocess (Bazemore and Umbreit, 1994). Thecommunity plays significant roles in holdingoffenders accountable by providing locations foroffenders to complete community service hoursand by providing offenders with paid workopportunities, increasing their ability to payrestitution. At a minimum, victims should



provide impact information (written or oral) onhow the crime affected them. This informationcan be used during the sentencing phase toprovide jurors with information to assist them indetermining an appropriate sentence and tobegin the process of personalizing the crime forthe offender.

Competency DevelopmentUnder the balanced approach mission, thecompetency development goal emphasizes theneed for offenders to leave the juvenile justicesystem with skills that will enable them to beproductive participants in society (Bazemoreand Umbreit, 1994). Additionally, Norem-Hebeisen and Hedin (1981) stress that todecrease delinquency, one goal of peerprograms should be to provide at-risk youthwith skills that aid them when they findthemselves in situations in which problembehavior is encouraged and supported. Teencourt programs can be effective in this area byteaching youth (i.e., youthful offenders andcommunity youth) necessary life and copingskills and then offering a meaningful forum inwhich to use and refine those skills.

The goal is for young people to carryover and apply what they learn throughteen court when confronted with otherdifficult choices and situations in theirlives.

Throughout their participation in the program,teen court defendants and youth volunteers willbe confronted by persons with differingviewpoints and backgrounds, which oftenmirror experiences and situations encountered inother aspects of their lives. At times, thesedifferences may cause frustration; however, theway youth learn to react and respond to thesediffering viewpoints and personalities is all partof the learning process. The goal is for youngpeople to carry over and apply what they learnthrough teen court when confronted with otherdifficult choices and situations in their lives.

Most teen court programs are designed tointervene early (usually after a first offense) inthe delinquent behavior of a juvenile. Someways in which teen court programs offer skill-building opportunities for youthful offenders isthrough requiring the performance ofcommunity service and participation ineducational workshops. In addition to holdingyouth accountable, basic habits that theperformance of community service can instill inyouth include (Maloney and Bazemore, 1994)

* reporting to work on time;

* cooperating with coworkers;

* accepting constructive criticism; and

successfully finishing a task.

Educational workshops can be designed andoffered to defendants to assist them indeveloping needed skills in specific areas, suchas managing conflict and problem solving. As ameans to further the development, enhancement,and application of life skills, most teen courtprograms require or encourage offenders toparticipate as a volunteer in the program, usuallyin the role of a juror. The table is turned, and thedelinquent youth is offered an opportunity toexperience the other side of the justice systemby determining consequences for a peer. Staff,who observe a youth's interaction with otherjurors and teen court participants, can identifyyouth who are lacking in certain skill areas andwho may need additional assistance or aninformal referral for other services.

Teen court is not a mock trial; the cases that areheard are real. As a prevention program, teencourt programs offer youth in the communityvaluable education and hands-on experience inthe legal and judicial system. This places youthvolunteers in positions that require a tremendousamount of responsibility. They assume rolesthat give them the power to make decisions thatcan have a direct impact on the lives of the teencourt defendants. Through these roles, young



people can play an active part in addressing theproblem of juvenile delinquency within theircommunity.

Community ProtectionThe right of the public to a safe and securecommunity is at the heart of all justice programsin both the adult and juvenile systems. As ameans to help ensure public safety, the balancedapproach mission calls for a sharedresponsibility between the juvenile justicesystem and the community for the control andreintegration of offenders (Bazemore andUmbreit, 1994). By helping youth develop andenhance needed life and coping skills andeducating them on the legal and judicial system,teen court programs can cause youth to adoptmore prosocial attitudes, which ultimately canhelp protect the community.

This concept is illustrated by the personalstatement in Figure 4-1. It was written by a 15-year-old girl who, before her involvement as avolunteer in the Buncombe County Teen CourtProgram in Asheville, North Carolina, haddeveloped a pattern of shoplifting. She wasnever caught.

The Office of Juvenile Justice and DelinquencyPrevention (1993) based a major component ofits Comprehensive Strategy for Serious, Violent,and Chronic Juvenile Offenders on the premisethat to effectively handle delinquent behavior,there must to be a range of graduated sanctionsand a full continuum of treatment andrehabilitative services. Aside from assistingcommunity youth to develop needed skills toresist the pressures to participate in illegalactivity, teen court programs promote publicsafety by offering jurisdictions an alternativeprogram to juvenile court for nonviolent,misdemeanor cases. The rationale for doing sois that the number of cases being heard injuvenile court will decrease, and more time willbe allotted for juvenile court to hear moreserious cases.

SAMPLE STATEMENTS OFPURPOSE, GOALS, AND0 IJECTWES

After considering the philosophy and rationalebehind teen courts, program developers need totranslate the philosophy into practice. Each

Figure 4-1: Personal Statement of a Youth Teen Court Volunteer

A few years ago I started hanging out with some guys that always got into trouble with the police. I knewwhat they were doing was wrong, but I didn't know exactly what would happen if we were caught. Itdidn't take long for me to get used to their ways and fit in well. When we would go into a store, I alwaysknew my part, and no one else ever messed up either. We never got caught, and after a while we all gotvery cocky about things.

There was one time when we went into a store five times in a row, and the last two times there was apolice officer in there. It didn't bother us; we just tried to get as much as we could and if we got caught,well, really we thought that the police were too stupid to catch us. The way we thought was an ignorantway of thinking, because a week after that my friends were caught at another store, I, fortunately, was notwith them, but it got me to thinking. What if I had been with them? If I had been caught, what would havehappened? Even though it got me thinking, I didn't quit doing those types of things. I still wasn't surewhat could happen if I was caught.

Once teen court started in Asheville, I got into it. I learned about what could have happened if I wascaught, and that was when I decided not to do anything illegal again. If it hadn't been for teen court, Iwould never have learned about the consequences of doing wrong things and I would probably still bedoing them.

4861



jurisdiction should consider the philosophywithin the context of its own community needsand resources. Blindly implementing a programbased on its apparent success in otherjurisdictions is a simplistic solution thatultimately may prove ineffective (Cochran,1989).

lindly implementing a program basedon its apparent success in otherjurisdictions is a simplistic solutionthat ultimately may prove ineffective(Cochran, 1989).

It is advisable to include agency staff andstakeholders of the program (those who aresupportive of the program's efforts as well asthose who may be resistant) in the process ofdeveloping the purpose, goals, and objectives. Ifa program is being developed within an existingagency, the program purpose must be inaccordance with all other aspects of theoverseeing agency's mission and must beacceptable to all involved with the program.According to Crowe and Schaefer (1992), someissues that may need to be evaluated by programdevelopers in this process include

O the overall mission of the agencyimplementing the program;

O legal issues that may affect the program; and

O limitations of community and programresources.

The following section outlines the process ofdeveloping a program's purpose, goals, andobjectives. When possible, examples usedreflect concepts related to the earlier discussionof the balanced approach mission and restorativejustice model.

Program PurposeA teen court program's viability depends on itsability to address a pressing local problem. It iscrucial that a teen court program focus on needswithin its jurisdiction that can be addressed

realistically. This will enable agencies todevelop manageable, effective programs. Thefollowing two primary questions can helpprogram developers limit the scope of a programto something that is realistic and achievable(Fulton, Stone, and Gendreau, 1994):

O What deficiencies are we trying toovercome?

O Which ones can we realistically overcomegiven the existing resources and level ofsupport?

A clearly articulated statement identifying theprimary purpose of the program will assistagencies in remaining focused on achievable andcongruent goals. The purpose statement for anyprogram, like an agency mission statement,should clearly state the primary purpose of theprogram and the population for whom it isdesigned. It also should include a very brief andgeneral description of the services it will provide(Fulton, Stone, and Gendreau, 1994). A sampleteen court purpose statement may be found inFigure 4-2.

Figure 4-2: Sample Teen Court Program PurposeStatement

The Teen Court Program is a community-based intervention/prevention programdesigned to provide an alternative response forthe juvenile justice system for first-time,nonviolent, misdemeanor juvenile offenders,in which community youth determine theappropriate sanctions for the offender. Theprogram will hold youthful offendersaccountable and provide educational servicesto offenders and youth volunteers in an effortto promote long-term behavioral change thatleads to enhanced public safety.

Program GoalsProgram goals are broad, general statements thatserve to map out the future and provide ameasure of success in achieving the program



purpose. They should clarify the intentions ofthe program and direct program activities. It isrecommended that agencies apply the followingguidelines when developing goals for teen courtprograms:

O Focus the goals according to the targetpopulation and program services provided.

0 Carefully select the goals of a teen courtprogram based on prioritized needs andavailable resources.

O Differentiate short- and long-term goals.

A further discussion of these guidelines revealshow their application can enhance the credibilityof teen court programs.

Focusing on Target Population and Servicesto Be ProvidedWhen developing goals, program developersshould keep in mind the target population theprogram is designed to serve. If a programdecides to target first-time offenders, the goalsand objectives of the program may differ fromthose of programs targeting repeat offenderswho may need more intensive services. Targetpopulation and program services are discussedin more detail in subsequent chapters.

Basing Goals on Prioritized Needs andAvailable ResourcesStakeholder desires and jurisdictional needsshould not be ignored. However, agencies mustexamine and prioritize these needs. Thisrequires an examination of the needs of youth inthe community and a determination of whichneeds are not currently being met through othermeans and could be met through teen court.Funding and community resources need to beexamined to ascertain if the identified needs canbe met with existing resources or if thedevelopment of resources is feasible. Realisticgoals that address a specific and important needthen can be established. (See Figure 4-3.)

Figure 4-3: Sample Teen Court Program Goals -Based on a Prioritized Need

Prioritized Need: A program to address theproblem of underage drinking and illegal druguse in the community.

Long-term goal:

Short-term goal:

To decrease the number ofyouth in the communityengaging in alcohol andillegal drug use.

To intervene early, provideeducation to, and promoteawareness among youth ofthe dangers of substanceabuse.

Differentiating Between Short- and Long-Term GoalsProgram developers may find it helpful todifferentiate between short- and long-term goalsof the teen court program. Some goals mayhave a rehabilitative focus associated with long-term behavior change. These may be easier toevaluate if refocused and broken down intoshort-term goals that support the long-term goal.Also, it may be easier to sustain internal andexternal program support if people can see goalsbeing achieved in the short-term. Figure 4-4provides an example.

Figure 4-4: Sample Teen Court Program Long- andShort-Term Goals

Long-term goal:

Short-term goal:

Short-term goal:

Long-term goal:

Short-term goal:

Improve the capacity ofyouth to becomeresponsible and productivecitizens.

Provide youth with educationand hands-on experience inthe judical systems.

Increase life and coping skillsof youth in the community.

Protect the community.

Hold youthful offendersaccountable.



Program ObjectivesObjectives are crucial to effective programimplementation and evaluation. Programobjectives specify how program goals will beachieved and should include a method forevaluating results. While program goals shouldclearly state the intentions of a program,objectives should describe the mechanisms andstrategies used to accomplish those intentions.

Specific and measurable objectives should beassigned to each major goal area. Objectivesshould be achieved within a limited time and beidentified with an actual result. It isrecommended that teen court objectives beresult-oriented rather than activity-oriented(Crowe and Schaefer, 1992; Fulton, Stone, andGendreau, 1994). Some sample goals andobjectives may be found in Figure 4-5.

Figure 4-5: Sample Teen Court Program Goals and Objectives

Long-term goal:

Short-term goal:

objective 1:

objective 2:

Short-term goal:

objective 1:

objective 2:

Long-term goal:

Short-term goal:

objective 1:

objective 2:

objective 3:

objective 4:

Long-term goal:

Short-term goal:

objective 1:

objective 2:

objective 3:

Improve the capacity of youth to become responsible and productive citizens.

Provide youth with education and hands-on experience in the judicial system.

90% of youth attending the five-week teen court training seminar will pass a teen court barexam.

All youth volunteers will be scheduled to participate in a teen court trial/hearing withinthree months of passing their bar examination.

Increase life and coping skills of youth in the community.

30% of the ongoing youth volunteer pool will consist of past teen court defendants by theend of fiscal year 1996.

85% of youth volunteers will complete a six-week life skills class during fiscal year 1996.

Protect the community.

Hold youthful offenders accountable.

All referrals to the teen court program will be docketed and heard in teen court within fiveweeks of the referral.

During fiscal year 1996, 80% of teen court defendants will successfully complete theircommunity service hours within 90 days of their sentence.

80% of all restitution payments scheduled to be made during fiscal year 1996 will becollected.

During fiscal year 1996, 60% of teen court defendants will complete a four-week victimawareness class.

Decrease the number of youth in the community engaging in alcohol and illegal druguse.

Intervene early, provide education to, and promote awareness among youth of thedangers of substance abuse.

During fiscal year 1996, 95% of all teen court defendants charged with an alcohol/drugoffense will attend a Mothers Against Drunk Driving victim impact panel.

80% of all teen court defendants will successfully complete a four-week substance abuseawareness program.

A pretest and three-month followup test (designed to assess change in knowledge andattitude about alcohol and drug use among adolescents) will be administered to allparticipants of the substance abuse awareness program. 80% of participants will show apositive change in knowledge and attitude relative to alcohol and drug use.


51


CONCLUSION

The establishment of a program's purpose,goals, and objectives is critical to effectiveprogram implementation and evaluation.Without a carefully considered purpose andgoals, the program will lack a clear directionand eventually may find its existence called intoquestion.

The sample purpose, goals, and objectivesprovided in this chapter are based on the earlier

discussion of the balanced approach mission.Individual teen court programs should developrealistic and achievable goals that reflect theprogram's philosophical basis, jurisdictionaldifferences, and target population. Establishingreasonable goals and objectives will requiremore work during the planning and developmentstages to ascertain what improvement rates areachievable, given the program aims andresources. However, this investment of time andeffort should pay off in the long run with a moreeffective program.



CHECKLIST FOR PROGRAM PURPOSE, GOALS, AND OBJECTIVES


Li Developed an understanding of the balanced approach mission and the restorative justicemodel?

Howard Zehr (1990, pp. 230-231) developed the following "Restorative Justice Yardstick" as ameans for providing juvenile justice agencies with guidance in moving closer to values andpolicies consistent with the restorative justice model. These questions should be examinedwhile keeping in mind the objectives of the balanced approach mission (i.e., accountability,competency development, community protection).

ij Do victims experience justice?

D Are there sufficient opportunities for them to tell their truth to relevant listeners?Li Are they receiving needed compensation or restitution?

Is the injustice adequately acknowledged?p Are they sufficiently protected against further violation?1:1 Does the outcome adequately reflect the severity of the offense?D Are they receiving adequate information about the event, the offender, and the

process?LI Do they have a voice in the process?U Is the experience of justice adequately public?LI Do they have adequate support from others?[11 Are their families receiving adequate assistance and support?lj Are other needs material, psychological, spiritual being addressed?

Li Do offenders experience justice?

p Are they encouraged to understand and take responsibility for what they havedone?

u Are misattributions challenged?Li Are they provided encouragement and opportunity to make things right?Lj Are they given the opportunity to participate in the process?Li Is there encouragement toward changed behavior (repentance)?Li Is there a mechanism for monitoring or verifying changes?Li Are their own needs being addressed?1:1 Are their families receiving support and assistance?

LI Is the victim-offender relationship addressed?

ij Is there opportunity for a meeting, if appropriate either direct or therapeutic?Li Is there opportunity and encouragement for an exchange of information about

the event, about one another?p Are misattributions being challenged?


66


O Are community concerns being taken into account?

O Is the process and outcome sufficiently public?CI Is community protection being addressed?O Is there need for some restitution or symbolic action for the community?O Is the community represented in some way in the process?

LI Is the future being addressed?

O Is there provision for solving the problems that led up to this event?lj Is there provision for solving problems caused by this event?O Have future intentions been addressed?CI Is there provision for monitoring, verifying, and troubleshooting outcomes?

U Developed a purpose statement?

O Determined the deficiencies or areas of need within the community? (Note: Refer to theneeds and resources assessment discussed in Chapter 2.)

O Determined which deficiencies or areas of need can be realistically addressed.1:1 Determined who the program is designed to serve? (Note: Chapter 5 discusses

determining a target population in more detail.)U Decided what services will be provided by this program? (Note: Chapter 6 discusses

designing program services in more detail.)

0 Developed program goals?

Developed goals that focus on the target population to be served and the program servicesto be provided?

O Categorized goals according to short- and long-term goals?O Prioritized goals according to needs and available resources?

CI Developed program objectives?

CI Developed objectives that specify how the program goals will be achieved?U Developed objectives that include a method for evaluating results?U Established a time frame within which the objectives will be achieved?O Defined objectives that are results-oriented, rather than activity-oriented?

5467



CHAPTER 5

DETE MINING A TARGET POPULATION ANDDESIGNING A

EFERRAL PROCESS



INTRODUCTION

The target population refers to the group(s) ofyouth a program is designed to serve. In orderfor a program to remain focused and to delivereffective services, it must clearly define itstarget population and establish a referralmechanism that will ensure it receives theappropriate cases. The purpose, goals, andobjectives of the program should be the drivingforce behind the selection of a target population.Once defined, a written policy should beestablished that states the identified populationto be served, the criteria used to assess youthduring the referral process, and the person oragency responsible for assessing youthaccording to this criteria.

Teen court programs provide services to a widerange of youth, including offenders andvolunteers. However, for the purposes of thischapter, guidelines and issues to be consideredwill be outlined for defining an offender targetpopulation for a teen court program. Targetingas it relates to volunteers is discussed inChapter 8.

At the conclusion of this chapter, readers willhave the information needed to

O define an offender target population for ateen court program;

O design a streamlined referral process; and

O develop a method for interagency awarenessand training between teen court programsand referral agencies.

DEFINING A TARGETPOPULATION

To remain focused and deliver effective services,a program must define the population at whichits services are aimed. A written policy thatoutlines the offender target population for theprogram should be provided to program staff

and to referral sources to aid in thedetermination of who should be referred to andaccepted in the teen court program. The morespecific the program is in defining thispopulation, the easier it will be to solicitappropriate referrals. Consideration should begiven to starting with a narrowly defined targetpopulation and, if necessary, expanding later.

To remain focused and deliver effectiveservices, a program must define thepopulation at which its services areaimed.

The following are examples of some questionsthat should be considered when determining thetypes of offenders and offenses to target:

O Will the program accept first-time offendersonly, or will it also accept youth with prioroffenses? Are there stipulations on the typesof prior offenses that the offender may havehad?

O Will the program accept misdemeanor,felony, and/or status cases?

O Will the program specify the types ofoffenses it will accept (e.g., shoplifting,underage drinking) or will it accept alloffenses within a broad category, such asnonviolent misdemeanors?

O Will the program accept violent offenders?

O What ages of youthful offenders will theprogram accept?

According to results from the AmericanProbation and Parole Association (APPA, 1994)teen court survey, the ages of youthful offendersaccepted into teen court programs range from 7to 19. The vast majority of responding teencourt programs (97 percent) target first-timeoffenders, but approximately 58 percent alsowill accept offenders with prior offenses.Approximately 97 percent handle misdemeanorcases and 20 percent will handle some felonycases. Twenty-nine percent of the programs



responding indicated that they accept statusoffenses in addition to public offenses. Table 5-1 shows a breakdown of the types of offenseshandled by survey respondents.

Table 5-1: Types of Offenses Accepted by Teen Courts

Offense Percentage ofPrograms Accepting

Theft 97%

Alcohol/Drug Offenses 95%

Vandalism 92%

Disorderly Conduct 90%

Assault 83%

Traffic 59%

Truancy 48%

Violent 20%

Other 27%

Source: APPA, 1994

Offenses in the "other" category includeO loitering;O trespassing;O curfew violations;O arson;O robbery;O breaking and entering;O auto tampering;O harassment;O wanton endangerment;O receiving stolen property;O larceny; andO criminal mischief.

These results indicate that, nationwide, teencourt programs are being used as a response fora wide range of problem behaviors amongyouth. However, on a local level, programsshould target offenses and offenders for servicesaccording to the unique needs of the particularcommunity. Some important points to

remember when defining the target populationof the teen court program include the following:O It must meet an identified need.

O It must be related to the program's purpose,goals, and objectives.

O It must be one to which services canrealistically be provided.

A further discussion of these guidelines revealshow their application can enhance the credibilityof teen court programs.

Examining Needs and ResourcesTeen court programs should be developed tomeet the needs of a youthful offender populationin a community for which an adequate responseor adequate services are not provided currently.This entails examining local needs andresources. As discussed in Chapter 2, input andinformation from key persons within thejuvenile justice system and the communityshould be solicited in order to beginunderstanding the local juvenile justice systemand to identify underserved populations ofyouthful offenders.

To identify underserved populations ofoffenders, program developers should meet withkey representatives from juvenile justiceagencies to ascertain the types of juvenileoffenders with whom they come in contact andthe areas in which they feel an alternativeresponse is needed. Agencies from which teencourt programs should solicit input includeO law enforcement;

O juvenile intake;

O prosecutor's office;

O juvenile probation; and

O juvenile court.

Also, representatives from these groups canidentify any state laws and agency policies andprocedures that affect the manner in which

58 70 Anzerican Probation and Parole Association


juvenile cases are processed within thejurisdiction. Figure 5-1 provides a list of samplequestions teen court program organizers can askjuvenile justice system representatives whentrying to determine an appropriate targetpopulation.

Figure 5-1: Sample Needs and Resources AssessmentQuestions

The following are sample questions thatcan be directed to juvenile justice systemrepresentatives when conducting a needsand resources assessment to determine thetarget population:O Currently, how are juvenile cases

processed through the system?

O What role do you and your agencyplay in this process?

O What are the main types of offensesthat you perceive are being committedby youth in this jurisdiction?

O For what types of offenses and juvenileoffenders do you feel there is aninadequate system response?

O Currently, what type of constraints areyou and your agency under thathamper your ability to serve thejuvenile offenders mentioned above(e.g., laws, policies, time, funds)?

0 To what types of programs andservices in the community do you andyour agency refer clients?

0 What do you feel the teen courtprogram can do to help you and youragency respond to the needs ofjuvenile offenders in this community?

In general, law enforcement officers andprofessionals designated with intakeresponsibilities in the juvenile justice systemhave broad discretion when it comes todetermining whether to process a case formallythrough the juvenile court system. According to

the National Center for Juvenile Justice (1991)other options available to them may include

O referring the offender to a community agencyfor services (e.g., counseling);

O referring the offender to a diversion program;or

0 warning and releasing the offender to a legalguardian.

There may be certain guidelines and constraintsplaced on these agencies (either by statute oragency policy) to guide their decision making.For example, in some jurisdictions, certain agesor classes of offenders (e.g., repeat offenders,offenders who have violated conditions ofprobation) may be prohibited from diversion. Incontrast, other jurisdictions may require all first-time offenders to be diverted unless the offensewas against a person or serious in nature(National Center for Juvenile Justice, 1991).Teen court program developers should be awareof local laws and policies in order to avoidselecting a target population from which itwould be difficult, if not impossible, to securereferrals in the local jurisdiction.

Teen court program developers shouldbe aware of local laws and policies inorder to avoid selecting a targetpopulatio from which it would bedifficult, if not impossible, to securereferrals in the local jurisdiction.

In addition to understanding the needs of and theservices available in the juvenile justice system,program developers should identify otherdiversion programs and communityorganizations that provide services to juveniles.Teen court programs are under considerable timeand budgetary constraints. Coordinating withother youth-serving organizations in thecommunity and searching for ways to use andcomplement each others' services will helpavoid unnecessary duplication of services andcompetition for limited resources. Once these


7 159


programs are identified, information should begathered on each program or agency about

O where the program is located in thecommunity;

O who it serves;

O how it receives referrals and clients; and

O what services it provides.

This information can be used to piece togetherthe options and services available in thecommunity for responding to the varying needsof youth and identifying the types of servicesthat may be lacking.

Relating Target Population to ProgramPurposeAll persons involved in the task of defining thetype of offender population to be served mustunderstand the purpose of the program and agreeon the program's established goals andobjectives (Carter, 1993). To remain focusedand achieve results in line with the program'sintent, a target population that supports thosegoals and objectives must be defined.

The needs of the proposed target populationshould be examined against the overall goals ofthe teen court program (e.g., accountability,competency development, and enhanced publicsafety). If compatible, additional goals andobjectives can be defined more specifically toreflect the needs of the target population.

For example, if a program decides that part of itspurpose should be to provide the communitywith an early intervention and preventionprogram for underage drinking and relatedoffenses, then its target population shouldinclude first-time youthful offenders chargedwith misdemeanor alcohol and drug offenses.More specific goals and objectives related to thistarget population could be outlined as follows:

Long-term goal: Decrease the number ofyouth in the communityengaging in alcohol andillegal drug use.

Short-term goal:

objective 1:

objective 2:

objective 3:

Intervene early, provideeducation to, andpromote awarenessamong youth of thedangers of substanceabuse.

During FY 1996, 95percent of all teen courtdefendants charged with analcohol/drug offense willattend a Mothers AgainstDrunk Driving (MADD)victim impact panel.

Eighty percent of all teencourt participants(defendants and volunteers)will successfully completea four-week substanceabuse awareness program.

A pretest and three-monthfollowup test (designed toassess change inknowledge and attitudeabout alcohol and drug useamong adolescents) will beadministered to allparticipants of thesubstance abuse awarenessprogram. Eighty percent ofparticipants will show apositive change inknowledge and attituderelative to alcohol and druguse.

...teen court programs cannot addressthe needs of an youthful offenders.

Determining If Services Can Be Provided tothe Target Population by the Teen CourtProgramThe defined target population for the teen courtprogram must be one for which the program canprovide services. After analyzing the needs of


72


the community, program developers may findthere are multiple types of juvenile offenderswho are in need of services. However, teencourt programs cannot address the needs of allyouthful offenders. The task then becomes tolook at the types of services the program willprovide and determine whether the teen courtprogram can meet the need(s) of the identifiedgroup(s) through its established goals andobjectives. Program organizers may want toconsult with juvenile justice, mental health, andyouth services professionals to gain anunderstanding of the strategies that are bestsuited for the identified types of offenders.

ESTABLISHING A REFERRALPROCESS

Once the target population has been defined, it iscrucial that a referral mechanism be designedthat is well thought out and streamlined toensure that appropriate referrals are received bythe teen court program. In designing a referralprocess, program developers should

determine from where referrals will comefrom;

establish the procedure to be followed byreferral agencies when making a referral; and

develop methods for promoting awarenessand understanding of the program by referralagencies.

Determining Potential Referral Source(s)Results from the APPA (1994) teen court surveyindicate that overall, teen court programs receivereferrals from a variety of sources, both fromwithin the juvenile justice system and from thecommunity at large. Referral agencies include

law enforcement;

juvenile probation;prosecutor's office;judges;schools;

diversion programs; andparents and legal guardians.

However, on a local level, teen court programsmust decide if they will accept direct referralsfrom multiple sources or if all referrals will befunneled through one referral source. Issues toconsider when making this decision include

how cases flow through the local juvenilejustice system and how well the variousjuvenile justice components work together;

the complexity of the criteria for screeningreferrals based on the target population; and

the impact the referral procedure may haveon evaluation efforts.

Analyzing the Local Juvenile Justice SystemInternally, the juvenile justice system consists ofvarious levels (i.e., complaint, detainment,intake, detention, adjudication). Depending onthe jurisdiction and the case, different avenuesof intervention may be taken with delinquentyouth, such as probation surveillance, diversionto community programs, or institutionalization.Figure 5-2 depicts the typical flow of juvenilecase processing. It should be noted that this is ageneral and simplified version of the system.Not all jurisdictions follow the same pattern;even similar cases are not handled in the samemanner (Crowe and Schaefer, 1992).

The disparity among states and localjurisdictions as to the structure of the system andhow cases are processed through the juvenilejustice system makes it imperative that teencourt programs analyze and understand wheretheir program fits within the local system anddesign a referral process and procedure that isappropriate to their structure.

Also, as discussed in Chapter 1, teen courtprograms vary as to where they are located inthe community. Some are located in juvenilejustice agencies, such as probation departmentsand law enforcement agencies, while some arelocated in community-based organizations, such



Figure 5-2: Juvenile Justice Case Processing

Transfer orWaiver to Adult

CriminalCourts

ResidentialFacilities

InstitutionsIntake

Pre-DispositionReport Social

HistoryAdjudication Aftercare

CommunityCorrectionsProbation

InformalAdjustment

Source: Crowe and Schaefer, 1992, p. 79

as private nonprofit agencies and schools. Theadministering agency of the teen court programcan have a direct impact on the referral process.For example, teen court programs operated bypolice departments or probation departmentsalready have an existing offender base fromwhich teen court referrals can be selected.Therefore, it is likely that they will havedifferent referral procedures than those operatedby community-based nonprofit organizations,which are dependent on outside sources forreferrals.

To adequately address the diverse needs of allyouthful offenders in the community there mustbe a coordinated effort by all juvenile justicesystem and community agencies, including theteen court program. Soliciting insight from thevarious juvenile justice agencies on how casesare processed through the local system can helpteen court programs develop an understanding ofthe needs and constraints under which theseagencies operate daily. It also will provideprogram organizers with information on howwell the various components of the system worktogether.

It is possible that turf battles will emerge, andprogram developers may receive conflictinginformation from the various sources. One wayto address and counter this problem is to bringrepresentatives from the various agenciestogether to (1) analyze the flow of casesprocessed through the juvenile justice system

from the point of detainment throughadjudication; and (2) discuss system needs.

The ultimate goals of the teen court programshould be to support and complement the needsof the current system and community. Throughshared communication, steps can be made toavoid placing the teen court program in aposition in which it is used as a tool tocircumvent the role, processes, or services ofother agencies.

Assessing the Complexity of ScreeningCriteriaAnother issue that should be considered whendesigning a referral process is the complexity ofthe screening criteria used to assess offendersprior to their referral to the teen court program.One precept of the juvenile court and probationmovement is that of individualized caseassessment and treatment. The belief behindthis concept is that the unique circumstances andsurroundings of each youth should be examinedon a case-by-case basis to ensure the appropriateintervention strategy is taken (Maloney, Romig,and Armstrong, 1988).

Program organizers should examine the definedtarget population for the teen court program anddetermine additional criteria upon which theoffenders in this population should be assessed.For example, suppose a program determines itwould be an appropriate early intervention



program for youth charged with first-time,misdemeanor alcohol or drug offenses, yetwould not be a suitable response for youth withserious substance abuse problems. To receiveappropriate referrals, criteria would need to beestablished and controls set in place that identifyyouth with serious substance abuse problemswho should be targeted for more intensiveservices, rather than being referred to the teencourt program. Professionals who assessjuveniles on a regular basis, such as probationofficers, intake workers, and mental healthpractitioners, can be helpful to programdevelopers when defining additional screeningcriteria.

Another key question to examine at this pointconcerns who (or what agency) should beresponsible for assessing juvenile offenders fortheir suitability for the teen court program.Depending on the complexity of the screeningcriteria, when determining the best course ofaction for an offender teen court programs mayfind it advantageous to have referrals screenedinitially by an agency that has trained staff andrisk/needs assessment tools designed to considermultiple factors. The jurisdiction's juvenileintake agency may be able to provide thisservice for teen court programs. Teen courtprogram developers should be aware of whoperforms the intake function in their localcommunity. Typically, it is performed by eitherthe probation department or the districtattorney's office. In smaller jurisdictions,probation officers may provide both intake andsupervision services, while in largerjurisdictions, a separate juvenile intake unit maybe established to perform all intake services(National Center for Juvenile Justice, 1991).

Teen court program staff have many tasks andduties competing for their time and energy.Although teen court staff will have to examinethe issues and circumstances of each case andmake a final determination concerning anoffender's appropriateness for teen court, muchtime can be saved if inappropriate referrals are

weeded out before they are sent to the teen courtprogram staff for an intake session.

Considering the Impact of the Process onEvaluation EffortsThe method in which cases are processed andtracked through the local juvenile justice systemcan affect the ease with which future programevaluation of recidivism of can be conducted.To be able to measure program outcomesaccurately, the system as a whole needs to beable to account for how the juvenile offenderswere referred, what services were provided, andwhat the case outcomes were. Programsreceiving direct referrals from multiple sourcesshould ensure that these cases will be tracked atthe system level and should know how this willbe accomplished. Jurisdictions in which there isno formal tracking mechanism set themselves upfor youth to be able to "play the system."

Establishing a Referral ProcedureAfter examining these issues and determiningthe source of referrals, a written policy needs tobe established that outlines

the organizations that will provide referrals;

the individual(s) responsible for screeningreferrals and the criteria to be used;

the process that referral sources are to followwhen making a referral; and

the rules for terminating (successfully orunsuccessfully) cases from the program.

Most teen court programs stipulate that theyhave final say over who will be accepted into theprogram (APPA, 1994). Therefore, a policy andprocedure also should be outlined for how teencourt staff should respond when inappropriatereferrals are made to the program. As stated inChapter 3 on legal issues, it also may bebeneficial to have a written interagencyagreement between the referring source(s) andteen court agency that outlines these conditions.



A referral form to be completed by referralsources and sent to teen court staff should bedeveloped. At a minimum, it should contain

name and contact information for thedefendant;

defendant's date of birth;

name and contact information for thedefendant's legal guardian;

offense;

prior offenses (if the program acceptsoffenders with priors);

name and contact information for victim(s);and

name and contact information for the personand agency making the referral.

Additional information the teen court programmay want referral agencies to provide includes

* documentation of admission of guilt by thedefendant (if required for participation in theprogram);

O copies of any statements, comments, orrequests submitted by victims; and

any additional information obtained duringthe screening process that could enhance theability of the teen court program to serve thedefendant.

Informing and Educating Referral SourcesFirst, referral sources must be made aware ofwhen the teen court program is ready to beginaccepting cases. Second, to be able to makeappropriate referrals, referral sources must havea thorough understanding of the teen courtprogram. Some representatives from the referralagency may have been involved in developingthe program and policies, yet there will be otherswho are not familiar with the program and itsprocesses.

Much of the program's success hingeson its ability to secure adequatereferrals (both in number and in type).

Much of the program's success hinges on itsability to secure adequate referrals (both innumber and in type). Because of the potentialfor high staff turnover and the ever-changingpriorities in the juvenile justice system, teencourts must be visible, accessible, and open toinput from agencies they rely on for assistance.Therefore, efforts to promote awareness andunderstanding of the program to referral sourcesshould be an ongoing priority for teen courtstaff.

Initially, formal presentations should be made toreferral agencies and should provide informationon

the program's purpose, goals, and objectives;

the offender target population;

the services that will be provided by theprogram; and

the referral procedure.

Ongoing promotion of the program isnecessary to communicate changesthat take place within referral agenciesand periodic changes that take place inthe teen court program.

Referral sources who understand these elementsof the program will be equipped to screenreferrals more accurately and will be able toprovide youth and their guardians with pertinentinformation to assist them in determining if theteen court is an option they want to pursue.Brochures and fact sheets on the teen courtprogram should be provided to all referralsources, who can then give the documents todefendants and their families. Less time will

64 ,r4 American Probation and Parole Association0


have to be spent explaining the program duringthe intake session if defendants and their legalguardians are furnished with detailedinformation at the time of referral.

Ongoing promotion of the program is necessaryto communicate changes that take place withinreferral agencies and periodic changes that takeplace in the teen court program. Strategies forpromoting ongoing communication and supportinclude

O making periodic telephone calls;

O conducting luncheon meetings;

O writing newsletter articles;

O being placed on agendas of referral agency'sstaff meetings;

O acknowledging agency participation andsupport at annual recognition dinners andreceptions; and

0 issuing invitations for referral sources toattend a teen court session.

Whatever method or strategy is used, opencommunication between the teen court program

and referral agencies should be encouraged. Allagencies should feel comfortable with sharinginformation about any concerns they have or anyobstacles that may have been encountered withreceiving referrals. Through coordinatedcommunication and collaboration, roleconfusion can be eliminated, and the system canserve youth offenders and their families moreeffectively.

CONCLUSION

Nationally, teen court programs target a widerange of offenders. On a local level, teen courtsshould focus efforts on the population identifiedas being in the most need of its services. Thischapter provided strategies to help programorganizers analyze issues relevant to selecting anappropriate offender target population and todeveloping a referral procedure that will providethe correct types of referrals. By making theextra effort initially, programs can avoid beingused as a dumping ground for inappropriatecases and can be in a better position to designand adapt needed services for the selected targetpopulation.

American Probation and Parole Association 7 2 65


CHECKLIST FOR TARGET POPULATION AND REFERRAL PROCESS


Di Defined the offender target population of the teen court program?

Solicited input from stakeholders who can help identify underserved populations ofyouthful offenders in the community?Determined if there are there any guidelines or constraints (either by statute or agencypolicy) placed on potential referral agencies that would prevent them from referringcertain offenders or types of offenses to the program?

El Determined whether the program accepts first-time offenders only, or whether it also willaccept youth with prior offenses? (Are there stipulations on the types of prior offensesthat the offender can have?)Determined whether the program will accept misdemeanor, felony, and/or status cases?

Di Determined if the program will specify what types of offenses it will accept (e.g.,shoplifting, underage drinking) or if it will accept all offenses within a broad category,such as nonviolent misdemeanors?Determined whether the program will accept violent offenders?

10 Decided the age range of youthful offenders that the program will accept?Di Defined an offender target population that meets an identified need in the community?El Defined an offender target population to whom services can realistically be provided?Di Defined an offender target population that is related to the program's established purpose,

goals, and objectives?

ID Established a referral procedure?

01 Mapped the flow of cases through the local juvenile justice system and determined howwell the various juvenile justice agencies work together?

10 Identified potential referral sources?Established criteria upon which referrals will be screened for participation in the teencourt program?

U Determined whether the program will accept referrals from multiple agencies, or if allreferrals will be funneled through one referral source?

O Determined how the referral procedure can impact future efforts at evaluation (i.e.,recidivism)?Developed a written policy that states from where referrals will be received, who will beresponsible for screening referrals, upon what criteria referrals will be screened, and howreferral sources are to make the referral?Determined what information is needed from the referral source and developed a teencourt referral form?



[Di Provided information to and educated referral sources on the referral process?

La Notified referral source(s) of the teen court program's existence and readiness to receivereferrals?

LI Educated all individuals who will be referring youth to the program on the purpose of theprogram, the appropriate offender target population, and the proper referral method?Established a mechanism for maintaining communication and soliciting input fromreferral sources?



CHAPTER 6

DESIGNING PROGRAM SERVICES


80


INTRODUCTION

Services provided by teen court programs affecta broad segment of the community, particularlyyouth. To develop effective services, organizersshould examine the needs of the youth beingserved in conjunction with the program's goalsand objectives. Programs seeking to adopt abalanced and restorative justice model alsoshould consider the needs of victims and thecommunity and develop services that attend totheir needs and interests as well.

The nature of teen court programsallows for considerable flexibility andcreativity in determining the types ofservices and sentencing options thatcan be offered.

The nature of teen court programs allows forconsiderable flexibility and creativity indetermining the types of services and sentencingoptions that can be offered. The objective is toinstitute services that offer maximum benefits to'meet the needs of offenders, victims, and thecommunity, while still adhering to theestablished goals of the program. Throughoutthis process, attention should be paid to how theteen court can provide the identified services(i.e., in-house or through referral to communityagency).

At the conclusion of this chapter, readers willhave information needed to

examine the needs of youth, victims, and thecommunity;

discuss the types of sentencing options andservices currently being used by teen courtprograms;

develop and implement sentencing optionsand additional program services that addressthe needs of youth (offenders and volunteers),victims, and the community for their localteen court program; and

form relationships and develop interagencyagreements with service providers.

EXAMINING NEEDS OF YVICTIMS, AND THECOMMUNITY

UTH,

To develop effective and comprehensiveprogram services, teen court program organizersshould keep the goals and objectives and targetpopulation of the program in mind whileexamining

the needs of youth participating in theprogram (i.e., offenders and volunteers);

the needs of victims; and

the needs of the community.

The following section will briefly outline someof these needs. However, it should be noted thatwhile each of these groups has common needsirrespective of the community in which itresides, program developers also should payattention to issues and needs of these entitiesthat are unique to the local environment.

Youth NeedsTeen courts not only provide a means forintervening early in the lives of youthfuloffenders once a crime has been committed, theyalso serve as a prevention program for the manycommunity youth who volunteer. The ability ofteen courts to influence such a broad segment ofthe youth population makes it important thatprogram developers and organizers understandand attempt to address factors commonlyassociated with juvenile delinquency.

According to the risk-focused delinquencyprevention approach (Hawkins and Catalano,1992, as cited by the Office of Juvenile Justiceand Delinquency Prevention [OJJDP], 1993), toprevent a problem from occurring, factorscontributing to the development of the problem


81


should be identified and ways to address andimprove those factors should be developed. Inits Comprehensive Strategy for Serious, Violent,and Chronic Juvenile Offenders, OJJDP (1993)points to research that documents the five riskfactors listed in Figure 6-1 as contributors tojuvenile delinquency. The ()EDP report statesthat to counter these risk factors, programsshould strive to develop services that help

O enhance individual characteristics;

O increase bonds with prosocial familymembers, teachers, and friends; and

O promote healthy beliefs and clear standardsof behavior.

Figure 6-1: Risk Factors For Juvenile Delinquency

liUsk Factors

O Individual characteristics (e.g.,alienation, rebelliousness, lack ofbonding to society);

O Family influences (e.g., parentalconflict, child abuse, family history ofproblem behaviors such as substanceabuse, criminality);

O School experiences (e.g., earlyacademic failure, lack of commitmentto school);

O Peer group influences (e.g., friendswho engage in problem behavior suchas minor cirminality, gangs, violence);and

O Neighborhood and communityfactors (e.g., economic deprivation,high rates of substance abuse and crime,low neighborhood attachment).

Source: OJJDP, 1993

While individual characteristics (e.g., difficulttemperament and negative social orientation)may be difficult to change, increasing prosocial

bonds and promoting standards of behavior maybe easier for programs to effect. In essence,youth need to be presented with opportunities tomake meaningful contributions to their families,schools, peer groups, and communities (OJJDP,1993).

116.

In essence, youth need to be presentedwith opportunities to make meaningfulcontributions to their families, schools,peer groups, and communities (GUIDP,1993).

Also, when designing program services foryoung people, the services need to be relevant toboth the current interests and future needs ofyouth. Program developers should recognizethat the interests and needs of youth are affectedby many individual and group factors and canchange over time (Carnegie Council onAdolescent Development, 1992). Therefore,input from youth on services to be offeredshould be requested during the developmentalstage, as well as periodically throughout the lifeof the teen court program.

In addition to addressing the serious concerns ofyouth, programs also should respond to theirdesire for fun and friends. Programs canaccomplish this by providing opportunities foryouth to socialize, hang out, and choose from anassortment of interesting and challengingactivities (Carnegie Council on AdolescentDevelopment, 1992).

Traditionally, crime victims have beenpoorly treated within the very systemthat should provide them with support,information, and assistance.

Victim NeedsTraditionally, crime victims have been poorlytreated within the very system that shouldprovide them with support, information, andassistance. However, over the last decade, therehas been a growing awareness of the needs andconcerns of victims. While slow progress is



being made in the adult system, there is stillmuch room for improvement in the juvenilejustice system. Understanding the needs andwants of crime victims and becoming aware ofthe services provided to victims within otherjuvenile justice agencies (i.e., law enforcement,prosecutors, probation, juvenile court) will helpteen court programs determine the types ofservices they can and should offer.

Research suggests that the responses of victimsof juvenile offenders to victimization and thecriminal justice process often mirror those ofvictims of adult offenders, includingpsychological distress, financial loss, anddissatisfaction with participation in the justicesystem. These problems often are intensified byfactors such as the perceived and real lack offinancial resources of juvenile offenders;societal frustrations with parental excuses forchildren's deviant behavior; the psychologicalreaction of victims resulting from the fact that itwas a child that hurt them; and the reality that inmany cases, the child who victimized them wassomeone with whom they are acquainted orclose (American Correctional Association[ACA] Victims Committee, 1994).

The challenge to those working in the field ofjuvenile justice is to develop programs andimplement strategies that are offender-directed,yet victim-centered. Primarily, crime victimswant and need input, notification, andinformation. Erez and Tontodonato (1992) notethat meaningful victim involvement in thejustice process will help victims to

O regain a sense of control over their lives;

O restore the losses they sustained; and

O reduce the feelings of alienation and increasetheir satisfaction with the justice process.

For the juvenile justice system to be trulyresponsive, implementing effective victimservices requires a coordinated and collaborativeeffort among all juvenile justice system players.Such an effort will help ensure continuity of

services and ultimately should help to increasevictim satisfaction.

Community NeedsCommunities are made up of a multitude ofindividuals and entities. There is a high desireby those who live and work in communities tobe safe and secure within that setting. TheNational Crime Prevention Council (1986) notesthe following:

O Parents want safe environments in which toraise families.

O Businesses want to keep the area around theirstores and offices safe and secure socustomers will not be driven away.

O Schools are concerned about thedevelopment of minds, parental involvementin education, and the safety of the schools.

O Religious leaders, churches, and synagoguesare concerned for the lives of theircongregation members.

Wilson and Howell (1993) suggest that fordelinquency prevention strategies to besuccessful, they should be positive in orientationand comprehensive in scope. This approachrequires a coordinated and collaborative effortamong all sectors of the community. Teen courtprograms offer individuals and agencies anopportunity to be involved directly in the questto prevent crime in their communities.

Also, as a residual benefit, it is hopedthat as youth participate in the teencourt program, they will begin to feelthey have a personal stake in the futureof their communities.

In addition to offering communities a chance toaddress the problem of crime locally throughdirect involvement, teen court programs fulfillother community needs as well. For example,numerous private nonprofit agencies in thecommunity benefit from the many hours ofunpaid labor (community service) performed by

Americhn Probation and Parole Association 73

C'hapter 6 Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

juvenile offenders. Also, as a residual benefit, itis hoped that as youth participate in the teencourt program, they will begin to feel they havea personal stake in the future of theircommunities. Through this personal investment,youth may see the value of living and behavingas responsible and productive citizens and, thus,enhance public safety.

DEVELOPI[NG PROGRAMSERVIICES

Once the needs of youth, victims, and thecommunity have been examined, programdevelopers should begin to determine the typesof services the program will provide. First andforemost, it will be necessary for programs toconsider the sentencing options that can beimposed on defendants. These options shouldbe formed within the context of the targetpopulation being served. Programs also shouldconsider additional services that may beprovided to victims and the community, as wellas services that will be of interest and benefit toyouth who volunteer with the program.

Throughout this process, teen court programorganizers should refer to the community needsand resources assessment (as discussed inChapter 2) to determine services alreadyavailable in the community and, thus, avoidduplicating and overlapping services. Also, ifpossible, teen court programs should seek toform interagency agreements with agencies thatprovide services that are beneficial for teen courtparticipants. A further discussion of interagencyagreements can be found later in this chapter.

Designing Sentencing OptionsSome teen court programs establish sentencingoptions with specific guidelines for jurors tofollow when determining a constructivesentence. Other teen court programs suggestsentences, yet give jurors considerable flexibilityin determining a constructive sentence. Figure6-2 depicts some of the most common

sentencing options used by teen court programs.This section will examine these options brieflyand discuss their application within the teencourt setting.

Figure 6-2: Common Teen Court Sentencing Options

Common Teen Court Sentencing Options

O Community service hoursO Oral or written apologies to

victimsO Jury dutyO EssaysO Education workshops

Source: APPA, 1994

Community ServiceThe use of service and various forms of unpaidlabor as a sanction in the American juvenile andcriminal justice system can be accounted for asfar back as the early 20th century. Historically,community service has revolved aroundpunitive, menial assignments, while littleattention has been paid to the advantages thatcommunity service can provide by influencingoffenders' attitudes and providing public benefits(Maloney and Bazemore, 1994). To beginreaping these potential benefits, Maloney andBazemore suggest that the following principlesbe applied when designing community serviceprojects:

O The community service assignment should beseen as worthwhile work.

O Youth should be seen as resources necessaryfor the successful completion of the task.

O Attention should be paid to assigning youthto projects that will help them gaintransferable competencies that can be usedand applied beyond the community serviceexperience.

O Whenever possible, projects should bedesigned that provide youth with a sense ofaccomplishment, and closure, and an


8 4


opportunity for community recognition.

0 Programs should seek to design communityservice projects that focus on helping thedisadvantaged.

By applying these principles, teen courtprograms can help youthful offenders increasetheir self-image, develop needed life skills, andmake a meaningful contribution to theircommunity, while still holding them accountablefor their actions.

The Colonie Youth Court Program of the YouthCourts of the Capital District, Inc., in Latham,New York, developed a community serviceprogram that attempts to incorporate theseprinciples. According to Program Director ScottPeterson, as part of their community serviceprogram, when possible, youth are assigned tocommunity service projects in groups or teamssupervised by teen court staff or adultvolunteers. Efforts are made to design theproject around specific community needs (e.g.,beautification of an area park). In addition tooverseeing the mere performance of the task, theadult supervisor also explains to the youth thepurpose of the community service assignmentand the benefit that it will have for thecommunity. Although this approach is time andlabor intensive for staff to manage, it can helpprovide a more meaningful experience for youthinvolved. The team approach also helps youthlearn to work together cooperatively toward thesuccessful completion of a task.

Program organizers initially have to make adetermination concerning whether jurors will beallowed flexibility when assigning communityservice hours or whether they will be asked toassign hours based on a predetermined grid.Overall, teen court programs vary according tothe number of community service hours that canbe imposed on an offender. The number ofhours reported by American Probation andParole Association (APPA, 1994) teen court

survey respondents ranged anywhere from 1 to200. In addition, some programs set limits onthe number of hours that can be orderedaccording to the type of offense committed (seeTable 6-1 for a sample sentencing grid), whileothers allow the jury members more discretionand flexibility when setting hours.

When deciding whether to establish communityservice limits or whether to allow for moreflexibility on the part of jury panels, programorganizers and staff may want to consider thefollowing questions:

O Are juries relatively consistent in the numberof hours assigned to offenders with similaroffenses and circumstances? If not, what arethe possible reasons for the disparity?

O Are sentences having to be modified by teencourt staff because youth are not able tocomplete the assigned hours within theestablished time frame? Do jurorsunderstand the time frame in which sentencesmust be completed? Are they asked to keepfactors such as the time frame of sentencecompletion, school and extracurricularactivities, and jobs of youth in mind whendetermining the sentence?

O If limits on the number of hours that can beimposed are set, are jurors expressingconcern or frustration over the establishedlimits? What is the basis for their concern orfrustration?

These same questions can be examined as theprogram progresses to determine if adjustmentsin the sentencing policy are necessary.

Jury DutyIn addition to community service, most teencourt programs require defendants to serve atleast once on a jury panel as part of theirsentence. There are reports of programs inwhich defendants have been ordered to serve asmany as 12 times as a juror (APPA, 1994). The


85


Table 6-1: Sample Teen Court Sentencing Grid

CLASS 1

Includes but not limited to Defective lightsNo helmetNo seat beltEquipment violationsAntinoise violationsFollowing too closely(City Ordinance)

COMMUNITYSERVICE:8-16 hours

JURY DUTY:1 term

CLASS 2

Includes but not limited to Wrong side of streetImpeding trafficRed light/stop sign violationNo turn signal/improper turnUnsafe lane changeSpeeding 1-15 MPH over limitDisobeying traffic control deviceOne-way streetRacing-exhibition acceleration


JURY DUTY:2 terms

CLASS 3

Includes but not limited to Driver's license/restrictionsSpeeding 16-24 MPH over limitSpeeding School zone, 1-15

MPH over limitInsurance-no accidentLittering


JURY DUTY:3 terms

CLASS 4

Includes but not limited to Racing-contest for speedSpeeding 25+ MPH over limitSpeeding- School zone, 16+

MPH over limitPassing school busInsurance-accidentAccident violationsAll nontraffic violations


JURY DUTY:4 terms

Source: Fort Worth Teen Court Program, nd.

philosophy behind this requirement, accordingto King (1990) is that jury duty helps

restore self-esteem in former defendants;

0 reinforce the concept of accountability to thecommunity by placing offenders in a

situation in which they must assess theunlawful actions of one of their peers;

0 return offenders psychologically to the rightside of the law; and

76

8 6American Probation and Parole Association


0 increase the chance that the jury pool of theteen court program will be composed of across section of the juvenile population of thecommunity.

It also is hoped that defendants' experience asjurors will entice them to return to the teen courtprogram as volunteers, because it is throughsustained involvement in the program that thegreatest benefits are likely to be realized.

It also is hoped that defendants'experience as jurors will entice them toreturn to the teen ccurt program asvolunteers, because it is throughsustained involvement in the programthat the greatest benefits are likely tobe realized.

Figure 6-3: Youth Perspective on Jury Duty Requirement

However, the diversity among youth involved injury deliberations often creates situations inwhich youth are confronted with persons withdiffering viewpoints and background. Thesedifferences can cause conflict during thedeliberations, and if not prepared adequately,youth may feel frustrated and defeated by theexperience. (See Figure 6-3.) Therefore,programs should strive to implement services(e.g., volunteer training sessions, educationalworkshops) that teach youth how to react andrespond appropriately to differing viewpointsand potentially volatile situations. Programsthat arm youth who participate on juries withappropriate skills can help increase the power ofpeer influence in this setting; and hopefully,youth who participate in the jury process canapply what they learn when confronted with

In April 1995, APPA's Teen Courts Project Manager visited Buncombe County Teen CourtProgram in Asheville, North Carolina, and the Cumberland County Teen Court Program inFayetteville, North Carolina. During the visit, a group of youth teen court participants(volunteers and past defendants) were asked for input on a variety of issues related to teencourt. Interestingly, both groups had similar concerns when jury duty and jury deliberationswere discussed. There was a consensus among the participants of these programs thatdefendants should not be required to serve jury duty as a portion of their teen court sentence.(The majority of teen court programs do require defendants to serve at least once on a jurypanel.) Their reasoning was that many times the defendants did not want to be there, which hadthe potential of creating conflict and chaos during deliberations. Several of the participants saidthey did not always know how to react and respond when this conflict arose, and some of thosewho volunteered in other capacities with the teen court (attorneys, clerks, bailiffs) said theytried to avoid jury duty whenever possible because of this problem.

When asked for suggestions on how the problem could be addressed by teen court programs,their responses included the following:

0 Don't require defendants to serve on jury duty. For those who choose not to serve onjury duty, additional community service hours or some other appropriate sanctioncould be assigned.

0 Have an adult monitor in the jury room. The presence of an adult could help reducethe level of chaos and may help jurors take their roles more seriously.

0 Before the hearings, have new jurors go through an orientation session that explainsthe responsibilities of being a juror.

American Probation and Parole Association8 7 77


other difficult choices and situations in theirpersonal lives.

Educational WorkshopsEducational workshops on a variety of subjectsare offered as sentencing options for many teencourt programs. These workshops are designedto promote awareness in youth of various topics(e.g., substance abuse) and increase life skills(e.g., conflict resolution, problem solving).Topics of workshops conducted by teen courtprograms (APPA, 1994) include

4> substance abuse awareness;

traffic survival and safety;

peer pressure;

4> conflict resolution;

anger management; and

shoplifting prevention.

Whenever possible, teen court programs shouldcontract with other agencies in the communitythat provide these types of workshops andservices. However, if services are not availableelsewhere, then teen court staff should developthe programs in-house. Staff and volunteerfacilitators can be used to conduct these types ofworkshops.

Oral or Written Apologies to VictimsApproximately 70 percent of those respondingto the APPA (1994) teen court survey indicatedthat an apology to victims (oral or written) isincluded among the sentencing options availableto teen jurors in their programs. A victim maynot desire contact from the offender, even in theform of an apology. Therefore, before anoffender contacts a victim, teen court staffshould discuss this sentencing option with thevictim. The victim also should be informed ofthe procedure that will be followed if an apologyis ordered.

Programs should establish procedures for howoral and written apologies will be made by

considering the following questions:

Who is responsible for contacting victims tomake arrangements for oral apologies?

Will an adult (e.g., teen court staff, parent) berequired to accompany the defendant makingthe oral apology?

If not accompanied by teen court staff, howwill the fulfillment of the oral apology beverified?

Will written apologies be collected andscreened by teen court staff prior to beingsent to victims?

When determining these policies andprocedures, program organizers and staff shouldmake every effort to focus on protecting victimsfrom potential harassment and furthervictimization by the offender.

EssaysEssays are another popular sentencing optionused by teen courts. Generally, essays vary inlength (e.g., 100-1,000 words) and are assignedto defendants, by the teen jury, on a topic relatedto their offense. According to APPA (1994),topics could include

how shoplifting affects the community;

the harmful effects of alcohol and drug useby adolescents;

the dangers of drinking and driving; and

how to avoid negative peer pressure.

Determining Additional Sentencing Optionsand ServicesIn addition to the traditional sentencing optionsdescribed above, many teen court programs haveimplemented other types of sentencing optionsand additional services for youth participants inthe program (defendants, volunteers).Additional sentencing options identified throughthe APPA (1994) teen court survey appears inFigure 6-4. Programs are encouraged to be



creative when considering the types of servicesthat can be provided. This section highlightssome of the ways in which teen court programsare (1) attempting to increase peer interactionwithin their programs and (2) trying to elevateawareness among participants of the effect crimehas on victims and the community.

Figure 6-4: Additional Teen Court Sentencing Options

Additional Sentencing Options

Counseling

Curfews

Limited home restrictionsChores at home

Apology to parentsJail tours

Attendence at an adult criminalproceeding (e.g., arraignment, trial)Presentation to a small group

Source: APPA, 1994

Peer Discussion GroupsAn informal discussion group for teens, calledPeer Circle, was designed by the Sarasota TeenCourt Program in Sarasota, Florida. This groupmeets for one hour prior to the hearings on theevening in which teen court is held. All teencourt defendants are required to attend andparticipate in two sessions to complete their teencourt obligation; however, teens may attend thegroup as often as they like. Topics of thediscussions are decided by the youth and haveincluded racial tensions, divorced families, andparent/child relationships. Although discussionis driven by the teens, an adult facilitator ispresent to aid the process, if necessary (SarasotaCounty Teen Court Program, nd).

According to Kathleen Self, Sarasota Teen CourtProgram Coordinator, in addition to offering aforum for youth to seek guidance and input fromtheir peers on issues of importance and concernto them, the Peer Circle has been an invaluable

tool for preparing defendants and youthvolunteers for their roles as jurors. Alldefendants are required to attend the Peer Circlebefore serving jury duty. These groups are heldprior to the teen court hearings; therefore, itgives the youth an opportunity to interact andpractice listening, assertiveness, and problem-solving skills before they participate on a jury.This approach has helped reduce problembehavior and conflicts that sometimes occurduring jury deliberations.

TutoringOne factor identified in research as influencingdelinquency is poor school performance (OJJDP,1993). Drug use also has been correlated withschool failure (Johnston, O'Malley, andBachman, 1994). To address this issue, someteen courts have incorporated tutoring as asentencing option for defendants and as aservice for teen court participants. Programseither have accessed local school resources forthis service (e.g., after-school tutoring programs)or attempted to incorporate this service in-house,through the use of adult or youth volunteers.

Special EventsYouth involved in teen court programs in NorthCarolina indicated during a meeting with APPAproject staff that they would be interested inattending special events (outside of teen courthearings and training sessions) sponsored by theteen court program. They stated that manytimes they do not interact socially with otheryouth participating in the teen court programbecause they may attend different schools or arenot part of the same social network. There oftenis too much activity on the days and eveningsteen court is held, so the youth do not alwayshave an opportunity to get to know each othervery well.

The LaPorte Teen Court Program in Indianaencourages informal interaction and associationamong all of its participants. The programsponsors various special events aimed atbuilding informal relationships among the youth


9


and providing youth who may not have positivesocial outlets a safe environment and a group towhich they can belong. Examples of specialevents teen court programs can sponsor include

.pizza parties;

volunteer recognition picnics;

short trips (e.g., amusement parks);

midnight bowling; and

formation of a team for a local sportingleague (e.g., softball).

Peer MediationMediation can assist youth in developingalternative solutions to problems whileincreasing communication skills to help themavoid future conflicts. Some teen courts, such asthe Cumberland County Teen Court inFayetteville, North Carolina, and the AnchorageYouth Court in Alaska, have developed peermediation programs in conjunction with the teencourt. In some programs, mediation may beordered when the jury determines (with victimconsent) that it may be a more appropriatemeans of reaching a sentence. Other programshave implemented it as a service sometimesoffered in lieu of a teen court hearing.

For example, the Anchorage Youth CourtMediation Program offers students anopportunity to resolve their disputes throughmediation. Youth court members are trained byadult mediators to perform the role of mediatorsin workshops covering basics of collaborativenegotiation, methods, and ethics. Youthmediators also participate in regularly scheduledbiweekly training sessions under the guidance ofvolunteer adult mediators. Once trained,mediation sessions are handled by two studentmediators working as a team under thesupervision of an adult mediator (AnchorageYouth Court, nd).

Victim ServicesAs stated previously, victims should be given amore active role in the juvenile justice process.Meaningful involvement can help restore lossessustained by victims and increase theirsatisfaction with the justice process (Erez andTontodonato, 1992).

As mentioned in Chapter 4, holding youthaccountable requires that they develop anunderstanding of how their behavior impactsothers (i.e., victims, family, community);therefore, teen court programs should implementservices that raise offenders' awareness of theimpact of crime on victims. In addition toservices related to offender awareness, there areadditional services that can be incorporatedwithin teen court programs that serve victimsdirectly. These services include

input;

restitution;

notification; and

information and referral services.

Victim AwarenessVictim impact panels can be used to helpeducate offenders about the experience ofcriminal victimization by having several victimstestify as to how their lives were affected by thecrimes committed against them (Sinclair, 1994).For victims who choose to do so, it offers anavenue for meaningful participation in thecriminal justice system. It also can have apowerful impact on the offenders who attend.Figure 6-5 outlines some of the values thesepanels can have for offenders and victims.While these values are specific to drunk drivingcases, they can be generalized to other types ofoffenses as well.

Rather than take responsibility for organizingthese panels, several teen court programs have

80 90American Probation and Parole Association


been able to locate and utilize other agencieswithin their communities that offer this service(e.g., local sheriff's office, local chapters ofMothers Against Drunk Driving).

Figure 6-5: Value Associated with Victim ImpactPanels

Value For Attending Offenders

If the victim's stories are told in personfrom the heart, in neither a blaming noraccusatory way, it can

O allow offenders, perhaps for the firsttime, to consider the pain and sufferingdrunk driving can cause to otherpeople;

O help offenders move beyond being"stuck" in focusing on their own "badluck";

0 serve as a first step in breaking downdenial of alcoholics or those addictedto other drugs;

0 imprint images of real people inoffenders' minds, which may replaywhen drinking and driving is again anoption; and

O change behavior and save lives.

Value For Panel Members

By serving on a victim impact panel,victims:

O find that the telling of their storylightens their personal pain, whichpromotes their own healing process;

0 experience something positive from apreviously devastating event; and

0 believe that through telling their storiesthey may be preventing some otherfamily from having to suffer a similarvictimization.

Source: Lord, 1990, pp. 9-10.

Taking this idea on a slightly different tangent,the Sarasota Teen Court Program in Florida isseeking funding from their local Junior Leagueto develop and organize peer impact panels.They plan to use these panels to handle specificcharges, such as driving-under-the-influencecases, from traffic court. Youth who have lostfamily members to drunk driving or have familymembers with serious drinking problems will beasked to testify on the peer impact panel. TheSarasota program hopes that hearing the effectsof these crimes from youth who have beenaffected, as opposed to listening mostly to adultvictims, will have more of an impact on youthdefendants (Sarasota Teen Court Program, nd).

Another way to educate youth on the effectcrime has on others is by conducting victimimpact classes. These classes provideinformation to youth on the financial, emotional,and physical consequences of crime and oftenhave victims who volunteer to serve asfacilitators for the classes. The California YouthAuthority developed a model curriculum entitledImpact of Crime on Victims, that is available foruse and can be adapted by programs desiring toimplement this type of class.'

Victim InputA goal often cited by teen court programs is tohold offenders accountable. As discussedpreviously, this goal requires that restitution forcrime-related losses be made to communitiesand victims (Bazemore and Umbreit, 1994). Tofacilitate this process, victims should beafforded the opportunity to provide informationon the impact that the crime had on their lives.Information solicited for this purpose can be putin the offender's file and used during thesentencing process. A victim impact statement

'For more information about the Impact of Crime onVictims curriculum contact the Office of Prevention andVictim Services, Department of Youth Authority, 4241Williamsborough Dr., Suite 214, Sacramento, California95823; (916) 262-1392.



(VIS) is one method of eliciting victim input.These statements can be provided in oral,written, audio, or video form. A VIS may havebeen completed prior to the teen court stage(e.g., at the time the complaint was made). If so,then the VIS should be supplied to and reviewedby teen court staff, and the victim should havethe opportunity to update the information. Asample Victim Impact and Restitution Statementused by the Manatee Teen Court Program inBradenton, Florida, appears in Appendix D.

In Sunbury, Pennsylvania, all victims of juvenilecrime have the opportunity to submit a VIS.When offenders are referred to theNorthumberland County Teen Court Program,teen court staff receive a copy of the VIS, andthe peer jury has access to the information foruse in sentencing.

When contact with victims is initiated, programcoordinators should be prepared to allow victimsto talk, ventilate, and express their feelings. Insome instances, it could be the first time a victimis contacted after the crime. Therefore, thosecommunicating with victims should beknowledgeable and trained to react and respondappropriately to the vast range of emotions theymay encounter. Whether contact occurs over thephone or face-to-face, coordinators should listencarefully, ask open-ended questions, and allowroom for clarification (Seymour, 1994). Figure6-6 provides examples of some basic victimvalidation skills that can be used when speakingwith victims.

Restit tion plays a key role in thevictims' right to be made whole byproviding an avenue for reimbursingvictims for their losses.

Victim RestitutionRestitution plays a key role in the victims' rightto be made whole by providing an avenue forreimbursing victims for their losses. In addition,it is vital as a means of ensuring accountability

from the juvenile offender (ACA VictimsCommittee, 1994). Approximately 53 percentof teen court programs responding to the APPA(1994) teen court survey allow monetaryrestitution to be ordered as part of the jury'ssentence. To hold offenders accountable andprovide victims with this needed service, theremust be strict accountability on the part of theoffender to pay and the agency to effectivelyand efficiently collect and disburse payments.There also should be a mechanism for handlingdefendants who become delinquent in payments.

Figure 6-6: Basic Victim Validation Skills

asic Victim Validation Skills

O Tell the victim to whom they arespeaking.

0 Address the victim by name. (How thevictim would like to be addressedshould be clarified early in theconversation.)

0 Say, "I am sorry."O Say, "It is not your fault."

O Let the victim know that their input isvalued and important.

Source: Seymour, 1994

In Compilation of Policy and ProcedureProvisions from Juvenile Restitution Programs,Munsterman and Henderson (1987) discuss thefollowing issues that should be considered whenmanaging restitution payments:0 Procedures for payment. A procedure

should be outlined concerning how paymentswill be made by the youth. This procedureshould specify what types of payment will beaccepted (e.g., cash, check, money order), towhom the payment is to be submitted (e.g.,teen court coordinator, clerk's office,probation officer), and when and how oftenpayments are to be made (e.g., on the firstday of each month). A contract outlining



these responsibilities should be developedthat is signed by the defendant and their legalguardian.

O Monitoring of payment plan. On amonthly basis, teen court staff shouldmonitor payments made by comparing theamounts of monies due to the amounts ofmonies paid to victims for each case in whichrestitution was ordered.

O Disbursement of restitution to victims. Animportant issue to consider when makingthese guidelines is at what intervals paymentswill be made to victims (e.g., monthly, paidin full). These guidelines need to becommunicated to defendants and to victimsso they will know what to expect from theprogram. Programs relying on outsideagencies (e.g., clerk's office, probationoffice) to collect and disburse paymentsshould coordinate with these agencies whenestablishing these guidelines.

O Priority of payments. Programs will needto establish policies for how cases will behandled when there are codefendants owingrestitution to the same victim and when adefendant owes restitution to multiplevictims (e.g., who will receive payment first).

O Noncompliance with restitution order:Programs should establish a policy that stateshow many days a defendant can bedelinquent in payment before further actionwill be taken. The policy also shouldstipulate all actions to be taken when thattime has elapsed (e.g., warning letter todefendant, status letter to victim, personalmeeting with defendant and guardian todiscuss reasons for failure to comply). Itshould state further what the finalconsequence is for nonpayment (e.g.,unsuccessful termination from the program).

Victim Notification

Notification refers to providing information tovictims concerning their offenders' status.Especially in cases in which input was acquired

from victims for the purposes of sentencing,victims should be informed of the outcome ofthe hearing. In cases where restitution isordered, victims should be notified of theamount of restitution awarded and kept informedof the status of the defendant's compliance tothat order. Programs should seek the advice oflegal counsel concerning confidentiality issueswhen designing notification procedures.

Information and Referral ServicesOften victims do not understand how thejuvenile justice system works. Teen court staffcan help remedy this situation by providingvictims with information on the system ingeneral, the teen court program in particular,how the process should work from this stage on,and whom they can contact for additionalinformation.

Victims experience a wide range of needs in theaftermath of a crime, both short- and long-term.There are approximately 10,000 victim serviceorganizations that provide assistance andsupport to victims of both adult and juvenileoffenders (ACA Victims Committee, 1994). Atthe community level, it is extremely beneficialto have a roster or manual that comprehensivelydescribes the available and applicable resourcesthat exist for victims of crime. This type ofinformation can be uncovered during the needsand resources assessment and can later besupplied to victims (as well as teen courtparticipants) in need of services.

FORMING INTERAGENCYAGREEMENTS

Often, because of time and budgetary constraintsand limitations of staff expertise, teen courtprograms must look to other organizations in the

'Materials excerpted and adapted from Fulton, Stone &Gendreau (1994) Restructuring Intensive SupervisionPrograms: Applying What Works, pp. V1-16 through VI-23, Lexington, KY: APPA.



community to assist in the provision of services.Networking, collaborating, and brokering withoutside agencies can help decrease roleconfusion and duplication of services amongservice providers in the community. Beforedeveloping interagency agreements and contractswith agencies for services, program organizersand staff should have adequate knowledge aboutthe services being provided and about the agencyas a whole.

Networking, collaborating, andbrokering with outside agencies canhelp decrease role confusion andduplication of services among serviceproviders in the community.

Factors to Be Considered in the SelectionProcessAccording to DeHoog (1984), the maximumefficiency in interagency relationships will berealized when a teen court program has adequateknowledge of

O the potential service providers and their pastperformances;

O the actual services, especially as they relate tothe needs of consumers;

O the method of service; and

O the cost of the various components of theservices.

Lieber (1987) expands on DeHoog's elementswhen he suggests that programs should requirepotential service providers to detail

O the population being served;

0. an estimate on the flow and source of clients(i.e., youth offenders);

0. methods of referral to the program;

0 methods of evaluation of client needs;

O methods for providing the services thataddress client needs and the rationale for thechosen methods of service delivery;

O methods to be used for monitoring clientsand providing feedback to referral sources;

O criteria for positive or negative terminationfrom the program; and

followup techniques.

It is imperative that program staff have sufficientknowledge of prospective service providers. Inthe case of an individual, such as a psychiatrist,psychologist, or substance abuse counselor,program staff should ask for a resume andinquire within the local professional communityabout the individual's capabilities and reputation(Beto, 1987). Knowing how to evaluate thecredentials of an individual professional isimportant in the selection process. For example,the professional's resume may reflect a lengthylist of research articles published in professionaljournals. While this speaks well of theindividual, it also may indicate that more timehas been spent in an academic setting than onpractical experience, which could impact thequality of services delivered (Beto, 1987).

Lieber (1987) states that before contracting withan agency or organization, program staff shouldbe sufficiently satisfied with the agency's

0' organizational capacity for effective andefficient management;

O corporate capacity to provide the service;

O corporate status (individual, partnership,corporation, nonprofit, or for-profit);

0' clear lines of responsibility for dailyoperation;

0 contact person and established lines ofcommunication; and

O role for its board of directors in themanagement of the organization.

Much information may be gleaned from contactswith other referral sources. Program staffshould ask for a list of references from aprospective service provider. Contact with other


84


referral sources may yield information on thequality of services, staff credibility, and responseto emergency situations (Beto, 1987).

It also may be beneficial to contract withuniversities for particular services (e.g., acounseling program operated by a psychologydepartment; alcohol education programs offeredby a health or traffic safety department).Satisfaction with this type of relationship willdepend to a great degree on the professor orfaculty member responsible for the program.For example, a professor whose background isin research may not be particularly interested indirect service delivery or providing doctoralstudents with meaningful practical experiences(Beto, 1987).

At various points throughout this Guide, theimportance of a detailed needs assessment hasbeen stressed. An important part of the needsassessment is acquiring sufficient information toevaluate prospective service providers. If theorganization or professional is incapable ofdelivering the services desired or does not sharethe vision of the teen court staff, thenunsatisfactory results may be expected.

Negotiating the AgreementContract negotiation should not be an unpleasantexperience. It usually involves two individuals,each representing their respective organizations,who want to form a cooperative relationship,with one supplying clients and the otherproviding a service. During this process, a jointpurpose statement may serve as the foundationfor a more formal and rewarding relationshipbetween a teen court program and a serviceprovider. The negotiation period provides anexcellent opportunity to resolve issues notformally addressed during earlier exchanges.

Some areas requiring further clarification mayinclude

0 treatment and services provided;

O notification and discharge communication;

O treatment and referral criteria;

O confidentiality issues;

O frequency and type of client contact;

O assessment criteria;

O frequency and type of contact betweenagencies; and

O success and failure criteria.

Writing the ContractScherman (1987) suggests having an attorneyassist with the review and implementation of thecontract. The written contract, or interagencyagreement, is a legal document that protects bothparties; it must be realistic and reasonable andhave explicit and enforceable provisions(Marlin, 1984).

While contracts may differ depending on thejurisdiction, roles of the parties, and servicesdesired, they contain many common elements.Figure 6-7 contains a list of primary elementsthat should be in a contract for services and a listof secondary elements that also may be includeddepending on statutory requirements and localpractices.

Evaluating the Services DeliveredThe final component of the contract process isevaluation. Determining how well theinteragency partnership works is critical to theefforts of organizations that try to change people(Glaser, 1988). Measures of evaluation include

O client outcome;

O system effectiveness;

0 cost-benefits; and

O client and staff satisfaction.


9 5,85


Figure 6-7: Contract Elements

CONTRACT ELEMENTS

Primary ElementsO Opening paragraph: Defines the relationship between the program and the service

provider.

O Scope of the contract: Lists the services to be provided and reflects the responsibilitiesof the program and the service provider.

O Compensation: Provides a description of the method by which the service provider willbe reimbursed for specific services rendered.

O Payment: Insures that payments for services will be governed by statute or localjurisdiction policy.

O Affirmative action: Usually requires that a service provider will not discirminate inareas of employment or client service.

O Confidentiality: Establishes an understanding that the service provider must abide by allapplicable statutes concerning the handling and disclosure of client information.

O Cancellation/modification: Provides the methods, restrictions, and time frames that theprogram and the service provider must follow to modify or cancel the contract.

O Effective date/termination date: Provides the time frame in which the contract will bein effect.

Secondary Elements

O Extensions: Provides an opportunity to eliminate the need for preparing a new contract ifthere is a high probability of utilizing the same services the following year.

O Indemnity: Attempts to ensure that the service provider will "hold harmless" theprogram against any liability or claims in which suit may be brought.

O Insurance: Should specifically outline the insurance requirements and certificates theservice provider will be required to obtain and maintain throughout the contract period.

O Bonding: Requires the service provider to maintain an employee fidelity bond.

0 Independent contractor: Attempts to protect the program against an interpretation thatthe contract implies that the service provider is a partner or employee.

O Audits: Provides that the program has the right to examine and copy any documents ofthe service provider relating to the contract.

O Reports and monitoring procedures: Outlines the procedures the service provider willfollow in order for the program to properly monitor the contract.

O Incorporation status: Requires those service providers that are nonprofit corporations tofurnish a copy of the certificate of incorporation to the program.

O Assignment: Provides the parameters in which the service provider can assign itsresponsibilities as they relate to a contract with another agency.

Source: APPA and National Association for State Alcohol and Substance Abuse Directors, 1992; Scherman, 1987;

Marlin, 1984

86



In order to effectively evaluate thedelivery of contract services, it isimportant that measurable objectivesare agreed upo at the onset of theinteragency partnership.

In order to effectively evaluate the delivery ofcontract services, it is important that measurableobjectives are agreed upon at the onset of theinteragency partnership. In addition, amanagement information system should bedeveloped by the teen court program, with inputfrom the service provider, that guarantees thatdata pertinent to the treatment initiative may beproperly collected, organized, reviewed, andtransmitted as needed (Scherman, 1987).Unfortunately, it is not uncommon for agenciesto begin programs, adopt strategies, and enterinto cooperative relationships without givingsufficient thought to gathering data orscientifically measuring outcomes at a later date(Glaser, 1988). Agencies can avoid this pitfallby focusing on evaluation issues during the earlystages of the contract process.

Maintaining the PartnershipIn order for interagency partnerships to survive,the parties involved must work at therelationship. One of the key factors inmaintaining a positive relationship is constantcommunication. Through communication, rolescan be clarified, problems can be resolvedbefore they become insurmountable, and amutual respect can be fostered.

A few examples of positive forms ofcommunication include

O periodic telephone conversations;

O mutual training workshops;

O joint staff meetings;

O informal meetings over lunch;

O scheduled social events; and

O frequent staff interaction.

The development of meaningful communicationbetween the teen court program and the serviceprovider will ensure a partnership thatappropriately aids the offender and enhances theefforts of the juvenile justice system.

Through communication, roles can beclarified, problems can be resolvedbefore they become insurmountable,and a mutual respect can be fostered.

CONCLUSlION

The types of services identified in this chapterrepresent only a fraction of what teen courtprograms provide. They are presented to giveprograms an idea of the various ways in whichservices can be designed to benefit offenders,victims, and the community. If viewed strictlyas a youth program, teen court programs canlose sight of the ways in which they can impactothers in the community. Involving youth,victims, and community members in discussionsconcerning needed services can help programorganizers begin to develop a program that trulydoes impact and benefit the offenders, victims,and community as a whole.



CHECKUST FOR PROGRAM SERVICES


Examined the needs of youth in the community?

O Identified current interests of youth in the community?Di Identified current needs of youth in the community?

Di Examined the needs of victims?

Developed an understanding of the primary needs and wants of victims in thecommunity?

LI Identified any legislation pertaining to victim rights within the state or local jurisdiction?01 Identified services currently provided to victims by the local juvenile justice system?

Examined the needs of the community?

O Identified the top concerns of the community related to juvenile crime?Determined which of these concerns the teen court program can address?

DI Identified what services currently are provided in the community to address these types ofconcerns?

01 Designed sentencing options for offenders?

Community service

DI Determined whether there will be a predetermined range of hours that can beimposed based on the type of offense, or whether jury panels will be allowedflexibility and discretion when assigning hours?Developed a community service program or component that attempts to placeyouth in community service sites or projects that are meaningful and worthwhile,and allow the youth to see the benefits of their contribution?

U Established a policy concerning whether youth will be assigned to specific sites orwhether they will choose from a list of community service sites and be responsiblefor making all the arrangements?

Jury duty

0 Established a policy that states whether all defendants will be required to serve juryduty as part of their sentence?

01 Determined if there will be a predetermined range of times a defendant can sit on ajury from which the jury panel can choose?



D Educational workshops

D Determined the topics that will be covered?D Determined whether workshops will be developed in-house or contracted out to

other agencies?

Apologies to victims

Established a policy that states who will contact victims to ascertain if they wish toreceive an oral or written apology from the defendant?

D Determined the procedure for making oral and written apologies?D Determined how the receipt of an apology to a victim is to be verified?

Essays

Determined whether the jury will be provided with a list of certain topics fromwhich to choose, or whether the selection of appropriate topics will be left to theirdiscretion?Determined if there will be a predetermined minimum and maximum limit on thenumber of words a jury panel can assign?

Monetary restitution

Outlined the procedures for payment and how payment will be monitored?D Determined how restitution will be disbursed to victims?D Established a policy concerning who will receive payment first in cases involving

multiple victims (i.e., priority of payment)?Established a policy for how cases will be handled when a youth does not complywith the restitution order?

Examined additional sentencing options and program services

Peer discussion groupsTutoringPeer mediationVictim impact panels or classesVictim inputVictim notificationInformation and referral services

U Special eventsOther



O Identified agencies and organizations in the community that can provide services for the teencourt program?

Recorded information on each agency and organization regarding

the type of services provided (related to the needs of teen court participants);O the population served by the agency;O the cost associated with the services;

the way in which referrals are made to the agency;the manner in which clients are monitored;criteria for successful and unsuccessful completion of the program;

O how the agency evaluates its services; andO information on the staff's capabilities (i.e., credentials) and reputation in the

community.

Negotiated an interagency agreement or contract for service?

Received clarification on

O treatment and services provided;D notification and discharge communication;O treatment and referral criteria;O confidentiality issues;O frequency and type of client contact;D assessment criteria;O frequency and type of contact between agencies; andO success and failure criteria.

1:1 Written interagency agreements or contracts?

Consulted legal counsel?Ensured the written contracts or interagency agreements are realistic, reasonable, andhave explicit and enforceable provisions?

Evaluated the services delivered?

O Developed measurable objectives that were agreed upon at the onset of the interagencyaiirtnership as to how to evaluate

client outcome;system effectiveness;cost-benefits; andclient and staff satisfaction.

Maintained partnership and communication with service providers?

O Identified and established techniques and strategies for maintaining a positive relationshipand solid communication with service providers?

90 :t.

10 0



CHAPT R 7

DEVELOFING A PROGRAM MODEL ANDPROCEDURES

ANDffMPLEMENUNG EFFECTIVE CASE MANAGEMENT

PRACTICES

American Probation and Parole Association 01. 91


INTRODUCTION

This chapter will examine some of the "nuts andbolts" issues confronted by teen court programs.What program model will be followed? Shouldthe program serve a sentencing function only?What types of case management practicesshould be implemented?

Developing effective case managementpractices and designing an efficientsystem for maintaining information canhelp assure program accountabilityand integrity ...

By answering these questions, programdevelopers will be able to define the functionand model of the teen court and designprocedures and protocols that can establishprogram continuity and lessen the confusion andfrustration among staff and teen courtparticipants. Developing effective casemanagement practices and designing an efficientsystem for maintaining information can helpassure program accountability and integrity andprovide a means for tracking data that can beuseful in future program evaluations.

By the end of this chapter, readers will have theknowledge to

0 choose an appropriate program model andlegal procedure;

0 determine the logistical arrangements for theteen court program; and

0 institute effective case management practices.

SELECTING A TEEN COURTPROGRAM MODEL AND LEGALPROCEDURE

As explained in more detail in Chapter 1, thereare two major models of teen court programs inoperation across the nation trial models andpeer jury models. The main distinction betweenthe two types of models is that trial models use

prosecuting and defense attorneys to questionthe defendant; in peer jury models, the jurorsquestion the defendant directly. Whendetermining which program model to follow,teen court program developers may want tocontact programs operating under each modeland discuss the advantages and disadvantagesassociated with each type. For furtherinformation, Appendix A provides a listing ofsome of the teen court programs that follow eachof the models outlined in the introductorychapter.

Also, as mentioned in Chapters 1 and 4, adecision that must be made by programdevelopers is whether the teen court will serve asentencing function only, or whether the teencourt will have the power to determine guilt orinnocence. According to the AmericanProbation and Parole Association's, (APPA,1994) teen court survey, the vast majority ofthese programs require youthful offenders toplead guilty or nolo contendere prior to theirparticipation in the program. In doing so, theysign a waiver voluntarily agreeing (with theconsent of their legal guardian) to be sentencedby a jury of their peers. The primary function ofthe teen court hearing is to examine themitigating and aggravating circumstances of thecase to determine an appropriate sentence for theteen court defendant.

There are exceptions to this typical function ofteen court programs. In programs that do notrequire teen court defendants to plead guilty as aprerequisite for participation, the function of ateen court hearing is to examine the facts of thecase and make a determination of guilt, andthen, if necessary, determine an appropriatesentence. Coordinators of some of the programsoperating in this manner report that the majorityof youthful offenders do plead guilty, in whichcase the youth court then serves a sentencingfunction.

Program developers should weigh theadvantages and disadvantages when determiningwhether to serve a sentencing function only or


10293


whether to determine guilt or innocence. Factors toexamine includeO any applicable legal issues (e.g., due

process);

O the impact the function could have on theoverall program purpose, goals, andobjectives;

O the amount of time needed to conduct trialsto determine guilt; and

O the amount of training needed for volunteers.

After determining the program model that willbe followed, program developers also will needto establish the legal procedure (i.e., "order oftrial") to be emulated for each case. Thisprocedure defines briefly the sequence of eventsfor each hearing and can help diminish the chaos

Figure 7-1: Sample Order of Trial - Trial Model

and confusion among teen court staff andprogram participants. See Figures 7-1 and 7-2for examples of an order of trial followed fortrial and peer jury model programs whose mainfunction is to determine an appropriate sentence.

Programs also may want to consider preparing ascript that outlines in detail the courtroomprotocol to be observed during the hearings.This protocol provides a summary of whatvolunteers say at each point during the hearing.In designing a protocol, teen court programdevelopers may want to obtain examples fromexisting teen court programs and seek theassistance of judges and attorneys in adaptingthem to the local program's needs. A sampleteen court courtroom protocol may be found inAppendix E.

SAMPLEOrder off Trial - Trlall Model

1. The jury is called forward by the bailiff to take its place in the jury box and is sworn in by the judge.2. The clerk calls the case docket number and the defendant's name in a strong clear voice.3. The judge asks the defendant to come forward, and stand before the clerk.4. The clerk swears in the defendant.5. The judge states to the jury what the case is about.6. The prosecuting attorney asks the defendant to state his or her name and give a brief statement of the

charge. The prosecuting attorney begins asking questions and, when finished, states, "No further questionsat this time, Your Honor."

7. The defense attorney begins asking questions. When finished, the defense attorney says, "No furtherquestions at this time, Your Honor."

8. The prosecuting attorney may redirect at this time; the defense attorney may likewise redirect. If theprosecuting and defense attorneys have no redirect questions, they say, "The prosecuting rests" and "Thedefense rests."

9. The prosecution makes summation sentencing recommendations of case to jury.10. The defense makes summation sentencing recommendations of case to jury.11. The judge instructs the jury of its duty and directs the bailiff to obtain the Jury Report Form from the clerk.

The bailiff gives the form to the jury foreperson, and the jury is sent to deliberate.12. At this point, another jury is brought in and a new case begins.13. After the second jury has heard its case and the first jury has reached a decision, the bailiff advises the

court. The second jury is led by the bailiff to the deliberation room, while the first jury is brought back intothe courtroom. At this point, the bailiff takes the Jury Report Form from the foreperson and lets the judgereview it. It is then handed back to the bailiff, who gives it to the foreperson. The judge then calls thedefendant forward and directs the defendant to face the jury while the foreperson reads the sentence.

14. The judge then instructs the defendant to take the Juror Report Form to the coordinator. The bailiff takesdefendant and the legal guardian(s) back to the coordinator, where the necessary forms are completed andthe jury disposition is finalized.

15. The judge thanks the jury, which may remain for the next case while the second jury deliberates.

Source: Dawson et al., nd

94



Figure 7-2: Sample Order of Trial - Peer Jury Model

1.

2.

3.

4.

5.

6.

7.

8.

9,

10.

11.

SAMPLEOrder of Trial - Peer Jury Model

Jurors are seated on benches, with theforeperson in front row as chairperson.Clerk sits at desk.Bailiff calls defendant into courtroom.Court clerk calls cases and givesforeperson the file.Oath is given to the defendant by an adult.The peer jury questions the defendant.The foreperson keeps the discussion ontrack.

Once questioning is completed, theforeperson asks the defendant to return toopen seating.The jury retires to jury room to deliberate.The jurors return to the courtroom and theforeperson reads the verdict.The foreperson instructs the defendant togo with the bailiff to the teen court office tocomplete paperwork.The bailiff gets the paperwork from theclerk and takes the defendant and thedefendant's legal guardian(s) to the teencourt office.

Source: Blair, nd

DETEIMIIMNG LOCATION ANDOTHER LOGISTICAL ISSUES

Another important decision facing programdevelopers concerns where and when the teencourt will hold its sessions. Aside from securingoffice space for staff, teen court programs needaccess to a facility in which to hold hearings.The optimal location is in an existingcourtroom. A real courtroom helps set anappropriate tone and invokes an atmosphereconducive to the seriousness of the proceedings.It also helps reduce the amount of setup timeneeded prior to the hearings. Judges and othercity and county officials can be helpful whentrying to secure this type of space.

In the Youth Court Handbook developed for theYouth Court of Ada County, Idaho, Hay and

Manz (1992) say that programs holding teencourt in a facility other than a courtroom need

O a long table for the judge and court clerk;

O a plug outlet close by for a tape machine (ifrecording proceedings);

O a United States flag and state flag;

O a witness chair;

O chairs for the jury;

O a table and chairs for the prosecutingattorney(s);

O a table and chairs for the defense attorney(s)and the defendant;

O chairs for the defendant's legal guardian(s)and other youth court observers;

O a room or private area in which thedefendants can meet with their defenseattorneys prior to the hearing;

O a room or private space for prosecutingattorney(s) to be able to meet and prepare fortheir case; and

O a separate room in which the jury candeliberate.

Aside from determining the location of thecourt, some additional decisions that must bemade include

O the maximum number of cases that can beheard during a teen court session;

O how often the teen court will be held (e.g.,once a month, every week);

O what day(s) of the week court sessions willbe held; and

O what time of the day or evening courtsessions will be held.

Issues impacting these decisions include

O the number of cases being referred to theprogram;


104


O the function the teen court will serve (i.e.,sentencing, determination of guilt);

O the program model being used;

O the availability of the facility; and

O the days or evenings when youth in the localcommunity are most likely to be involved inother extracurricular activities (e.g., schoolevents, church activities).

ESTA EFFECTIVECASE MANAGEMENTPRACTICES

In addition to determining the model of teencourt that will be used and making the necessarylogistical arrangements, each teen court programshould develop policies and proceduresoutlining effective case management practices.This effort can help protect program integrityand aid in case monitoring and programevaluation. Sample forms used by various teencourt programs may be found in Appendix D.

Maintenance of Case Files and ProgramRecordsBecause of the large number of defendants andvolunteers involved in teen court programs, staffwill be responsible for managing a significantamount of information, much of which isconfidential in nature. Each teen court programshould develop a method for systematicallycollecting and recording information, whilekeeping in mind how to control access toconfidential information.

Each teen court program shoulddevelop a method for systematicallycollecting and recording information,while keeping in mind how to controlaccess to confidential information.

A computerized system is recommended for itsease, speed, organizational efficiency, andconvenience; but other options can be effective.

A computerized system also reduces the needfor filing space and excessive paperwork.However, some agencies may find it more cost-effective and reasonable to use a manual system(Crowe and Schaefer, 1992). Recordinginformation and designing a managementinformation systems will be discussed in moredetail in Chapter 10.

Thorough program and individual case filesshould be kept on all defendants and volunteersinvolved in the teen court program. This sectionwill focus primarily on managing an offendercaseload, and Chapter 8 will discuss informationto be maintained on volunteers. Case files ondefendants should contain copies of all formssigned by defendants and their guardians,verification forms for completion of sentencerequirements (e.g., community service,educational workshops), and chronological casenotes of all contact (personal and telephone)made in reference to a defendant's case.

The following section will present an overviewof some of the case management issues to beconsidered and the tasks to be completed duringthree stages of a teen court defendant'sinvolvement in a teen court program before,during, and after the teen court hearing.

Prehearing Tasks and ActivitiesPrior to a case reaching the teen court hearingstage, some of the administrative tasks facingteen court coordinators include

O conducting intake interviews with defendantsand their legal guardians;

O docketing youth court cases; and

O assigning appropriate volunteers for the teencourt sessions.

It also is within this time period that contactwith the victim(s) should be initiated. Asdiscussed in the previous chapter, a victimimpact statement can be obtained to offervietims a chance to state how the crime affectedthem. Also, if the program allows the jury to


105


order monetary restitution, victims can provideuseful data and documentation to help determinean appropriate amount to request. Informationcollected from victims should be placed in thedefendant's file and used during the hearingphase to aid in sentencing. However, inreleasing victim information to volunteers, careshould be taken to provide only that which ispertinent to the case. To protect the victim'sconfidentiality, the victim's address and phonenumber should not be made available to anyoneexcept program staff.

Intake InterviewsOnce a referral is received by the teen courtprogram, the coordinator should schedule anintake interview with the defendant and thedefendant's legal guardian(s). The purpose ofthe intake interview is for the coordinator tomake a final determination as to whether thecase is appropriate for teen court, explain theprogram's purpose and guidelines, obtainrelevant and factual information on thedefendant and the offense, and complete anynecessary paperwork.

At the beginning of the intake interview,coordinators should introduce themselves todefendants and their legal guardian(s) andexplain the purpose of the interview and how theinformation gathered during the session will beused (National Center for Juvenile Justice,1991). Although the teen court program shouldhave been explained to the defendant andguardian(s) at the time of referral, it is importantthat the teen court coordinator review theprogram's purpose and guidelines in detail toensure that all understand the process. Mostteen court programs stress that participation inthe program is voluntary. Therefore, youth andtheir guardians should be advised of their legalrights and be fully aware of what participation inthe teen court program entails. To aid in thisexchange of information, it may be helpful forthe defendant to be given a fact sheet thatprovides pertinent information about theprogram. This sheet can be reviewed during the

intake session and signed by the defendant, legalguardian(s), and the program staff. Chapter 3discusses due process rights of juveniles in moredetail.

Other forms that should be completed during theintake session include the following:

O Oath of Confidentiality. A statement signedby the defendant and the legal guardianattesting to the fact that they will not revealthe names or discuss the cases of which theybecome aware through their involvement inthe teen court program.

O Release of Information. Releases should beobtained for all agencies and individuals,including juvenile justice system andcommunity agencies, with which the teencourt staff may need to share informationconcerning the defendant and the case (e.g.,community service sites, referral agencies,counseling agencies, schools). Each releaseof information should be signed by thedefendant and a legal guardian.

O Waivers and Liability Releases. Astatement signed by the defendant and a legalguardian in which they waive or release theirright to sue the teen court program fordamages. (See Chapter 3 for more detailedinformation on liability issues.)

O Waiver and Parental Consent Form. Aform signed by the defendant and a legalguardian that states that they understandparticipation in the program is voluntary andthat the defendant agrees to be sentenced bya jury of peers. Also, it outlines the rights thedefendant agrees to waive in order to beinvolved in the program.

Also during intake, staff should acquireinformation on the defendant and the offensethat will help provide appropriate programservices to the defendant. According tostandards developed by the National AdvisoryCommittee for Juvenile Justice and DelinquencyPrevention, as reported in A Desktop Guide to

American Probation and Parole Association 97. . 1 1 0


Good Probation Practice (National Center forJuvenile Justice, 1991) information gatheredduring an intake interview should be only thatwhich is essential for decision making. Theinterviewer should attempt to balance the needfor information with the youth and the family'sdesire to avoid unnecessary invasions ofprivacy.

Issues to discuss and record during the intakesession include the specific details of theoffense; any action taken by the legalguardian(s) to address the problem behavior(e.g., punishment, counseling); any gesturestaken by the defendant to remedy the problem(e.g., victim compensation); and problems,issues, and circumstances in the youth's family,school, or peer relationships leading up to theincident (e.g., substance abuse, poor grades, orpoor attendance at school) that may havecontributed to the youth engaging in thedelinquent behavior. Coordinators shouldsynthesize this information to determine whatdetails should be provided to teen courtvolunteers to use in the sentencing process.Also, staff should provide informal referrals foradditional services to defendants and theirfamily, if needed.

Among the elements needed forintervention efforts to be effective is aswift and certain response (Office ofJuvenile Justice and :DelinquencyPrevention, 1993).

Docket CasesAmong the elements needed for interventionefforts to be effective is a swift and certainresponse (Office of Juvenile Justice andDelinquency Prevention, 1993). Once the intakeinterview has been completed and a case hasbeen accepted into the program, it must bedocketed for court. Attempts should be made toschedule cases so they are heard in a timelymanner (i.e., less than two months after intake).Some teen court coordinators assign a court dateand time during intake, while others send

defendants a teen court summons indicating thedate and time they are scheduled to appearbefore the youth court. Log sheets and courtcalendars can be created to track the dates thatcases are assigned for court and to track the finalcase dispositions. If referrals increase to thepoint that cases cannot be docketed in a timelymanner, programs may need to considerincreasing the frequency of court sessions ordecreasing the number of cases referred.

Assigning Volunteers to CourtThe number and types of volunteers needed foreach court session will depend on the model ofteen court chosen and the number of cases beingheard that session. Figure 7-3 illustrates thepotential number and types of volunteers neededfor a teen court session scheduled to hear fourcases, operating under Trial Model A (asdescribed in Chapter 1).

Figure 7-3: Number and Types of Volunteers Needed

1 adult judge

1 youth court clerk

1 youth bailiff

20 youth jurors (6-8 jurors hearing two caseseach)

2-4 youth prosecuting attorneys

2-4 youth defense attorneys

Total = 27-31 voluntees needed

Coordinators should schedule more volunteersthan actually may be needed to compensate forvolunteers who cancel at the last minute or failto show. When selecting volunteers, thecoordinator should attempt to generate a diversegroup of volunteers who represent the social,economic, and ethnic makeup of the community.To assist staff in this task, a form should bedeveloped that lists the volunteers and theirrespective roles for a given trial date. This formalso can be used the night of the trial as a meansfor checking in volunteers as they arrive. Inaddition, a mechanism should be established for



notifying volunteers when they have beenselected for a certain session.

When selecting volunteers, thecoordinator should attempt to generatea diverse group of volunteers whorepresent the social, economic, andethnic makeup of the community.

Program coordinators should determine whencase information will be supplied to teen courtvolunteer attorneys for preparation purposes.Options include (1) sending case information toteen court volunteers in advance (e.g. one to twoweeks before the teen court session); and (2)giving case information to teen court volunteerson the day or night the teen court session is held(e.g., 30-60 minutes before the first teen courthearing).

According to Scott Peterson, Director of theYouth Courts of the Capital Districts, Inc.,sending information to volunteers well inadvance allows the attorneys the chance to talkto defendants, parents, victims, and otherconcerned parties and to gather pertinentinformation for the sentencing hearing.

Teen Court Hearings Tasks and ActivitiesHearing nights are busy times for program staffand volunteers. To ensure a smooth andefficient teen court hearing, it is imperative thatthe procedure to be followed is outlined,communicated, and understood by allparticipants prior to the hearings. All staff andvolunteers must be cognizant of their roles andbe able to perform their duties in a professionalmanner.

Before the actual hearings begin, time should beallotted for other activities and tasks that occurprior to the youth court hearings, such as

0 meetings between attorneys and defendantsto gather information and prepare for thetrial;

checking in of volunteers;

O explanation of proceedings and administeringoath of confidentiality to volunteers and teencourt observers; and

the jury selection process.

Often, the teen court coordinator will not bepresent in the courtroom during each hearing.Therefore, methods should be developed toprovide a record of each teen court hearing.This record can help furnish program staff withinformation for use when conducting followupinterviews or making case or program decisionsat a later date. Also, forms created can assistvolunteers in carrying out their roles moreeffectively and efficiently. Example forms thatteen court programs could use during trialproceedings include the following:

Confidentiality Oath. An oral oathdelivered at the beginning of each trial inwhich those present agree not to revealnames or discuss cases that they becomeaware of during the teen court proceedings.

Jury Verdict Form. A form that the jurycompletes for each case that outlines thesentence being imposed on the defendant.

Case Analysis Form. A form that youthattorneys can use to help organize facts andinformation when preparing for a case.

o Judge's Notes. A form that a judge can useto keep track of the facts of the case and notereasons for certain processes or concernsrelated to the case.

Clerk's Record of the Hearing. A formkept on each case that provides the names ofthe persons involved in the trial (i.e.,attorneys, judge, defendant, guardians) andthe sentence imposed by the jury.

Bailiff's Form. A record of jurors, attorneys,clerks, and judge selected for each case.

American Probation and Parole Association108

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Jury SelectionTeen court jurors have one of the most importantroles to perform. They are charged withweighing the circumstances of the offense anddetermining an appropriate sentence for one oftheir peers. Because of the seriousness of theduty before them, care should be taken whendetermining how the jury for each case will beselected.

Teen court jurors have one of the mostimportant roles to perform. They arecharged with weighing thecircumstances of the offense anddetermining an appropriate sentencefor one of their peers.

The majority of teen court programs requiredefendants to serve at least one time on a jury(APPA, 1994); therefore, the combination ofpast defendants and youth volunteers shouldgenerate a large pool from which jurors can beselected. Because the premise behind teen courtprograms is that a defendant will be judged by ajury of peers, if at all possible, there should bejurors on the panel who share common traitswith the defendant. Efforts should be made to

Figure 7-4: Considerations for Selecting Jury Panels

assign jurors who are close in age and share thesocial, economic, and ethnic background of thedefendant. While keeping these factors in mind,programs also should strive to compose a jurypanel consisting of a reasonable balancebetween volunteers and defendants. Figure 7-4provides a listing of some questions to considerwhen establishing policy about or choosing jurypanels.

Posthearing Tasks and ActivitiesAfter a case has been heard and a sentence hasbeen determined by the jury, someadministrative tasks remain. These include:

followup interviews with the defendant andlegal guardians;

C. case monitoring; and

0 the termination of cases.

Followup InterviewsFollowing the hearing, the defendant and legalguardian(s) should meet with the teen courtcoordinator to discuss and sign the jurydisposition. This usually is done immediatelyfollowing the hearing. The defendant should be

Selecting Jury Panels

0 Will jury panels be selected for each case prior to the hearing, or will jurors be assigned tospecific cases randomly on the night of the hearing?

0 When possible, are jury panels composed of individuals who share common traits with thedefendant?

0 Is there a reasonable balance of volunteers and past defendants on each jury panel?

0 Have measures been put in place to determine if any jury member is or could be prejudiced tothe defendant in some way that would affect the fairness of the proceedings (e.g., is friendswith, has had trouble with, is related to the defendant)?

0 How and at what points can a juror be removed from the case?

0 Will attempts be made to place a certain number of jurors on each panel who have had trainingin conflict resolution, listening, and communication skills?

0 How far in advance will jurors be notified they are required to report for jury duty?

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given instructions on how to make arrangementsto comply with the jury's sentence, includinginformation on how to arrange for thecompletion of community service hours,payment of restitution, attendance at educationalworkshops, and completion of letters of apology.Defendants also should be made aware of thedeadline for completion, the result ofcompliance, and the consequence(s) ofnoncompliance with the program.

Case MonitoringProgram staff are responsible for monitoring adefendant's compliance with the sentenceimposed by the jury. Depending on the jury'srecommendations for a case, this monitoringcould entail

O being aware of where a defendant isperforming community service hours soperiodic inquiries concerning progress can bemade;

O knowing where and when defendants arescheduled to attend educational counselingsessions and following up to ensure sessionsare completed satisfactorily; and

O establishing a procedure for the management,collection, and disbursement of monetaryrestitution.

Community service policies and procedures varyamong teen court programs. Each teen courtwill need to establish a policy that outlines whois responsible for selecting and makingarrangements for community service placement(e.g., defendant, teen court staff), how oftenprogress will be monitored (e.g., weekly,monthly), and how verification of hours will beobtained (e.g., time sheet, letter from communityservice site). This policy should be explained todefendants during the followup interview andcommunicated to all community service sites.

If youth are ordered to attend educationalworkshops or counseling provided by outsideagencies, policies similar to that described aboveneed to be developed outlining how those

referrals will be made. Teen court staff shouldbe aware of the method each agency would likeused and the type of information needed whenmaking the referral. A feedback mechanismshould be built in to inform teen court staffwhen the defendant has been accepted forservice and when the defendant has completedthe obligation. Formal interagency agreementsoutlining the services to be rendered betweenoutside community resources and teen courtprograms may be helpful in guaranteeing thatteen court defendants receive prompt services.

Formal interagency agreementsoutlining the services to be renderedbetween outside community resourcesand teen court programs may behelpful in guaranteeing that teen courtdefendants receive prompt services.

Programs that allow juries to order defendants topay monetary restitution must develop aprocedure and policies concerning how therestitution process will be managed. Issues to beconsidered when managing restitution paymentsare outlined in more detail in Chapter 6.

Terminating CasesPolicies and procedures need to be developedfor how cases will be terminated includingcases completed successfully, and cases inwhich the defendants do not comply with theirsentences.

For many youth court programs, successfulcompletion means dismissal of the chargesagainst the youth and/or expungement of theirrecords. If a youth fails to comply with the teencourt program's requirements, then a procedureneeds to be in place to return the youth to theoriginating source for further action. In somejurisdictions, this may mean the youth isprocessed through the formal juvenile courtsystem. For example, in Texas, youth who are17 years of age and older can have warrantsissued if teen court conditions are not completedand the fine is not paid.


110101


Teen court staff should solicit the assistance ofjudges and attorneys in the local juvenile justicesystem to determine what procedure should beadopted to ensure that cases are disposed ofproperly. All necessary forms should becompleted and the appropriate agencies andpersons notified of the final disposition of thecase.

Exit InterviewsSome programs conduct exit interviews withdefendants and their legal guardians when allprogram requirements have been completed.Exit interviews offer an opportunity for staff toconfirm that defendants have completed theirsentence and to explain what defendants canexpect concerning dismissal or expungement oftheir records. In addition, exit interviews offer

an opportunity for staff to invite feedback fromdefendants and their legal guardians on theirexperiences with the program and to encouragedefendants to remain active in the teen courtprogram as youth volunteers.

CONCLUSION

This chapter provided an overview of variousprocedures and case management practices thatteen courts can implement. In addition to theexamples provided in this Guide, samplecourtroom protocols and forms can be obtainedfrom existing teen court programs. Programdevelopers are encouraged to locate existingresources and then adapt them to fit local needsand priorities.


I I


CHECKUST FOR PROGRAM MODEL, PROCEDUMANAGEMENT


O Determined the function of the teen court program?

E, AND CASE

O Established whether the program will serve a sentencing function only, or whether it willhave the capacity to determine guilt and innocence?

O Examined issues such as legal restrictions; the program's purpose, goals and objectives;time factors; and training of volunteers when making this decision?

Chosen a program model and developed a courtroom protocol?

Determined what program model the program will follow?

O Defined volunteer roles necessary for this model? (Note: Chapter 8 discusses volunteersin more detail.)

O Determined the order of events that will occur during each teen court hearing?Written a courtroom protocol to be followed for each hearing?

DI Chosen a location for the teen court hearings to be held?

O Examined the availability of an existing courtroom and other places in which a courtroomcan be simulated (e.g., classroom)?Determined what is needed to set up a courtroom if an existing courtroom is not availablefor use?

O Determined the number of cases that can be heard per teen court session, and when and howoften teen court sessions should be held?

O Examined the number of cases being referred (or expected to be referred) to the program?DI Ascertained if more than one courtroom is available for use during hearing days and

evenings?O Examined factors such as the those discussed in the two questions above to determine

how often cases should be heard (e.g., once a week, once a month, etc.)?O Considered factors such as extracurricular activities and other scheduling conflicts of

volunteers when determining the best day(s) of the week and the best time of day forhearings to be held?



0 Developed procedures for effective case management practices and program operation?

O Determined how program information and data on program participants (i.e., volunteersand defendants) will be maintained (i.e., management information system)?Determined the type of information to be kept on defendants and volunteers?

O Determined what types of forms are necessary for each stage of the court program (i.e.,prehearing, during the teen court hearing, and following the teen court hearing)?

O Developed a method for conducting intake interviews with defendants and their legalguardians?

O Developed a procedure for docketing cases for teen court?O Developed a mechanism for assigning and notifying appropriate volunteers for teen court

sessions?O Examined issues related to jury selection to develop the best method for selecting jury

panels for teen court hearings?O Determined the tasks and activities that will occur prior to the teen court hearings (e.g.,

meetings between attorneys and defendants, check-in and assignment of volunteers,explanation of the hearing proceedings, administering of the oath of confidentiality tovolunteers and teen court observers)?

O Developed a mechanism that will provide the teen court coordinator with information thattranspires during the hearing?

O Developed a procedure for followup interviews to discuss jury verdicts with defendantsand their legal guardians?

O Developed policies and procedures on how case progress will be monitored (i.e.,compliance with jury recommendations such as community service hours, attendance ateducational workshops or counseling, and payment of monetary restitution)?

O Developed a mechanism for the successful and unsuccessful termination of cases?


1113


CHAPTER

RECRUITING, USING, AN) TRAILMING VOLUNT


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INTRODUCTION

Volunteers are the backbone of all teen courtprograms. No teen court should recruit youthand adult volunteers, however, until it givesthoughtful consideration to where it could usetheir assistance. Volunteers used unwisely canend up feeling that their time is being wastedand may feel that their time could be betterspent assisting another agency (Fulton, Stone,and Gendreau, 1994).

At times, the use of volunteers can createadditional work for program staff. Unless careis taken in recruitment, training, and the use ofvolunteers, teen court staff may find themselvesin situations in which a volunteer iscounterproductive. Considering all the otherburdens with which program staff must deal,this situation should be avoided. A carefulexamination of where a program can use theassistance of volunteers will lead to the effectiveuse of available community resources (Fulton,Stone, and Gendreau, 1994).

At the conclusion of this chapter, the reader willbe able to

define possible volunteer roles within a teencourt program;

determine methods for targeting andrecruiting volunteers;

develop a volunteer training program; and

develop methods for sustaining volunteersupport and commitment.

EXAMINING POSSIBLEVOLUNTEER ROLES

As has been stated and illustrated throughoutthis Guide, volunteers participate in and provideservices for teen court programs in many ways.For example, all teen courts rely on youth andadult volunteers to carry out the actual teencourt hearings. Beyond that, the extent and

capacity in which programs use volunteersdiffer. Involving community members in teencourt programs in creative ways can helpincrease community support and ownership ofthe program and can help reduce the workloadof overburdened staff.

Involving community members in teencourt programs in creative ways canhelp increase community support andownership of the program and can helpreduce the workload of overburdenedstaff.

This seetion will begin by describing thetraditional roles that volunteers assume in teencourt programs. It also will describe additionalways to capitalize on the talents of youth andadult volunteers to help accomplish programgoals and objectives.

Traditional Youth Volunteer RolesAs discussed in previous chapters, depending onthe model of teen court program being used, thefollowing are typical volunteer roles assumed byyouth.

Defense attorneys. Represent the interestsof the defendants during the hearing.

Prosecuting attorneys. Represent theinterests of the "state" during the hearing.

Court clerks. Keep a record of the courtproceedings, swear in the jury and witnesses,and assist the judge during the youth courtsession.

Bailiffs. Sign in youth court volunteers,open the youth court session by announcingthe judge, escort the jury to and fromdeliberations.

Jurors. Hear the circumstances of the caseand determine constructive sentences for thedefendants.

Some teen court programs use teens in the roleof judge as well. In these programs, the youthjudge is mainly responsible for presiding over



the youth court proceedings and is usually anolder adolescent who has served in the volunteerroles of youth defense and prosecutingattorneys. In teen court programs in which thereis no peer jury, the youth judge is responsible fordetermining the appropriate sentence for theyouthful offender.

Traditional Adult Volunteer RolesAccording to responses from the AmericanProbation and Parole Association (APPA, 1994)teen court survey, the following are the mostfrequent three ways in which teen courtprograms reported using adult volunteers:

0 Judges for youth court hearings. Thejudge presides over the teen court hearingand ensures rules of procedure are followed.In very rare cases, the judge may intervene oroverrule a jury's verdict and impose onewithin the youth court's guidelines. An adultvolunteer judge with a legal background(e.g., judge, attorney) offers programs theopportunity to have someone participating inthe court proceedings who can handle anylegal issues that may arise and who canaddress youth volunteers' questions aboutlegal procedure during the course of the trial.

0 Training facilitators. An important aspectof the teen court program is the knowledgethat youth gain and the experience that theyreceive in the legal and judicial system.Also, teen court programs offer anopportunity for youth to develop and enhancelife and coping skills (e.g., listening, problemsolving, conflict resolution, negotiating). Toensure that youth are comfortable with andable to carry out the roles in which they areplaced, they should receive adequate trainingand guidance. Professionals, especially thosewho work within the legal and judicialsystem (e.g., judges, lawyers), can educateyouth volunteers on the legal and judicialstructure, rules, and procedures, whileprofessionals in social service and counselingfields can be effective trainers for helpingyouth enhance life and coping skills.

0 Advisory board and task force members.Recruiting individuals with variousbackgrounds and expertise to serve onadvisory boards and task forces is one way inwhich teen court programs have organizedand mobilized the community to aid in areassuch as program development, fundraising,and marketing.

Additional Youth Volunteer RolesAside from performing the traditional teen courtvolunteer roles, youth also should be encouragedto participate in the organizational andmanagerial side of the program. Onecontributing factor to the problem of juveniledelinquency cited in research is the lack ofmeaningful roles for youth in society (Office ofJuvenile Justice and Delinquency Prevention,1993; Calhoun, 1988; Carnegie Council onAdolescent Development, 1992). Teen courtsplace youth in integral roles that can empowerthem to address problems within their localcommunity.

Teen courts place youth in integralroles that can empower them toaddress problems within their localcommunity.

The following are additional functions thatyouth can assume in teen court programs:

0 Serving in advisory roles. Often, youth donot have an opportunity to provide input onthe development and operation of programsthat are designed to address their needs(Carnegie Council on AdolescentDevelopment, 1992). Youth can makevaluable and important contributions byserving as members of advisory committees,task forces, and boards of directors of teencourt programs.

Youth can identify issues with whichcommunity youth are struggling (CarnegieCouncil on Adolescent Development, 1992)and offer insight into the types of approachesthat are likely to work when attempting to



address youth-oriented issues. Their freshideas and viewpoints can be positivecontributions to committees that typically arecomposed of adults, who may have skewedperceptions of youth and their needs. Also,youth who volunteer and participate in othercapacities with the program (e.g., attorneys,jurors, defendants) can provide insight on theeffectiveness of the program's practicesbased on firsthand experience and helpdevelop solutions to problems encountered.In essence, the more direct involvement andcontrol that youth can have in the program,the more of a stake they are likely to developin the program and its success. Figure 8-1illustrates one method for involving teens inan advisory capacity.

0 Acting in mentoring and teaching roles.Placing youth in mentoring and teachingroles with other youth can help to enhancethe peer influence aspect of the teen courtprogram. Peer tutoring, peer discussiongroups, peer mentoring programs, and youthleadership programs are examples of ways inwhich teen courts are providing outlets for

Figure 8-1: Youth Review Boards

delinquency-prone youth to establishrelationships with more conventional peers.Figure 8-2 discusses the Los Angeles CountyTeen Court Program's Youth LeadershipProgram.

0 Assisting in the recruitment of volunteers.Certainly, youth can spread the word aboutteen court to their friends; however, youthalso should be encouraged to help identifynew and creative ways to recruit volunteers.In addition, when developing a recruitingplan, youth should be asked what qualitiesthey would like to see in the adult volunteersworking with the program.

0 Marketing the youth court program. It isvital that the community be aware andsupportive of the teen court programthroughout all stages of development,implementation, and operation. Youth can bepowerful and persuasive advocates of theprogram. One tactic used by some programsis to have youth and adult volunteersaccompany staff when making presentationsto groups. Program staff can discuss the

One way teen court programs can encourage and obtain youth input into the overall program andfunction of the program is through the use of youth review boards. To ensure the board reflectsdiverse viewpoints, attempts should be made to assemble a group of approximately 8 to 10 youthvolunteers and past defendants. These review boards can offer insight into how the program isfunctioning and help staff develop strategies to remedy identified problems. As particular areas ofconcern (e.g., jury deliberations, volunteer recruitment, volunteer training) are identified by thereview board, it may be beneficial to form subcommittees to address uses in more detail. Adultvolunteers with background and expertise in identified areas could be asked to serve on thesubcommittees with the selected youth to assist in developing solutions and strategies foraddressing the problem(s). Youth review boards can be established to serve several purposes,including

O to review teen court policies and practices;

O to identify procedural problems encountered during the hearings;

O to expose areas in which additional training may be needed for teen court volunteers; and

O to examine the dispositions of cases being heard by the teen court to address inconsistenciesand potential problem areas caused by the nature of the cases being heard.


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Figure 8-2: Los Angeles Youth Leadership Program

The Youth Leadership Program of the Los Angeles County Probation Department recruits andtrains young people between the ages of 16 and 21 to serve as volunteer interns within theprobation department. The interns are placed with various programs throughout the departmentand volunteer a minimum of 16 hours per week. The teen court program is one of the programsoffered within the probation department to which these volunteers can be assigned.

In August 1995, two Youth Leadership Program volunteers (aged 21) were volunteering for theteen court program. One of the volunteers began interning for the teen court program when shewas 19. Responsibilities of the volunteer interns include

meeting with youth defendants after the peer jury hearing to discuss the sentencingconditions;

assisting defendants in locating a community service placement;

assisting defendants and their families in locating and accessing counseling services andparenting classes; and

monitoring the defendant's compliance with the peer jury's recommendations.

The volunteers work closely with and are supervised by probation staff. Although placed in aposition in which they are responsible for monitoring the defendant's compliance with theprogram, it is stressed that the Youth Leadership Program volunteers are there to serve as positiverole models and assist defendants and their families in attaining required and needed services.Youth Leadership Program volunteers who work with the teen court report that since they are closein age to many of the defendants, they can relate to and develop a rapport with the defendants inways in which an older adult volunteer may not.

program from an administrative point ofview, while the volunteers can speak aboutthe program from a more personal view.Hearing and learning about a program fromthose directly involved can help lendcredibility to the presentation and theprogram.

0 Organizing and participating infundraising events. One of the obstaclesreported by most teen court programs is thedifficulty in securing funding for theprogram. Youth volunteers can beencouraged to help seek ways to keep theprogram viable by assisting in presentationsto possible contributors and by organizingand participating in fundraising events.

Additional Adult Volunteer RolesThe following are additional ways in which

adult volunteers are used in youth courtprograms:

0 Monitors (e.g., courtroom, jury room).There is much activity on the days andevenings in which youth court hearings areheld, and program staff often are busyperforming numerous administrative tasks.Teen court coordinators may find it helpful tohave another adult(s) present (aside from thevolunteer judge) to help keep order andmonitor the proceedings.

In addition to maintaining order, adultmonitors can observe the proceedings andidentify areas that may need to be addressedby program staff. For example, someprograms have an adult present in the juryroom while the jury deliberates. The role ofthe adult is not to actively participate in thedeliberations; however, the adult can respond


118


to questions that the jury may have, and alsocan observe the jury members' interactionand discussion and provide feedback to theprogram coordinator on areas in which thejury may need additional training in order toimprove its functioning.

Adults in the jury room is a controversialissue for teen court programs. Figure 8-3outlines some of the benefits and drawbackscommonly cited when this issue is raised. Ifin doubt about whether this is an appropriaterole for adult volunteers, programs shouldexamine the advantages and disadvantagesand seek input from the youth volunteers.Some youth are adamantly opposed to adultsroutinely observing jury deliberations, whileother youth are not intimidated by it and feelit would solve more problems than it wouldcreate.

Mentors to defendants and to youthvolunteers. In addition to the use ofvolunteers as facilitators for structuredtraining sessions, some programs havematched adult lawyers (or law students) with

youth defense and prosecuting attorneys toserve as mentors and consultants to theyouth. The purpose of the mentorrelationship is to educate youth in the lawand also to provide them with a supportiveperson to turn to for advice and assistance inpreparing and presenting teen court cases.

According to APPA (1994), some programsusing this type of mentor/consultant conceptinclude

Southside Youth Council Teen CourtProgram, Indianapolis, Indiana;

Leon County Schools S.C.A.L.E.S.Project, Tallahassee, Florida;

Osceola Teen Court, Inc., Kissimmee,Florida;

Arvada Teen Court, Arvada,Colorado; and

Aurora Teen Court, Aurora, Colorado.

Educational group leaders. Teen courtprograms that are unable to locate or contractwith agencies in the community for the

Figure 8-3: Pros and Cons of Using Adult Jury Room Monitors

Adult Presence in the Jury Room

Pros

An adult presence may helpmaintain order and reduce thelevel of chaos that can occurduring jury deliberations.

Through observation, an adultvolunteer can identify areasin which jury members mayneed further training.

Since teen court serves aneducational purpose, an adultvolunteer in the jury roomcan respond to questions jurorsmay have concerning legal orprocedural issues.

Cons

An adult presence may inhibitjurors, causing them not toexpress their opinions asfreely.

An adult volunteer mayintervene unnecessarily andunduly influence the jury'sdecision.

The teen court jury is supposedto be modeled after the adultjury process, and letting an adultvolunteer sit in the jury roomwould taint this process.

American Probation and Parole Association t 9 111


provision of educational services for teencourt participants (e.g., counseling, conflictresolution workshops, substance abuseawareness classes) can recruit adultvolunteers with expertise in the desired topicareas to help develop and provide theseservices in-house.

RECRUITING AND SELECTINGVOLUNTEERS

Given the sensitive areas in which teen courtvolunteers will be involved, care should beexercised when recruiting, selecting, andtraining volunteers. This section will provide aframework from which program organizers can

<> define volunteer roles and develop volunteerjob descriptions;

O develop screening and applicationprocedures; and

O develop a recruitment plan.

The development of a volunteer trainingprogram will be discussed later in this chapter.

Defining Roles and Developing JobDescriptionsIndividual programs should be flexible andcreative when analyzing their needs andresources to determine the best use of volunteersfor their program. Once the roles have beendefined, volunteer job descriptions should bedeveloped that outline the duties and tasksrequired for each position. Detailed jobdescriptions can aid recruiting and trainingefforts and also can reduce the likelihood ofmisconduct by volunteers. Sample youth andadult volunteer job descriptions may be found inAppendix F.

Individual programs should be flexibleand creative when analyzing theirneeds and resources to determine thebest use of volunteers for theirprogram.

Developing Screening and ApplicationProceduresBecause of their highly interactive roles,volunteers can have a direct impact on the teencourt program's ability to meet its goals andobjectives. 'Volunteers should be placed inpositions that interest them and that capitalize ontheir unique talents and skills. Carefulconsideration should be given to matchingprogram needs with volunteer skills and totraining volunteers (especially youth volunteers)in deficient skill areas.

Application materials can be developed to helptrack information that will assist teen court staffin matching appropriate volunteers withappropriate tasks. Different applications shouldbe developed for youth and adult volunteers.When developing applications for youth, desiredinformation may include

O name and contact information;

O date of birth and educational level;

O interests and skills;

O employment experience (if any);

O extracurricular activities;

O previous volunteer experience;

O the amount of time and days or evenings forwhich they are available to volunteer; and

O what roles they are interested in performingfor the teen court.

Programs also may want to include a space onthe application for the signature of the youthvolunteer's legal guardian. To enhance futurerecruitment efforts, programs may want to leavespace on the application for volunteers toindicate how they found out about the teen courtprogram. A sample youth volunteer applicationform may be found in Appendix F.

Similar information should be included on adultvolunteer applications as well. It also shouldprovide information necessary to complete acriminal records check (if possible) and provide

I 12 American Probation and Parole Association

1 ) 01.4


the volunteer with an opportunity to report anyfelony or misdemeanor convictions, includingtraffic violations where appropriate. The teencourt program also may wish to provide spacefor volunteers to articulate why they areinterested in volunteering for the program in thechosen capacity. Character references also arean essential component of the application. Someteen court programs may already haveapplications for this purpose that they use withregular personnel. Some volunteers may bedeterred when informed of the procedures;however, teen courts cannot afford to usevolunteers who are going to be a detriment to theprogram. Community standards and norms, aswell as the capacity in which the volunteer willbe used, should determine how each teen courtprogram weighs the importance of each item onthe application (Fulton, Stone, and Gendreau,1994).

Programs also should consider what screeningguidelines are necessary for various volunteerpositions. Screening is of utmost importancewhen recruiting and selecting adult volunteerswho will be interacting with youth. Allvolunteers should complete an application formand, if possible, be interviewed by program staff.It may not be feasible to interview each youthvolunteer formally; however, program staffshould make a concerted effort to get to knoweach volunteer personally.

Whenever possible, the screening process shouldbe designed to allow for an exchange ofinformation. Through this mutual assessment,staff can gain insight into the prospectivevolunteer's attitudes, beliefs, and motives; andthe volunteer can learn about the program'spurpose, procedures, and rules. This type ofexchange can help staff and volunteers identifypotential attitude problems or conflicts ofinterest and can help determine if the volunteeris suited for the particular program. Also,

depending on unique skills and talents ofvolunteers that are revealed during the screeningprocess, new areas and roles for volunteers maybe identified (Isley, 1990).

Programs should strive to recruit andsecure participation from volunteers ofall social, economic, and ethnicbackgrounds.

Developing a Recruitment PlanPrograms should strive to recruit and secureparticipation from volunteers of all social,economic, and ethnic backgrounds. In doing so,however, programs will need to be prepared torespond to this diversity (Carnegie Council onAdolescent Development, 1992). Typically, twogroups that are underrepresented in volunteerservice are males and minorities. Therefore,programs may find it necessary to employspecial efforts to encourage individuals fromthese groups to volunteer (McCarthy andMcCarthy, 1991). An analysis of the breakdownaccording to gender and ethnic origin of the teencourt youth volunteer population based on theAPPA (1994) teen court survey may be found inFigure 8-4. When developing a recruitment plan,programs should (1) evaluate from where theymight be able to draw youth and adult volunteersin their local communities; and (2) determinepossible methods and strategies for recruitingvolunteers.

Places to recruit volunteers may vary somewhatamong communities. Therefore, programsshould take a thoughtful look at thecommunity's resources and solicit input fromyouth and other stakeholders to directrecruitment efforts more efficiently. Figures 8-5and 8-6 give some possible recruitment sourcesfor youth and adult volunteers.

American Probation and Parole Association2 1.

3


Figure 8-4: Gender and Ethnic Origin of Youth TeenCourt Volunteers

Youth Volunteer Popullation

Gender:

Female 58%Male 42%

Ethnic Origin:

White 69%Hispanic 16%African American 10%Other 4%

Source: APPA, 1994

Figure 8-5: Sources for Recruiting Youth Teen CourtVolunteers

Sources for Recruiting Youth Volunteers

O SchoolsO Boys' and Girls' ClubsO YMCAs and YWCAsO Community and recreation centers

O Churches

Source: APPA, 1994

Methods for recruiting volunteers include thefollowing (Fulton, Stone, and Gendreau, 1994):

0 Newspapers. For a general recruiting effort,local newspapers always offer the possibilityof purchasing space for help wantedadvertisements. Another possibility is toprovide the local newspaper with a pressrelease on the program itself and its need forvolunteers. Informing the press of the teencourt program's efforts may spark the interestof a local reporter and provide theopportunity to highlight the program in anarticle.

0 Television and radio. Cable televisionstations have public access channels, andtelevision and radio stations are required to

give time for public service programming.These avenues can be used as a forum forrecruiting volunteers and for providinggeneral education about the teen courtprogram. An added benefit is that theseservices are free to the program.

Figure 8-6: Sources for Recruiting Adult Teen CourtVolunteers

Sources for Recruiting Adult Volunteers

Law offices;Schools and universities:Business associations; andCivic and community organizations; and

4 Retired citizen councils/groups.

Source: APPA, 1994

Schools. The majority of youth in thecommunity are enrolled in area schools;therefore, the teen court program has acaptive audience from which recruitmentefforts can begin. Recruiting methods inschools can include presentations duringschool assemblies, posters placed around theschools, dissemination of teen courtnewsletters, and teacher promotions of theteen court concept in their classes. Youthvolunteers attending the schools can suggestadditional recruitment strategies based ontheir experiences with the school and thestudents and their knowledge of the school'sactivities.

Universities or colleges. Departments atlocal colleges or universities may permit theposting of job announcements on bulletinboards. Some professors may even announcethe opportunity in classes. Collegeemployment services may post theannouncement, as well. These can beinvaluable resources in getting the messageout to an interested population.

Churches and synagogues. Churches oftenhave informational bulletin boards and may


1 9


allow the posting of job announcements.Most churches have bulletins and newslettersto keep the congregation informed of churchactivities. The teen court program staff couldcontact the bulletin and newsletter publisherto see if a volunteer recruitmentannouncement could be included.

Presentations. Presentations should bemade to interested groups such as localschools, civic and social organizations, andprofessional associations. When makingpresentations on the teen court program,efforts should be made to have staff andvolunteers with the program speak. Youthand adult volunteers can attest to theirexperiences with the teen court program on apersonal level, while staff can talk about theoverall purpose of the program and answerany procedural questions that may be asked.

* Word of mouth. Simply through thecontacts made every day, teen court staff andrepresentatives can get the word out thatvolunteers are being recruited. Social serviceagencies and volunteer-staffed organizationsalso should be informed of the teen courtprogram's need for volunteers.

VOLUNTEE T ' AINING ANDDEVELOPMENT

Training is a critical element in any volunteerprogram. First and foremost, training providesvolunteers with the knowledge and skills neededto perform their assigned tasks effectively andefficiently. Volunteers who receive adequatetraining are apt to function better and createfewer problems for the program in the long run(Sigler and Leenhouts, 1985).

Second, training provides volunteers with anopportunity for personal growth and enrichment.Knowledge, skills, and experience gained as aresult of volunteer activities can be transferredto other parts of volunteers' personal andprofessional lives (Fisher and Cole, 1993). This

is of particular importance for teen courts, as amajor goal of these programs is to educate youthon the legal system and to build competencies inyouth that will aid them when confronted withdifficult choices and situations in other aspectsof their lives (e.g., the decision to engage inalcohol and drug use or to drink and drive).Therefore, the significance of the educationalexperience that training opportunities canprovide to youth volunteers in teen courts is justas important (if not more so) as the informationthe training sessions can provide on how tocomplete specific tasks.

...the significance of the educationalexperience that training opportunitiescan provide to youth volunteers in teencourts is just as important (if not moreso) as the information the trainingsessions can provide on how tocomplete specific tasks.

It should be noted, however, that training effortsof teen court programs should not be aimedexclusively at youth volunteers. Because theyare youth programs, teen courts can easilyoverlook the training needs of their adultvolunteers.

This section will discuss issues that should beconsidered when developing an effective teencourt volunteer training and developmentprogram, including

types of and approaches to training;

selection of training content and developmentof training materials;

methods of training delivery; and

logistical arrangements to consider whenorganizing training events.

Types of and Approaches to TrainingTraining should be viewed as an ongoingprocess (Sigler and Leenhouts, 1985). Teencourt programs provide information to and teach


123115


volunteers about the program through a varietyof mechanisms. Learning can occur throughreview of promotional materials (e.g.,brochures) and conversations with othervolunteers and staff, as well as through plannedlearning events (Fisher and Cole, 1993). Thereare three basic categories of training. They areas follOws (Isley, 1990):

Orientation. The main purpose of anorientation session is to provide backgroundinformation about the program, such as theprogram's philosophy, history, and policiesand procedures. Typically, volunteers areprovided information about their roles andreceive clarification concerning therelationship and authority of staff andvolunteers.

Preservice. The purpose of preservicetraining is to equip volunteers withknowledge and skills that will help themperform specific tasks related to theirassigned roles.

In-service. In-service training opportunitiestypically are offered on a periodic basis andare designed to enhance volunteer knowledgeand skills once they have been involved withthe program for a period of time. In-servicetraining also may be used to providevolunteers with additional skills needed fornew volunteer opportunities.

The nature and extent of the training offered toyouth and adult teen court volunteers variesconsiderably among programs. When comparedwith youth volunteer training efforts, there ismuch less emphasis (if any) placed on trainingadult volunteers. According to APPA (1994)teen court survey results, only 59 percent ofprograms provide training for adult volunteers,while 86 percent offer training sessions foryouth volunteers. Adult volunteer trainingsessions for teen courts tend to be short(approximately 1 hour) and can be classifiedmore along the lines of orientation sessions.The amount of training teen court programsprovide to youth volunteers ranges from 1 to

120 hours and can be categorized more often aspreservice and in-service training (APPA, 1994).An innovative approach to training volunteers,used by a teen court program in California thatrequires cooperation of local schools, is found inFigure 8-7.

When developing a volunteer training program,it is of the utmost importance that the trainingprogram be designed and delivered to meet theneeds and maintain the interest of the volunteersinvolved (Sigler and Leenhouts, 1985). For themost part, individuals volunteering for teencourt programs, whether they be youth or adults,have chosen to do so freely. Isley (1990) warnsthat training sessions that are too rigorous arelikely to irritate volunteers. Conversely, trainingsessions that are too casual may leave volunteersfeeling frustrated, anxious, and ill-equipped toperform their assigned tasks. Therefore, the besttraining programs are those that give volunteersskills and attitudes needed to accomplish theirtasks successfully, while simultaneously offeringthe opportunity for learning, inspiration, andpersonal growth (Isley, 1990).

Education and information dissemination canoccur through formal settings such as organizedtraining events and classes, and throughinformal means such as on-the-job training, self-directed activities, and mentoring relationships(Fisher and Cole, 1993; Sigler and Leenhouts,1985). The extent to which informal or formalapproaches to training are used depends partlyon the nature of the volunteer roles or jobs to belearned and the current level of knowledge ofthe volunteers for those tasks. Which approachis most appropriate to use also may beinfluenced by the number of volunteers to betrained, the amount of time available for trainingefforts, and other program activities thatcompete for time and resources (Fisher andCole, 1993).

Selection of Training Content andDevelopment of Training MaterialsThis section will describe briefly the essential

116 American Probation and Parole Association2 4


Figure 8-7: Volunteer Training Through Schools

A unique way of training youth to serve as volunteers in the Placer County Peer Court in Auburn,California, occurs within schools system. A curriculum, entitled the Juvenile Justice Handbook, wasdeveloped by Placer County District Attorney's and Public Defendant's offices, and representativesfrom the courts, probation and schools to support the Peer Court activities. It has been incorporatedinto the ninth grade coursework of all secondary schools in Placer County as a Juvenile Justice Unit.This unit is taught over a 12-day period, with classes lasting 50-60 minutes. It is designed to teachstudents about the various agencies involved in juvenile justice, clarify the rights and responsibilitiesof youth, and provide answers to questions related to laws that impact minors. Through reading andgroup discussions, the youth study topics such as juvenile law, law enforcement, driving rules,contracts, and curfews. Speakers from the community (e.g., police officers, probation officers, judges,district attorneys, public defenders, gang experts, teen court coordinator, and staff from and youthbeing held at the California Youth Authority) are asked to make presentations on the topics related totheir responsibilities and roles in the juvenile justice system. Presentations and discussions, on disputeresolution and conflict management also are provided to help students focus on alternative ways ofresolving differences.

Teachers who will be responsible for teaching the juvenile justice unit in their classroom attend a six-hour in-service training session. They are introduced to the subject matter of the unit through speakersfrom the juvenile justice system. Teachers are encouraged to use the Juvenile Justice Handbook as aguide and to adapt lessons according to the needs of their students' and the community. Suggestions onways various topics can be presented and activities that can be incorporated into the unit (e.g.,assignments on law, careers, mock trials) also are discussed.

By incorporating the issues covered in peer court training sessions into the school curricula, all ninthgrade youth in the community are exposed to the juvenile justice system and to the peer court concept.Youth are not required to participate on the Peer Court after the completion of the unit: however, thisapproach does provide the Peer Court program with a mechanism for recruiting a wide range of youthvolunteers who have the knowledge to begin serving in the various Peer Court volunteer roles.Evening training sessions are held each semester for youth desiring to volunteer for the Placer CountyPeer Court who have not had the benefit of being exposed to the curriculum through the classroom.

There are efforts being made to have this curriculum placed in other secondary school systems withinCalifornia.

Source: Placer County Peer Court Advisory Board, nd

components of designing and developing avolunteer training program, including

O conducting a needs assessment;

O establishing training goals and objectives;and

O selecting training content.

Needs AssessmentAn effective needs assessment process willgenerate information that substantiates the needfor training and guides the development of a

training program. The needs assessment processincludes (1) examining volunteer jobdescriptions to determine the knowledge andskills needed to perform the outlined duties; and(2) assessing the needs, competencies, and skilllevels of volunteers.

The tasks and duties outlined in volunteer jobdescriptions should be analyzed to identifyknowledge and skills needed to perform thevarious volunteer roles efficiently andeffectively (Sigler and Leenhouts, 1985). Forexample, one of the duties required of youth



defense attorneys includes presenting thedefendant's case to the teen court judge and jury.The types of knowledge or skills needed toperform this particular duty include (1) a basicunderstanding of the law in relation to theOffenses targeted for teen court; and (2)knowledge of courtroom and judicial procedure(e.g., when to speak, how to address the court,what types of questions are allowed, when andunder what circumstances an objection can bemade).

In contrast, a youth who is serving as a juror isrequired to listen to the facts of the case anddeliberate with fellow jurors to reach adetermination as to the most appropriatesentence for the defendant. While it is helpfulfor the juror to have a basic understanding of thelaw and courtroom procedure, skills that may bemore relevant to the immediate duty include theability to

listen effectively;

analyze information objectively and fairly;and

manage and resolve conflict when confrontedwith differing opinions among fellow jurors.

Adult volunteer job descriptions also should beanalyzed. As stated previously, understandingthe knowledge and skills necessary for eachposition will make it easier for staff to recruitadult volunteers with the appropriatebackground. However, there still may beoccasions in which adults can benefit fromadditional training, especially those who will beworking closely with youth through theirvolunteer activities (e.g., monitors, teen courtjudges, training facilitators, mentors).

To round out the needs assessment process andoffer a basis for selecting the most pertinenttopics for training, information gained fromanalyzing volunteer job descriptions should beassessed in conjunction with identified needs ofthe youth and adult volunteer population (Fisherand Cole, 1993). Assessing needs is an ongoingprocess; therefore, programs would be wise to

keep a pulse on potential, as well as current,volunteer needs. As volunteers gain experiencein their roles, new needs will emerge that can beconsidered when designing and enhancing futurepreservice and in-service training events.

As volunteers gain experience in theirroles, new needs will emerge that canbe considered when designing andenhancing future preservice and in-service training events.

Fisher and Cole (1993) suggest that volunteerneeds be assessed using such strategies as

surveys and questionnaires;

group discussions;

staff interviews with volunteers; and

observation by staff of volunteerperformance.

More than one method should be used to gainmore accurate and beneficial information.

Establishing Training Goals and ObjectivesA direct outcome of the needs assessmentprocess is the development of training goals andobjectives. Training goals describe the generalpurpose of the training while objectives definethe criteria for training success. Objectivesdescribe what volunteers will know, be able todo, and how their attitudes may be affected as aresult of the training experience. Objectives alsoshould be written to show how performance willbe measured. This can serve as a guide forcourse development, course content,instructional methods, learning opportunities,and evaluation measures. To write effective,practical objectives, training developers mustdistill information from the needs assessmentinto a list of essential skills, knowledge, andcompetencies required for effective jobperformance (Darraugh, 1991). Objectives willprovide direction throughout the training processand ultimately will save time and resources. Anexample of training goals and objectives foryouth teen court jurors appears in Figure 8-8.


1 ° 0


Figure 8-8: Sample Teen Court Volunteer TrainingGoals and Objectives

Long-term goal:

Short-term goal:

Objective 1:

Objective 2:

Short-term goal:

Objective 1:

Objective 2:

To provide knowledge andskills to youth that will aidthem in their role asvolunteer jurors.To increase knowledge ofthe judicial system.80% of volunteer jurors willreceive preserviceinstruction on the operationof the local juvenile justicesystem, laws, and propercourtroom procedure.90% of youth volunteerjurors receiving preservicetraining will pass a teencourt bar exam designed toassess their knowledge ofthe local juvenile justicesystem, laws, and propercourtroom procedures.

To enhance conflictresolution skills.80% of volunteersrequesting to serve as jurorswill receive two hours ofpreservice instruction oncritical and strategicthinking, questioning, andactive listening.All volunteer jurorsreceiving preservicetraining will engage in role-playing, before and afterreceiving training, to assesschange in how they identifyappropriate and viableoptions for resolving theproblems presented in thegiven scenarios. Followingthe training, 85% ofvolunteer jurors will show apositive change in how theycan identify appropriate andviable solutions forresolving conflict.

Selecting Training ContentProgressing from the needs assessment anddevelopment of goals and objectives is theselection of the training content. It is likely thatwhen conducting the needs assessment, anextensive list of needs will be generated. It willnot be feasible for teen court programs toaddress all identified areas (Fisher and Cole,1993). Therefore, programs should prioritizetraining topics according to those that are mostcrucial to volunteer performance anddevelopment. Typical topics featured in youthvolunteer teen court training sessions are listedin Figure 8-9 and a sample youth volunteertraining outline (used by the Colonie YouthCourt Program of the Youth Courts of theCapital Districts, Inc., in Latham, New York)appears in Figure 8-10.

Figure 8-9: Typical Teen Court Training Topics: YouthVolunteers

Typical Youth Volunteer Training Topics

Role of volunteersO Case preparationO Courtroom procedureO Purpose of teen courtO Juvenile justice system

Source: APPA, 1994

While preservice training sessions often coverthe same topics with all youth volunteers atonce, some teen court programs have found ithelpful to cover the basic information with theentire group of volunteers and to then break intosmaller groups according to specific volunteerroles. This approach allows training efforts tofocus on more specific information and skill-building activities applicable to certain roles. Itis through this type of approach, for example,that programs could incorporate information ontopics such as problem solving and conflictresolution into their preservice training sessionsfor teen court jurors. Also, topics related toincreasing life skills generally are developed asworkshops and used as sentencing options for

American Probation and Parole Association 119 -


defendants. To save time and cut costs, as wellas to encourage and facilitate more interactionamong teen court volunteers and defendants,these same workshops can be made available toyouth volunteers as in-service trainingopportunities. A listing of organizations thatproduce or market life skills, prevention, andlaw-related education resources that could beused in training seminars and educationalworkshops can be found in Appendix F.

Figure 8-10: Colonie Youth Court Youth VolunteerTraining Outline

Youth Volunteer Training Outline

Week 1: Introduction and Orientation onColonie Youth Court

Week 2: Overview of the Criminal JusticeSystem

Week 3: Causes of Crime and Goals ofSentencing

Week 4: Effects of Crime on theCommunity and Goals of theCommunity Service Program

Week 5: Prosecution and DefenseFunctions

Week 6: Judicial Functions and JuryForeperson Functions

Week 7: Sample Sentencing HearingWeek 8: Direct and Cross-Examination

and Opening and ClosingStatements

Week 9: Demonstration Hearing byColonie Youth Court Members

Week 10: Mock Youth Court HearingsWeek 11: Mock Youth Court Hearings

Week 12: Question and Answer

Source: S.B. Peterson (personal communication,November 1, 1995)

A typical component of most youth volunteertraining programs is a mock teen court hearing.Mock hearings offer the youth a chance to putinto practice what they have learned in thetraining course. It also can offer youth, who

may be unsure if they are ready to participate inteen court, an opportunity to see how they feelabout assuming certain roles before they make afinal decision.

Mock hearings offer the youth a chanceto put into practice what they havelearned in the training course.

Most adult teen court volunteer training sessionsdescribe adult volunteer roles and focus ongiving information on the mission and goals ofthe program. A few, however, discuss legalliabilities associated with volunteering in youthprograms and educate their adult volunteers onissues related to adolescent development. Thistype of information can be particularlybeneficial to volunteers who will havesubstantial contact with youth. As an example,Figure 8-11 provides an outline of the subjectsdiscussed during a four-hour adult volunteertraining session conducted by the H-E-B TeenCourt Program in Bedford, Texas.

Figure 8-11: H-E-B Teen Court Program - AdultVolunteer Training Outline

Adult Volunteer Training Outline

Mission Statement

Program History and Video Presentation

Adult Volunteer Job Description

Operating Procedures and Forms

Code of Conduct and Liability

Adolescent Development

Inventory of Attitudes and Behaviors

Teen Volunteer Job Descriptions

Teen Training Outline

Source: H-E-B Teen Court Program, nd

Training MaterialsMost teen court programs have developedvolunteer training manuals. The vast majority of



these manuals are for youth volunteers.Common handouts and information found inthese training manuals include

volunteer job descriptions;

a brief description of the sequence of eventsduring a teen court hearing;

a script that outlines the courtroom protocolto be followed;

definitions and explanations of the types ofoffenses being targeted for the program;

sample questions attorneys and jurors may ormay not ask defendants;

sample sentencing options;

sample forms used by the program; and

a glossary of criminal justice terms.

Some teen court programs develop moreextensive training materials and manuals fortheir volunteers. For example, the Youth Courtsof the Capital Districts, Inc. Training Manual,developed by Spina and Homer (nd), includes asection on the impact and consequences of crimeon victims, the community, and the justicesystem.

Training materials developed for and provided tovolunteers should be

relevant to their needs;

concise; and

contain resources that summarize or illustrateinformation presented during the trainingseminar.

Volunteers can refer to this type of resourcelater, as needed, when performing their roles.Several steps should be followed whendeveloping training materials. To begin, thecontent areas should be researched; andinformation should be gathered, synopsized, andorganized in such a way that is useful to andeasily understood by volunteers. Once initial

materials are drafted, programs should considerhaving them reviewed by volunteer attorneys,judges, and teachers to ensure information isaccurate and written at an appropriate level forthe age and learning abilities of the volunteersbeing trained. When feedback is obtained, thematerials should be revised, formatted, andprinted for use.

Methods of Training Delivery

Characteristics of Youth LearnersYouth bring a variety of cognitive information-processing habits or preferences to new learningsituations (Curry, 1990). Cognition refers to theway people acquire and process knowledge. Itoccurs through perception, reasoning, orintuition. According to Piaget's classifications,youth think in concrete terms. They learn todeal with the properties of real objects and therelationships among them. Adolescents movefrom concrete thinking to the stage of formaloperations, which includes the ability to thinkhypothetically and reason deductively. As thesecognitive skills increase, adolescents can thinkin terms of possibilities and can approachproblem solving in a more logical way, thusincreasing their imaginations and flexibility(Conger and Petersen, 1984, as cited in Croweand Schaefer, 1992).

Cognitive development during adolescence alsoincludes maturation of a future time perspective.For younger children, and often for those inearly adolescence, imagining a future that isvery different from the present is difficult.However, as they develop, adolescents'orientation toward future events becomes morepronounced, often resulting in contemplation ofcareers and future relationships (Conger andPetersen, 1984, as cited in Crowe and Schaefer,1992).

Cognitive development in adolescence variesgreatly from one individual to another. It doesnot occur suddenly, as physical growth oftenappears to do. Rather, it may take several years



for some adolescents to achieve maturecognitive development; others may never reacha maximum level of development (Crowe andSchaefer, 1992).

Characteristics of Adult LearnersAs in the case of youth, there will be bothsimilarities and differences among adultvolunteers that will influence the way in whichthey learn and process information. Trainingprograms must respect the needs and abilities ofadult learners and must be flexible to meet theirlearning needs. Characteristics that are sharedby adult learners include the following(Adelson, Watkins, and Caplan, 1985;Brookfield, 1986; Knowles, 1970; Knox, 1977;Rogers, 1986):

Adults are engaged in lifelong learning.Growth and development is dynamicthroughout the life cycle, and learning doesnot stop when one completes formaleducation courses. Adult learning may beplanned or unintentional, but adults oftenseek learning opportunities that they perceiveare needed to help them in their careers or tosolve particular problems they areencountering.

Adults enter learning situations with pastexperiences, values, and self-identity.Previous experiences influence self-identityand values formation. Experiences related tothe content of the training program orexperiences with earlier educational episodesmay affect the perceptions of the trainees.However, unlike children with limitedexperiences and self-identity, pastexperiences will be a strong factor ineffective training delivery and must not bediscounted by trainers.

Adults have specific intentions whenapproaching learning situations. Adultscan define their needs related to work,family, social roles, civic responsibilities, orlife crises. They tend to be self-directed andwant to learn information and skillsapplicable to these self-defined needs.

Adult learners are confronted withcompeting interests. The multiple roles andresponsibilities adults face often vie for theirtime and interest in participating in trainingprograms. Instructional programs are justone of many realities for adults, includingjobs, families, social life, and civicresponsibilities.

Although, there are a variety of methods ofteaching that can be used to bring aboutparticular kinds of learning (Joyce and Weil,1986), it is not the intention of this Guide todiscuss these models at length. Suffice it to saythat teen court program organizers shouldunderstand and be aware that youth and adultvolunteers will vary considerably in the waysand speeds at which they learn and processinformation. It is important to be sensitive toand cognizant of these differences and to be ableto adapt and use a variety of training styles andtechniques that provide opportunities for bothindividualized and group learning experiences(Fisher and Cole, 1993).

Training Techniques and MethodsVolunteers will avoid training sessions that areboring and irrelevant to their needs. Therefore,the manner in which the training is deliveredshould be designed to meet the needs andmaintain the interest of the volunteers (Siglerand Leenhouts, 1985). Also, persons tend toretain more information when it is receivedthrough more than one sense, such as sight andsound (Fisher and Cole, 1993).

Volunteers will avoid training sessionsthat are boring and irrelevant to theirneeds.

Fisher and Cole (1993), offer the followingsuggestions for selecting training techniques:

The technique should be appropriate forachieving the objective.

O The technique should be feasible, given thesize and characteristics of the group, thephysical setting, and time available.

122 /30 American Probation and Parole Association


O The technique should provide for activeparticipation by the trainee.

O A variety of techniques should be employed.

At times, the objective of the training may be topass on knowledge about a particular subject(e.g., the structure of the local juvenile justicesystem, the philosophy of the teen courtprogram). According to Fisher and Cole (1993),training techniques to impart knowledge include

O lectures;

O interviews;

O films, videos, and slides;

0 panel discussions; and

O dramatic presentations.

Other times, training may be aimed at teaching anew skill, a new behavior, or assistingvolunteers in changing attitudes, values, andopinions. The focus may be on teaching thevolunteers how to perform a particular task (e.g.,bailiff's and clerk's duties) or on teaching thevolunteer to exercise appropriate judgment inresponse to a problem or situation (e.g., jurydeliberation). Fisher and Cole (1983) note thatthe following types of training techniques can beused to facilitate learning in these types ofsituations include

O case studies;

0 games;

0 group discussions;

O role-playing;

O simulations;

O coaching and demonstrating;

0 sensitivity groups; and

0 values-clarification exercises.

In addition to more formal training events, itshould be recognized that volunteers can learngreat deal from each other "on the job." It is

through these types of experiences that much ofthe learning will occur, and the continuedenhancement of knowledge and skills impartedduring formal training sessions will be realized.For example, one approach may be to pair newvolunteer teen court attorneys with moreseasoned teen court volunteer attorneys untilthey become more comfortable performing theirroles independently. Another approach,employed by the Southside Youth Council TeenCourt Program in Indianapolis, Indiana, is to usethe time between hearings (while the jury isdeliberating) for teen court staff and volunteersto offer constructive feedback to the teen courtattorneys on their performance.

Location and Logistical Considerations

Determining When, Where, and How Often toConduct Training SessionsOnce programs have decided what type oftraining sessions are needed, they shoulddetermine when, where, and how often trainingsessions will be held. Questions to considerinclude the following:

How many volunteers (youth or adult) needtraining?

What types of time constraints (e.g.,extracurricular activities, jobs) do the variousvolunteers face?

Will all volunteers receive training on thesame topics, or will certain topics be aimed atspecific types of volunteers?

What types of space and training tools areavailable for training sessions?

What resources are available for training(e.g., money, facility, equipment)?

Excellent places in which to hold teen courttrainings include schools and courtrooms.Typically, schools have a room (e.g., auditorium,gymnasium, cafeteria) that can be used to train a

a large group, as well as classrooms that can beaccessed for small-group work. Schools also


123


have ready access to training tools such asoverhead projectors, chalk or dry-erase boards,and video cassette recorders.

The courtroom is where much of the volunteers'activities will take place. Therefore, holdingtraining sessions, or at least a portion of thetraining (e.g., mock hearings), in the courtroomallows volunteers a chance to become familiarwith and accustomed to that setting.

In-service training sessions and orientation forteen courts typically are offered on an as-needed basis throughout the year. Preservicetraining programs for teen courts, which aremore extensive and take place over severalweeks, generally are offered annually orsemiannually and are scheduled aroundsignificant events during the school-yearcalendar (e.g., shortly after school begins, afterChristmas vacation).

Selecting Training FacilitatorsAnother major decision to be made whendesigning a training program concerns who willbe responsible for delivering the training. Manyteen court programs call upon the expertise oflocal attorneys and judges to help trainvolunteers on the legal system and procedures.Depending on the topics being discussed, localteachers, criminal justice professionals, andsocial workers also may be effective presenters.Youth volunteers who have been volunteering invarious capacities with the program also can beasked to participate as facilitators duringtraining events. They can discuss their personalexperiences with the program and provide newvolunteers with a more accurate view of what toexpect.

EVALUATING THE TRAINING

To ensure that training sessions are meetingvolunteers' needs, training participants shouldbe asked to complete a postsession evaluationconcerning their satisfaction with variousaspects of the training program and the

usefulness of the training materials. Commentsalso should be solicited about the most helpfulaspects of the program and recommendedchanges. Program staff and facilitators alsoshould have an opportunity to provide feedbackrelative to any positive aspects of the trainingand changes they deem necessary. Thisinformation should be compiled and analyzed byprogratil staff and training facilitators to helpguide the planning of future training sessions.

Also, as a means to help staff determine if youthunderstand the material that has been presentedduring the training sessions, some teen courtprograms, such as the Anchorage Youth CourtProgram in Alaska, develop and administeryouth court bar examinations. Theseexaminations can give staff an idea of whetherthe youth have instilled the basic knowledgeneeded to perform their roles. However, itshould be noted that some teen courtcoordinators choose not to administer youthcourt bar exams because they feel it mayeliminate from the volunteer experience youthwho do not test well or who have learningdisabilities.

SUSTAINING VOLUNTEERSUPPORT

The time involved in finding and training goodvolunteers makes it imperative that programsdevelop strategies for combatting the problem ofattrition. Volunteers need to feel that they aremaking a significant contribution to the programand that they are valued; otherwise, they maydrop out of the program and find other ways touse their spare time. Also, volunteers talk totheir friends and families about the programs forwhich they volunteer. Satisfied volunteers canprovide teen court programs with a means forgood publicity for the program. Therefore, tofoster and maintain support and positiverelationships, programs need to promote involunteers a sense of ownership in the programand to develop strategies for showingappreciation to volunteers.

124



Youth will be more likely to feelownership of a program if they helpcreate it and have an active voice inhow it operates.

As the Carnegie Council on AdolescentDevelopment (1992, P. 78, emphasis added)states in A Matter of Time: Risk and Opportunityin the Nonschool Hours, "Young people say theywant to belong to a valued group of peers, inpartnership with respectful, caring, committedadults." Youth will be more likely to feelownership of a program if they help create it andhave an active voice in how it operates. As hasbeen suggested throughout this Guide, inputfrom youth should be sought on all levels ofprogram development, implementation, andoperation. It is equally important for programsto act on the input received from youth. Theopinions and suggestions of youth should beacknowledged by program staff and, wheneverpossible, an explanation should be given whentheir suggestions cannot be implemented.

After the training sessions have been completed,many teen court programs conduct "swearing-in" ceremonies for youth volunteers. Thispractice offers volunteers a chance to berecognized in front of their friends and families,as a judge administers a charge and oath thatexplains and affirms their duty andresponsibilities as teen court volunteers.Guidelines for preparing for swearing-inceremonies appear in Figure 8-12.

For the most part, for adult volunteers to becomeinvolved and stay involved, they must see apersonal or community need that will beaddressed by their involvement. It is importantthat volunteers be assigned meaningful tasks thatinterest them and allow them to use their uniquetalents for the betterment of the program and thecommunity (National Crime Prevention Council,1986). Once adults express an interest involunteering, efforts should be made to get them

involved as quickly as possible. If a long periodof time elapses between the time interest isexpressed and action is taken, volunteers mayfeel the program does not need their assistanceor may find other ways to occupy their free time.Additional strategies for encouraging volunteerparticipation and increasing volunteercommitment as outlined by Isley (1990) arelisted in Figure 8-13.

Figure 8-12: Guidelines for Preparing for Swearing-In Ceremonies

Guidelines for Preparing for Swearing-inCeremonies

The Court Community Relations/LawRelated Education Division (1995) of theKentucky Administrative Office of the Courtssuggests that programs do the following inpreparation for swearing-in ceremonies:

O Establish the date, time, location of theceremony. Verify this information withthe judge.

O Select and verify speakers (e.g., youth,teen court staff, judge, mayor).

Invite all members of the teen courtadvisory board to attend.

Prepare certificates to be presented toyouth volunteers.

Plan and order refreshments to beserved following the ceremony.

Prepare a program or bulletin for theceremony. (See Appendix F for asample.)

O Prepare and have available a copy of theCharge to Teen Court Members, TeenCourt Oath, Teen Court Coordinator'sOath, and the Confidentiality Oath forthe judge to read during the ceremony.(See Appendix F for samples.)


125


Figure 8-13: Strategies for Increasing VolunteerParticipation and Commitment

Strategies for Increasing VolunteerParticipation and Commitment

Allow volunteers to have a voice indesigning procedures.

Allow volunteers to take part inorganizational decision making.Encourage volunteers to examine,express, and act on their values.Provide forums in whichvolunteers can discuss ideas,opinions, and feelings.

Encourage and appreciate diversity.

Encourage formation of informalvolunteer support groups.Interview volunteers periodicallyabout their personal motivations,goal, and feelings.

Reward volunteers participationwith feedback.

Source: Isley, 1990

Figure 8-14: Volunteer Appreciation Strategies

Volunteers also should be shown how theircontributions are helping the program. Seeingpositive results of their efforts will remindvolunteers why they got involved in the programand may help motivate those who becomefrustrated with their tasks. This feedback canbecome especially important for volunteers whoare working "behind the scenes" (e.g.,fundraising) and may not have many, if any,opportunities to see the day-to-day operations ofthe program or interact with its participantsdirectly. Some possible strategies forshowcasing program success include

O sharing success stories (e.g., during meetings,during one-on-one conversations withvolunteers, through newsletters);

inviting volunteers to attend teen courtsessions; and

O creating opportunities for adult and youthvolunteers to interact informally (e.g., socialevents).

Finally, people want to feel valued andappreciated for their efforts. Therefore, to helpmotivate and sustain volunteer support and

Ways of Showing Appreciation and Providing hitcentives for Volunteer Participation

Youth Adults

Promotional items (e.g., pens, mugs,t-shirts)

0 Promotional items (e.g., pens, mugs,t-shirts, watches)

Certificates CertificatesThank-you cards Letters of appreciationReceptions, banquets Receptions, luncheonsScholarships Media recognitionEducational/community service Community service credithour credits PlaquesRecommendation letters Gift certificates from area businessesParticipation in special events(e.g., state conferences)Social activities (e.g., pizza parties,midnight bowling, sporting events)

Source: APPA, 1994

126



commitment to the program, volunteerrecognition should be seen as an integral andplanned part of the program (ACTION, nd). Inthe APPA (1994) teen court survey, programswere asked to indicate ways they showedappreciation and what incentives they offered tovolunteers. A synopsis of their responses maybe found in Figure 8-14.

CONCLUSION

Essentially, teen court programs are volunteerprograms. The needs and strategies identified inthis chapter provide the means for staff andprogram developers to begin thinking about themany ways in which they can use, recruit, andtrain volunteers for their involvement in the teencourt program. An efficient and effectivevolunteer force will help teen courts accomplishtheir goals and become a valued asset to theircommunities.



CHECKLIST FOR USE, ECRUITMENT, ANDTRAINING OF VOLUNTEERS

Have teen court program organizers or program staff

Defined volunteer roles?

Determined which youth volunteer roles are necessary for the teen court program modelchosen?

O Determined which adult volunteer roles are necessary for the teen court program modelchosen?Identified additional roles/positions that can be filled by youth volunteers?

U Identified additional roles/positions that can be filled by adult volunteers?O Developed volunteer descriptions for each volunteer role/position?

Developed volunteer application forms and a screening/selection process?

O Identified relevant and pertinent information needed for contacting volunteers and formatching volunteers to appropriate roles/positions?

O Identified what types of volunteers should be interviewed by program staff prior toparticipating in the program?

O Established a policy that outlines the criteria upon which certain volunteers will bescreened?

U Developed a recruitment plan?

O Identified sources in the community from where youth volunteers can be recruited?DI Identified sources in the community from where adult volunteers can be recruited?U Determined ways in which underrepresented groups in volunteer service (i.e., males,

minorities) can be recruited?01 Determined recruitment methods and strategies that will be used (e.g., newspapers,

television and radio, schools, universities, churches, presentations, word of mouth)?

O Developed a volunteer training program?

Identified the types of volunteer training to be offered to youth and adult volunteers (e.g.,preservice, orientation, in-service)?Determined the amount of training (i.e., number of hours) that youth volunteers willreceive prior to participating in the program (i.e., preservice training)?

LI Determined the amount of training/orientation adult volunteers will receive prior toparticipating in the program?Determined what additional training and skill-building opportunities will be available forvolunteers after their initial training (i.e., in-service training)?

U Identified the needs and interests of the volunteers?U Identified the knowledge and skills needed to fulfill the volunteer roles (based on the job

descriptions)?


1.36


D Determined the goals and objectives of the training?O Identified the topics to be covered in the preservice training for youth volunteers?O Identified the topics to be covered in the preservice training for adult volunteers?O Determined whether volunteers will receive training on the same topics at the same time,

or whether volunteers will be trained in groups according to the skills/knowledge neededfor their selected volunteer roles?

U Assured that topics of training are relevant and useful to volunteers?Provided an opportunity for on-the-job training for volunteers (e.g., pairing with moreseasoned volunteers)?

rj Developed a volunteer training manual that provides volunteers with useful informationthat they can use as a reference throughout their participation in the program?

U Identified training facilitators?O Identified various techniques and training methods that can be used to present training

topics (e.g., lecture, case studies, role-playing)?U Determined where the training session will be held?O Determined when training sessions will be held?O Determined how often training sessions will be held?O Developed a mechanism for evaluating how well the training meets the needs of the

volunteers?

U Developed strategies for sustaining volunteer support and commitment?

U Established mechanisms for recognizing volunteer efforts?U Established a means for evaluating whether volunteer needs are being met by the

program?Developed strategies for giving volunteers a voice in decisions affecting the program?

Li Developed incentives for volunteer participation?


137


CHAPTER 9

EXAMINING HUMAN AN) FINANCIAL RESOURCEISSUES


138


INTRODUCTION

In addition to the many decisions to be made indeveloping and implementing a teen court, twocritical issues must be resolved. These issuesconcern how the program will be staffed andhow necessary funding will be attained.

There is an increasing awareness and interest inteen courts across the country as evidenced bythe growing number of communitiesimplementing them. Also, national and federalprograms and agencies (e.g., AmericanProbation and Parole Association [APPA],National Highway Traffic Safety Administration[NHTSA], Mothers Against Drunk Driving[MADD], American Bar Association [ABA]) arepromoting and advancing the concept of teencourt. During a recent meeting of the YoungLawyers Division of the ABA, a resolution wasapproved that "encourages state legislatures andstate court systems, in conjunction with stateand local bar associations, to support and assistin the formation and expansion of youth courtsin their communities." (ABA, SpecialCommittee on Citizen Education, 1995). It is upto teen court programs to capitalize on thisinterest to secure necessary human and financialresources for the program.

At the conclusion of this chapter, programorganizers should be able to

O determine qualifications needed for teencourt staff;

* develop a detailed job description and hiringplan; and

O determine possible in-kind and monetaryfunding sources for teen court programs.

STAFF SELECTION PROCESS

Mistakes in hiring can be very costly in terms ofmoney, time, and program success; therefore, itis important to be cautious when selectingappropriate staff for the teen court program. To

begin, program developers should

decide the best means for staffing theprogram;

determine the duties the staff person willperform and the qualifications necessary tofulfill those duties;

institute a method for evaluating staffperformance; and

examine how the program will promote jobsatisfaction and professional development.

Mistakes in hiring can be very costly interms of money, time, and programsuccess; therefore, it is important to becautious when selecting appropriatestaff for the teen court program.

Determining How the Program Will BeStaffedTeen courts have many moving parts and dependheavily on volunteers. However, someone mustbe designated to coordinate the operations andservices of the program to ensure programaccountability. The manner in which teen courtprograms are staffed differs among jurisdictions.Teen courts must examine their unique needsand resources to determine the most effectiveand efficient way to meet the demands of theprogram. The following types of questionsshould be examined:

How many positions, minimally or optimally,are needed to staff the program?

Should the program fill positions with part-time or full-time employees?

Should the coordinator position be a paid orvolunteer position?

Answers to these questions will be driven byworkload and resource issues such as types ofduties required; number of referrals anticipated;amount of funding available; and the extent ofcommunity, board, and management


1 3 9


involvement in day-to-day tasks and operationsof the program. Program staffing should berevisited periodically as the program grows andas those managing the program experience thedifferent types of demands being placed on theirtime.

The vast majority of teen court programsemploy paid staff to manage the program;however, a few programs rely on volunteers tostaff and manage the program (APPA, 1994).Figure 9-1 explains how teen court programs inKentucky use volunteer staff. Advantages tousing volunteer coordinators include minimizingcosts of the program, strengthening communityties with the program, and offering valuablework experience to those who volunteer in thiscapacity. However, finding appropriatevolunteers for management positions can betime-consuming and may require extensivetraining and support, which ultimately someonemust oversee.

Figure 9-1: Kentucky's Use of Volunteer Staff

As of September 1995, there are eight teencourt programs in Kentucky, seven inwhich fall under the auspices of theAdministrative Office of the courts (AOC).AOC employs one full-time Teen CourtProgram Manager who oversees theimplementation and operations of the teencourts. Each teen court is staffed by avolunteer coordinator(s) who handles theday-to-day operations of the program. Inthe majority of locations, the volunteercoordinators are master-degree-levelstudents studying criminal justice or arelated field. Although not an ideal solutionin light of the fact that volunteercoordinators may change on a yearly basis,this option has afforded Kentucky theopportunity to implement more teen courtprograms throughout the state with fewerfinancial resources.

The success of teen court programs hinges onthe relationships built among staff, defendants,volunteers, and the community. Therefore, staffshould be selected with longevity in mind(Crowe and Schaefer, 1992). Without anincentive such as a paycheck, it may be moredifficult to maintain staff's commitment to andinterest in the program.

The success of teen court programshinges on the relationships builtamong staff, defendants, volunteers,and the community.

Determining Job Duties and QualificationsTeen court managers and coordinators areresponsible for a wide range of duties requiringdiverse skills and experience. A thorough andspecific job description should be developedoutlining the responsibilities of the position (seeFigure 9-2). A job description indicates thepurposes and objectives of the job and alsospecifies the procedures: what is to be done,how it is to be done, and under what authoritythe job is placed (Beatty et al., 1994). Based onthe job description, the duties and tasks requiredshould be analyzed to determine thebackground, skills, and experience necessary foraccomplishing the objectives successfully (seeFigure 9-3). The range of skills expected of jobcandidates will be a function of the diversity andpriority of services offered by the program(Beatty et al., 1994).

Because of the important role that teen courtstaff play in the lives of youth who participate inthe program, it is recommended that staff havean understanding of adolescent development andhave experience working with youth, includingyouth with problem behaviors. Many teen courtparticipants (volunteers and defendants) maycome from dysfunctional families where theyare given no attention, predominately negativeattention, or very inconsistent attention. Theseyouth have learned to distrust the adults in their



lives. It often takes time before high-risk youthare able to open up and respond to adults, yetadults who work with youth must consistentlybe responsible and positive role models. Youngpeople should be encouraged and empowered totake ownership and responsibility for as much ofthe development and operation of the teen court

Figure 9-2: Sample Teen Court Coordinator Job Description

program as possible. To allow for this, programstaff should be able to assume the role of mentorand resource person, rather than director, whenappropriate (National Crime Prevention Council,1989). This often is not an easy transition foradults to make. Suggestions offered by theNational Crime Prevention Council to aid

Teen Court Coordinator

DEFINITIONTo manage and direct the overall activities of the teen court; to recruit, train, and supervise youthand adult volunteers; and to develop and coordinate community support for the program.

DUTYDuties may include, but are not limited to, the following:

Interview juvenile offenders to determine their eligibility to enter the teen court programand refer eligible or ineligible youth to appropriate resources for counseling, as necessary.

Recruit, train, and supervise youth and adult volunteers.

Assist in the development, planning, and implementation of the goals and objectives ofthe teen court program.

Develop and coordinate community work placements for the purpose of allowingdefendants to work off "sentences."

Supervise and participate in the development of the budget for the teen court program.

Respond to and resolve difficult and sensitive citizen inquiries and complaints.

Communicate with representatives of the referring agencies to teen court.

Oversee docket scheduling, trials, and case dispositions to ensure proper court proceduresare followed.

Perform public relations activities such as representing the teen court to youth groups andcivic organizations.

Maintain records and perform general administrative and clerical duties.

Perform related duties as assigned.

Source: Irving Teen Court Program, nd


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Figure 9-3: Sample Teen Court Coordinator's Qualifications


QUALIFICATIONS

Knowledge of

O Principles of supervision and training

O Organizational and management practices as applied to the analysis and evaluation ofprograms, policies, and operational needs

0 Modern office procedures, methods, and computer equipment

O Principles, practices, and techniques of records retention

O Counseling techniques

O Juvenile statutes and courtroom procedures

O Principles and procedures of recordkeeping and report preparation

O Local social services

O Pertinent federal, state, and local laws, codes, and regulations

Ability to

O Develop and maintain a positive public image and support for the diversionary courtprogram.

Recognize drug and alcohol abuse symptoms.

O Organize, direct, and implement a comprehensive teen court program.

0 Select, supervise, and train volunteer staff.

0 Analyze problems, identify alternative solutions, project consequences of proposedactions, and implement recommendations in support of goals.

O Prepare and administer a budget.

O Communicate clearly and concisely, both orally and in writing.

0 Respond to requests and inquiries from the public concerning the teen court program.

0 Establish and maintain cooperative working relationships with those contacted in thecourse of work.

0 Counsel and provide guidance to individuals and respond to situations that are of asensitive nature.

0 Maintain detailed records.

Source: Irving Teen Court Program, nd



staff in making this transformation appear inFigure 9-4.

Figure 9-4: Guidelines for Building a PartnershipBetween Staff and Youth

Guidelines for Building a PartnershipBetween Staff and Youth

Stress and collaborative nature of theprogram from the beginning, in the needsassessment and design stages.

Move to action as quickly as possible.

Teach and guide teens as the programproceeds - don't withdraw when theactivities get under way.

Get to know each teen in your programand listen to each one's opinions,concerns, ideas.

Help teens to secure communityresources and support.

Provide opportunities for teens to reflecton an evaluate their experiences with theprogram.

Reward and recognize personal growthand other accomplishments.

Demonstrate response for teens' abilitiesand contributions.

Whatever leadership style you adopt, beappropriately consistent.

Source: National Crime Prevention Council, 1989

Staff also should have experience working in thecriminal justice system or a related field andhave solid administrative and managementskills. Because funding for teen court programsis typically a critical issue, it would be helpful toemploy persons with knowledge about orexperience in fundraising. Overall, teen courtstaff should be flexible and able to adapt tochanging needs, priorities, and tasks.

Recruiting and Hiring StaffStaff may be recruited in a number of ways:newspaper advertisements; ads in professional

newsletters; postings in university departmentsand placement offices; through local, county, orstate government channels; or word of mouth.For programs being developed within existingagencies or organizations, internal job postingsalso may be used to advertise the new positionto present employees (Beatty et al., 1994).

When using an advertisement to recruitapplicants, it should be as specific aboutprogram positions and requisites as space andcost will allow. If ads are too vague, they willattract unqualified and uninterested applicants.Multiple sources of data should be sought for apreliminary screening of candidates, such as

a cover letter;

a resume;

an application form; and

letters of reference.

In addition, programs may want to examinecertifications and transcripts. During the initialstage of the hiring process, candidate profilescan be developed from this information, whichwill consist of several categories of items:candidates' specific qualifications to meet jobrequirements, education, experience, knowledge,skills, abilities, and previous training. Severalpersons (preferably those who are or will beworking in the program) should reviewcandidates to offset purely subjectiveimpressions or personal preferences ofindividual screeners (Beatty et al., 1994).

The employment interview is the mainstay ofthe hiring process. A clear and concise protocolshould be developed in advance of actualinterviews. If different persons will beinterviewing candidates, a structured interviewschedule will ensure a standardized format ofquestions. According to Beatty et al. (1994),each question asked should achieve a specificpurpose, including the determination of

the relevancy and transferability of thecandidate's prior work experience;


143


the candidate's general temperament,maturity, reasoning ability, and emotionalstability;

how the applicant would behave in situationsencountered in the position;

the applicant's motivation for seeking the joband long-term goals in the position;

the candidate's interpersonal and verbalcommunication skills; and

the applicant's expectations regarding theposition and its duties.

Evaluating Job PerformanceTo help ensure staff accountability, aperformance appraisal system should bedeveloped to assess staff activities and progress.A typical performance appraisal system isconsists of a standard set of behavior-basedcriteria, which serves as the basis for evaluation.Different criteria should be established fordifferent program positions and constructed withthe input of the staff to be evaluated (Beatty etal., 1994). These criteria should be consensualand be tied directly to daily job duties andanticipated results of the program.

Staff performance should be assessed at leastonce per year relative to how well they meet theestablished criteria. Performance can be rated atthree levels: exceeds expectations, meetsexpectations, or falls below expectations (Beattyet al., 1994). The staff member's previousstanding on the criteria becomes a point ofdeparture for each successive evaluation.Hence, the focus is on change in the staffperformance both overall and specific (Beattyet al., 1994). Example process and outcomeperformance criteria can be found in Figures 9-5and 9-6. More detail on evaluation are given inChapter 10.

Promoting Job Satisfaction andProfessional DevelopmentThe Carnegie Council on AdolescentDevelopment (1992) states that many youthservice programs experience a high rate of staff

Figure 9-5: Example Performance Criteria Process

Example Performance Criteria (Process)

Completes defendant intake interviewsand dockets cases in a timely manner.Makes appropriate referrals to addressclient needs.Educates teen court volunteers toprepare them to perform their roleseffectively and efficiently.Maintains communication andcoordination with referral agencies.Organizes and participates in activitiesto promote awareness andprogrammatic and financial support ofthe program.

Figure 9-6: Example Performance CriteriaOutcome

Example Performance Criteria (Outcome)

70% of defendants (charged with analcohol/drug offense) who complete thefour-week substance abuse programwill show a positive change inknowledge and attitude concerningalcohol/drug use.

90% of youth volunteers willsuccessfully complete a teen court barexam.

40% of the annual operating budget forthe program will be secured throughgrants.

turnover because of low staff salaries andinattention to staff development. Althoughsalary often is the most difficult area of jobsatisfaction to address because of state andfederal funding guidelines (Fleischer, 1985),programs should make all efforts to obtainadequate funding to support the personnel andoperating costs of teen court programs. TheCarnegie Council on Adolescent Development(1992) also suggests that insufficient funding for

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youth service programs leads to organizationalinstability, which in turn may contribute to thelack of dependable relationships among youth,staff, and volunteers. Funding issues will bediscussed in more detail later in this chapter.

Staff relationships with defendants, volunteers,and the community are established and solidifiedover time. Employee dissatisfaction can have anegative influence on staff-youth relationships.Discontented workers may find it even moredifficult to cope with the built-in stress of theposition, which can have a negative impact onjob performance. Therefore, programs shouldhire staff with longevity in mind and attempt todevelop strategies for maintaining staffcommitment and decreasing staff burnout.

The needs of youth participating in teen courtsare complex. Teen court staff must bring anassortment of qualificationsto the field. Animportant step in increasing the professionalismof the job is to provide opportunities forprofessional development and support to teencourt staff. Providing employees with tools todo their job well is the essence of professionaldevelopment. Efforts must be made to help staffmanage the stress of their jobs so they canprovide the kind of service inherent to teen courtprograms.

To show support for staff development,programs should earmark funds for staff trainingand professional development. Because teencourt programs are small, staff often must relyon external sources for support and professionaldevelopment. A variety of avenues can beaccessed. For example, several states (e.g.,Texas, Florida, Colorado, New Mexico) haveorganized statewide teen court associations toprovide networking and training opportunities toteen court staff. There also are efforts toestablish a National Teen Court Association toprovide these same opportunities on a largerscale. In addition, national organizations such asAPPA and the ABA offer training and technicalassistance to professionals and agencies on teen

court issues and related topics in the juvenilejustice field (e.g., law-related education).

FUN1 ING

Funding for most teen court programs istenuous, and many report that it is a constantstruggle to obtain adequate funding (APPA,1994). The degree of funding needed may vary,depending on whether the program isadministered and operated by an existingorganization (e'.g., probation department, policedepartment, juvenile court) or whether it isformed as a private nonprofit agency. Programsoperating within an existing organization mayhave a slight advantage in that they can perhapsbe incorporated in the overall budget of theorganization, whereas teen courts operating ontheir own as nonprofits more likely will have tobegin at ground zero.

The need for community involvementand support for teen court programs ingenerating funds cannot be overstated.

The need for community involvement andsupport for teen court programs in generatingfunds cannot be overstated. It is vital thatprograms identify and access the knowledge andcontacts that stakeholders and others in thecommunity have to identify and secure resourcesto implement and operate the program.

Fundraising can be a time-consuming task, andtypically, teen court coordinators have manyduties that compete for their time and energy.Program staff are less likely to be frustrated ifthey have board and community support andassistance in raising funds. One way to harnessvolunteer commitment and support in generatingresources is through the formation of afundraising committee. This type of committeeshould consist of individuals who haveexperience in this area or have contacts withpossible donors and funding agencies. Also,persons on this committee should understand



and buy into the vision of the program and havea personal commitment to seeing the programsurvive and thrive.

To help motivate and keep those involved infundraising roles on task, a funding plan shouldbe developed to keep volunteers interested andinspired (Nichols, 1991), such as

sharing success stories of the program atcommittee meetings;

showing videos of the program in action; and

inviting and encouraging volunteers to attendcourt sessions.

Determining Costs of ProgramIn part because of the high level of volunteerand community support and involvement, teencourt programs can be relatively inexpensive tooperate. Respondents to the APPA (1994) teencourt survey reported annual operating budgetsranging from $800 to $95,000, with an averageannual budget of $32,668. Program developersshould analyze their needs and determine what itwill take in terms of funding and other resourcesto reach program objectives (Nichols, 1991).Some potential costs to consider include

personnel costs (e.g., salary, fringe benefits);

staff travel (e.g., training, networkingopportunities);

supplies and services (e.g., photocopying,postage, telephone, computer, officesupplies); and

office space (e.g., rent, utilities, repairs).

Both monetary and in-kind support and servicesshould be considered when conducting thisanalysis.

Determining In-Kind Support and ServicesOne way to help keep the monetary costs ofprograms down is by soliciting in-kind support(actual goods and services, rather than money).(See Figure 9-7.) Agency collaboration is one

method of creative financing that could helpdefray expenses. Through a joint agreement,agencies can sometimes share space andsupplies and engage in interagency training andstaffing, too. It also may be possible to obtainequipment from local businesses in exchange forpublic recognition provided by the program.Services provided to teen court participants(e.g., counseling, educational workshops) alsoshould be counted among in-kind services.Entities to be approached for in-kind supportinclude governmental agencies, schools,churches, businesses, and community and civicorganizations (Crowe and Schaefer, 1992).

Figure 9-7 Possible In-Kind Donations

Possible In-Kind Donations

Office space

Use of existing courtroom for teencourt trials

Equipment (e.g., photocopier,computer, fax machine)

Utilities

Office furniture (e.g., desk, filecabinets)

Client services (e.g., counseling,educational workshops)

Determining Possible Sources of MonetarySupportMost programs will find it necessary to securemonetary support for the implementation andoperation of the program as well. Whendetermining possible sources, Nichols (1991)suggests the following types of funds should bekept in mind:

Unrestricted funds. Monies that can beused at the full discretion of the organization.

Designated funds. Monies directed to aparticular program/service area with thespecific use left to the discretion of theorganization.



0 Restricted funds. Monies for which the useis fully directed by the donor.

Whenever possible, programs should let theirgoals and objectives drive their fundraisingefforts. Programs that accept designated andrestricted monies for service areas outside theprogram goals, merely because it is available,may compromise other established goals andobjectives for the program. Programs alsoshould develop a method for tracking funds theyacquired so that those responsible foradministering and managing the budget can besure that monies are being allocated anddisbursed appropriately.

The more active the fundraising committee andthe stronger the contacts available throughcommittee members and other supporters of theprogram, the more options of possible fundingsources will be realized. All alternatives shouldbe outlined and prioritized according to thefeasibility of obtaining funds (Nichols, 1991).The following section provides an overview ofpossible funding sources for teen courtprograms. (See Figure 9-8.)

Figure 9-8: Possible Funding Sources

Possible Funding Sources

O Federal government

O State government

O City/county government

O Schools districts

0 Grants from private foundations andcommunity organizations (e.g., localbar association, Junior League)

O Individual donations

O Service fees

O Profits from special events

Grants and Funding ProgramsState, federal, private, or local resources areavailable to fund or defray the costs ofimplementing teen court programs. Some teencourt programs are funded fully or in part bytheir city or county government, and some alsoreceive support from their state. Thoseprograms that receive city/county funding oftenare administered and operated by a localgovernment entity (e.g., city government, policedepartment) (APPA, 1994).

Recently, teen court programs in North Carolinareceived funding from the state legislature.According to a report prepared by the NorthCarolina Administrative Office of the Courts(1995), the 1993 North Carolina GeneralAssembly, Extra Session 1994, passedlegislation that appropriated $75,000 for thedevelopment and implementation of teen courtprograms in the 1994-95 fiscal year. Thesemonies were then allocated to selectedjurisdictions within the state.

In addition, many federal agencies appropriatemonies to affiliated state organizations todispense to appropriate programs within eachstate. Figure 9-9 provides a brief synopsis ofthree potential federal funding sources for teencourt programs. Generally, federal monies aredesignated for certain functions and are usuallyallocated for a specific purpose for a specifiedamount of time. Although these grants are notintended to provide continuous support, they canhelp programs get started or fund new serviceideas. Once possible federal funding sources aredetermined, agencies should get in touch withthe appropriate state contact person for thatagency. The federal office should be able toprovide that contact name.

Mayors, council members, and otherstakeholders in political positions may behelpful to programs trying to access and securethese types of funds. Teen court programorganizers and staff should be aware of the


147141


political climate within the community and stateat all times and should be knowledgeable of thesystem players as the political pendulum shifts.

Figure 9-9: Potential Federal Funding Sources

Potential Federal Funding Sources

National Highway Traffic Safety Administration(NHTSA): NHTSA is an agency under the auspicesof the U.S. Department of Transportationdesignated to seeking ways to reduce motor vehiclecrashes, injuries, and fatalities and to improvehighway safety programs in the states. TheGovernor's Representative on Highway Safety foreach state receives federal dollars to be dispensedlocally for programs that address a highway safetyconcern. Underage drinking and impaired drivingare of particular significance when it comesaddressing issues related the highway safety.Therefore, programs that aim to enforce underagedrinking and impaired driving laws may be eligiblefor NHTSA funds.

Office for Juvenile Justice and DelinquencyPrevention (OJJDP): The Department of Justicethrough OJJDP, provides national leadership,direction, and resources to assist the juvenile justicecommunity in helping to prevent and controldelinquency throughout the country. The SpecialEmphasis Division provides discretionary funds toreplicate tested approaches to delinquency andjuvenile drug abuse prevention, treatment andcontrol. The Research and Program DevelopmentDivision provides demonstration programs. TheState Relations and Assistance Division managesOJJDP's Formula Grants, Title V DelinquencyPrevention, and State Challenge Grant programs,which provide direct support to State and localgovernments to prevent and treat delinquency,including drug abuse, and improve their juvenilejustice systems.

U.S. Department of Education: The mission ofthe Department of Education is to ensure equalaccess to education and to promote education and topromote educational excellence throughout theNation. This mission cannot be achieved, however,unless schools are safe, disciplined, and drug-free.The Office of Elementary and Secondary Educationthrough its Safe and Drug-Free Schools Program,helps State and local educational agencies and otherpublic and private nonprofit organizations developand operate drug and violence prevention programsfor students at all grade levels.

Source: Coordinating Council on Juvenile Justice andDelinquency Prevention, 1992.

Teen court programs also report receivingmonies from private foundations (e.g., local barassociation) and community organizations (e.g.,Junior League) (APPA, 1994). When solicitingfunds from foundations, it is important to knowwhat types of organizations they support andwhat restrictions may be placed on the monies.It is suggested that programs begin byresearching local foundations, because the bulkof grants and grant dollars are given byfoundations to nonprofits in their owncommunities. The local branch of the UnitedWay (or a similar organization) may have aguide to area foundations (Nichols, 1991).

For a more complete listing of private fundingsources on a national scale, programs shouldlocate a copy of The Foundation Directory atany major area library. This directory includesinformation such as the name of the foundation,its mission and activities, financial information,the size of grants available, and the number ofgrants awarded. (Knepper, 1993).

Advice similar to that for soliciting foundationmonies can be applied when requesting financialsupport from local businesses communityorganizations. The key is to locate thosebusinesses and civic/social organizations in thecommunity that have an interest in an area thatteen court addresses. For example, because of aconcern about juvenile crime, local JuniorLeagues in Texas and Florida have providedseveral teen court programs in those areas withfinancial and volunteer support.

Once these groups are identified, organizers orstaff should arrange to make a presentationabout the teen court program. Wheneverpossible, youth should assist in delivering thepresentation. It also may be helpful to conduct amock trial so community groups can get a betteridea of how the teen court process works.

Additional Sources of FundingIn addition to the types of sources discussedabove, teen court programs report receiving



some funds from religious institutions,individual donations, service fees, and profitsfrom special events. Examples of special eventsconducted by teen courts include car washes,golf tournaments, and raffles (APPA, 1994).

Special events can be costly to organize;therefore, programs should determine if thepotential amount of funds to be made is likely tooutweigh the costs associated with putting onthe special event (e.g., costs of staff andvolunteer time and resources needed for theevent itself). However, although funds raisedfrom special events may be minimal, these typesof fundraisers can be excellent vehicles forinvolving large numbers of volunteers andparticipants to help promote awareness of theprogram in the community (Nichols, 1991).

CONCLUSION

Staffing and funding are issues with which teencourt programs will likely struggle. Throughcareful attention and planning, obstaclesencountered can be alleviated. Programs shouldstrive continually to support, guide, and assiststaff in carrying out the goals and objectives ofthe program.

The unfortunate reality is that many teen courtprograms will find themselves relying on smallgrants from a variety of sources to meet theirbudget goal. Therefore, a visible presence inand sustained support of the community isessential. It also will be important for programsto justify the need for and value of their servicesin the community. The next chapter will discussmethods for evaluating and reporting programsuccess.


14 a143


CHECKLIST FOR STAFFING AND FUNDING


Determined how the teen court program will be staffed?

L3 Determined how many staff will be needed?O Determined whether staff positions will be paid or volunteer?U Determined whether the positions will be part-time or full-time?

U Determined job duties and qualifications and developed job descriptions?

U Identified the duties required for each position?U Identified what knowledge and skills are needed to perform the duties?U Determined what authority the position will have?

Recruited and hired staff?

Identified methods for recruiting staff (e.g., newspapers, internal and external postings,word of mouth)?

CI Determined information applicants will be required to submit (e.g., application form,resume, cover letter, references, certifications, transcripts)?

U Designated who will be responsible for interviewing candidates?Determined the questions to be asked of each candidate?Selected staff with longevity in mind?

U Designed a method for evaluating staff performance?

Established results-oriented criteria upon which staff will be evaluated?O Informed staff of the criteria upon which they will be evaluated?O Determined who will be responsible for evaluating staff?

U Established mechanisms for promoting job satisfaction and professional development for staff?

CI Analyzed staff duties and attempted to secure sufficient funds for the salary of staff?CI Established a relatively stable program?O Created and provided opportunities for staff to access professional development?

Encouraged and provided access to an appropriate support system?

144



Determined the cost of the teen court program?

Identified the potential costs of the program (e.g., personnel costs, staff travel, supplies andservices, office space)?Created a program budget?

D Developed a funding plan and secured funds?

Identified possible sources of in-kind support and services?Determined the amount of funding needed from outside sources?Identified possible sources of monetary support (e.g., grants, city/state support, specialevents)?Designated a person(s) to be responsible for raising funds?



CFAPT A 1®

PROGRAM EVALUATION

*This chapter was written by Betsy A. Fulton, a Research Associate for the American Probation and Parole Association inLexington, Kentucky.


152


INT ODUCTION

Evaluation evokes an array of feelings from fearto excitement, from resistance to support.Evaluation can be perceived as a threat to thestatus quo or an opportunity for change andgrowth. It can be very complex or amazinglysimple. This chapter is designed to assuage theanxiety associated with evaluation byintroducing its benefits and key components. Itwill provide readers with a basis for furtherexploration of methods for monitoring andevaluating teen court programs. Within thischapter, "program evaluation" will be discussedas a one-shot process implemented to carefullyexamine program goals, activities, andoutcomes. "Performance-based measurement"will be introduced as a method for the ongoingmonitoring and evaluation of program goals,activities, and outcomes. While many of thesame issues apply to both, variations in theirdesign and implementation have differentimplications for teen court programs. Ideally,agencies would combine both methods tocarefully examine program effectiveness.

Evaluation can be perceived as a threatto the status quo or an opportunity forchange and growth.

Upon conclusion of this chapter, readers will beable to

discuss existing literature on teen courtevaluations;

O understand the importance of evaluating theirteen court program;

use key questions to guide evaluationplanning;

discuss the problems with using recidivism asthe primary measure of programeffectiveness;

* discuss the advantages of using alternativeoutcome measures to assess programeffectiveness;

O identify performance-based measures for theongoing monitoring and evaluation of theirteen court program; and

O initiate the development of a managementinformation system that meets the program'sinformational needs.

W AT IS KNOWN ABOUT TEENCOURT EFFECTIVENESS?

A review of literature and program materialssuggests that there is a substantial amount ofanecdotal information on the effectiveness ofteen courts, but very little research-basedinformation. As Haaga and Reuter (1995) pointout, this lack of a research base and evidence ofsuccess is typical for programs aimed at primaryand secondary prevention. Reasons for scantyevaluations seem to be the difficulty associatedwith attributing reductions in antisocial behaviorto a single prevention program, and theintangible nature of the targets of prevention,such as changing the social environment orattitudes of potential delinquents (Haaga andReuter, 1995).

The limited research base is not for a lack oftrying 55.9 percent of the respondents to theAmerican Probation and Parole Association's(APPA, 1994) teen court survey reportedconducting program evaluations. Typically,these evaluations focus on counting clients andevents rather than attempting to ascribe offenderchange and success to the program or a specificcomponent. This chapter is designed to takeagencies beyond counting activities (which, bythe way, are important to establishing programintegrity) to measuring results as a means ofdetermining program effectiveness.

Four teen court evaluations that attempt toascertain program effectiveness in terms ofoffender and volunteer changes and outcomeswere available for review. They includeevaluations from

O Teen Court Arlington (Texas);


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Kentucky's Teen Court;

Cumberland County Teen Court Program(North Carolina); and

Southside Youth Council Teen Court(Indiana).

These research reports are summarized inAppendix G. While limited in rigor and scope,these evaluations revealed the followingimportant findings:

In the Texas program, comparison of therates of success, as measured by recidivism,between teen court participants and amatched group of nonteen court participantsindicated a statistically significantrelationship between teen court and success(75 percent of the teen court participantswere successful versus 64 percent of thenonteen court participants) (Hissong, 1991).

In the North Carolina program, comparisonsof overall recidivism rates indicated that amatched sample of preprogram juveniles hadlower rates of recidivism than a sample ofteen court participants. However, when theanalysis controlled for age and offense type,no significant differences existed inrecidivism rates (North CarolinaAdministrative Office of the Courts, 1995).

The Texas and Indiana programs reportedhigher success rates for older juveniles (i.e.,16-year-olds in Arlington and 14- to 18-year-olds in Indiana. The Indiana evaluatorsimply that the moral development of youngerjuveniles may not be advanced enough tolearn from teen court participation (Hissong,1991; McCullough et al., 1995).

In contrast, the North Carolina study foundthat older juveniles had higher rates ofrecidivism. The study also found that thetype of offense seemed to be related torecidivism rates, with juveniles committingnonproperty and nonviolent offenses (e.g.,driving, weapon, minor controlled substance,alcohol, public disturbance, pyrotechnic)

having higher rates of recidivism. Theevaluators noted that older juveniles tendedto commit these types of offenses andimplied that the higher rates of recidivism forolder juveniles may be more a function ofoffense type than age (North CarolinaAdministrative Office of the Courts, 1995).

The evaluation on the Kentucky programfound that teen court participants showedincreases in favorable attitudes towardauthority figures (Kentucky AdministrativeOffice of the Courts, 1994-95).

The Texas evaluation results indicated thatprogram effectiveness waned after one year,as evidenced by increased rates of recidivism(Hissong, 1991).

Supplementary information from the APPA(1994) teen court survey suggests high successrates for teen court participants. Respondentsreported a range of recidivism rates from 0 to 75percent, with an average of 5 percent recidivismacross programs. This limited research basesuggests that teen court has the potential to deterfurther criminal activity, particularly amongolder juveniles, and that teen courts may want toexamine their selection criteria in terms of thetypes of offenses committed. But no conclusiveevidence exists regarding teen courteffectiveness.

WHY EVALUATE?

Besides being the "right thing to do," there arethree very practical reasons to evaluate teencourts.

1. Evaluation improves the capacity of teencourts to successfully compete for limitedpublic funds and support. As the demand forpublic accountability increases, demonstratedresults are more often becoming the basis forallocating financial and human resources.Haaga and Reuter (1995) suggest that a lack ofevidence regarding program effectiveness maycontribute to the limited allocation of federal


.5 4


and state resources to programs of a preventivenature such as teen courts. Teen courts mustarm themselves with information and thecapacity to demonstrate their value. In thesefinancially stringent times, the foremostconsideration of politicians and policymakers is"How much is it going to cost?" Second to thatis "Is it worth it?" Teen courts find themselvescompeting with detention and probation for thelimited juvenile justice purse, and juvenilejustice as a whole is competing with every otherpublicly funded program from education tosocial services. In this competitive environment,teen courts must be able to "sell" themselves aseffective and efficient programs.

In addition to competing for financial resources,teen courts also must compete for humanresources in the form of volunteers. People aremore likely to volunteer for a program that candemonstrate positive results or at leastdemonstrate a commitment to achievingprogram goals through the ongoing monitoringand evaluation of program activities.

Evaluation demonstrates acommitment to improved practices.

2. Evaluation promotes agency andcommunity accountability. As stated inChapter 4, the balanced approach that underliesmany teen court programs calls for a sharedresponsibility between the juvenile justicesystem and the community for the control andreintegration of offenders (Bazemore andUmbreit, 1994). Evaluation demonstrates acommitment to improved practices. It highlightspositive outcomes, uncovers ineffectivepractices, and guides agencies to explorealternative methods for achieving organizationalgoals. Key information about program strugglesrevealed through evaluation may elicit supportand assistance for those improvements. In thismanner, the teen court becomes accountable tothe community for effective and efficientpractices, and the community becomes

accountable to teen court and youth for supportand assistance.

3. Evaluation creates a learning environmentand contributes to organizational growth.Evaluation can be very threatening to programdevelopers and personnel: What if the resultsare unfavorable? This fear creates resistance toevaluation. If, however, an organization adoptsthe view that "feedback," rather than "proof," isthe objective of program evaluation,disappointing results (a) become an opportunityto examine alternative methods and strategies,and (b) open the door to new challenges andcontinued organizational development.Evaluation can assist program administrators inidentifying staff and volunteer training needsand in maximizing resources. It provides avision a logical, well-planned pathwaythrough the change process and it leads to ahealthy, vital organization.

KEY QUESTIONS TO GUIDEPROGRAM EVALUATION

The evaluation process will be simplified ifconsidered upfront, during the program planningstage. Thinking about the type of information tobe maintained and how the program'seffectiveness will be determined will simplifydata collection procedures and help ensureprogram integrity. Several key questions requireconsideration when developing processes andprocedures for program evaluation.

What Are the Purposes of ProgramEvaluation?While seemingly obvious, the general purposeof the evaluation should be discussed and clearlystated. Typically, program evaluation isconducted to determine

the extent to which goals and objectives havebeen met;

the extent to which the program wasimplemented as designed;



the program's impact onand the community; and

how the program can bethe desired goals.

youth, the agency,

improved to achieve

Who Should Conduct the ProgramEvaluation?To minimize the risk of biasing the programevaluation, an objective outside evaluator isrecommended; this is not essential, however,and should not deter agencies from conductingtheir own program evaluation. Localuniversities are rich resources for evaluationexpertise and interest. Professors and graduatestudents in criminal and juvenile justiceprograms may welcome the opportunity todesign and conduct a program evaluation onteen court for little or no cost. Other potentialsources of evaluators include someone withresearch expertise who works within the samegoverning agency as teen court (e.g., city,county, or state government) and volunteerswith research expertise. If an outside evaluatoris used, agency personnel should viewthemselves as customers with certain needs andexpectations. They must be able to specify whatinformation they hope to gain through programevaluation, what resources are available forevaluation, and potential barriers to evaluation.The evaluator's role is to design the evaluationto ensure the integrity of the information withinthe identified agency constraints.

Who Will Be Affected by the Evaluation?Teen courts involve and affect many individualsand agencies. An analysis of who may beaffected by the evaluation will allow evaluatorsto head off barriers to evaluation. All thoseaffected (e.g., juvenile court personnel,representatives from other community agencies,volunteers, youth, and advisory board members)should be involved in designing the programevaluation. In this way, their concerns can beaddressed, and they will know what to expect

from the evaluation process. Involving keystakeholders in the design also will gain theirsupport for required data collection.

Considering the extent to which communitymembers are involved in teen court developmentand operations, evaluations should be designedwith extensive input from the community.Community members' definitions of successmay include measures beyond the teen courts'interests. By measuring what is important tocitizens, teen courts demonstrate commitment tothe community and sustain community interestand involvement.

It is recommended that an evaluation task forcebe established to plan and implement theevaluation in conjunction with the evaluator.The remaining questions can be used to guidethe discussion and activities of the task force.

What Are the Specific Research Questionsto Be Answered through ProgramEvaluation?The evaluation task force should carefullyexamine what they hope to learn from programevaluation and develop clear and conciseresearch questions. The questions influence thekind of information to be gathered, the means ofgathering the information, and the options foranalysis. For example, an evaluation of teencourt programs may seek to answer thefollowing research questions related to programprocess:

What are the characteristics of youth referredto teen court?

To what degree did youth volunteers fulfilltheir responsibilities?

What is the rate of referral and participationin the alcohol education program?

The purpose of the above types of researchquestions is to determine if the program is beingimplemented as designed. Research questions


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related to program outcomes may include thefollowing:

O What percentage of restitution ordered duringfiscal year (FY) 1996 was collected?

O To what extent did teen court educate youthon the legal system?

O What percentage of youth completed theirsentence as ordered?

O What impact did the teen court program haveon the juvenile court docket and probationcaseloads?

O What impact did participation in teen court(i.e., as defendants and volunteers) have onyouth attitudes toward alcohol abuse andcrime?

O What impact did teen court have on alcoholabuse among youth in the local school andcommunity?

Both process and outcome measures arenecessary to adequately evaluate a program.Agencies looking to prioritize their evaluationresources should first focus on process issues toobtain fundamental feedback on whether theprogram is being implemented according tospecifications. Only then will outcomes bemeaningful. More will be said about processand outcome measures, and the importance ofboth, later in this chapter. It is recommendedthat agencies limit the scope of evaluation tofour to six well-defined research questions.Broad scope evaluations are difficult and verycostly.

What Evaluation Design Will Be Used?Time, cost, and expertise must be consideredwhen selecting a research design. Agenciesneed to balance the desire for information withfeasibility. Table 10-1 provides an overview ofthe strengths and weaknesses of the primarydesign options available.

What Data Need to Be Collected?The agency must identify what data need to becollected to answer the research questions.Generally, offender data are needed in five keyareas. These are

O identifying information (e.g., name, casenumber, age, sociodemographicinformation);

O intake/assessment information (e.g., criminalhistory, substance abuse background andneeds, family history, and status);

O case objectives (e.g., specific sentencingobjectives and time frames);

O case activities (e.g., teen court participation,sentence imposed, services provided,treatment participation); and

O case outcomes (e.g., changes in alcohol use,knowledge and skills, or family relationships;violations or new arrests; successfulcompletion of sentence).

This list serves only as an example. Eachagency must determine carefully whatinformation is needed to plan and improve theirteen court program. An important guideline is:only collect data that will be analyzed, reported,and used to modify and improve programoperations.

What Data Sources Are Available?Having accessible data is probably the mostimportant reason for formulating an evaluationstrategy during the program development stage.Data collection can be streainlined andsimplified if forms and methods of programdocumentation are devised upfront. If, however,this is not possible, agencies can determine (1)what data are available and where; and (2) whatdata need to be generated and how. Examples ofdata sources include

O referral forms;



Table 10-1: Trade-Offs in Evaluation Designs

Trade-Otis in Evaluation DesignsEvaluation Method Steps Strengths Weaknesses I Best Used WhenProcess Evaluations:Planned programdesign vs. actualimplementation.

Measure over orunder targets.

Least costly. Measures processes,not results. Targetsmay have norelationship toprogram effectiveness.

You need to knowif the processesare being deliveredaccording todesign.

Outcome Evaluations:

1. Before/aftercomparison.

Measure criteria(e.g., youthattitudes andbehavior) beforeand after program.

Low cost/lowexpertise needed.

Low credibility;difficult to link inputs(e.g., teen courtproceedings, sentenceimposed) to outcomes(e.g., changes in youthattitudes and beha-viors) because ofinternal and externalinfluences.

Time and moneyare limited; criteriastable over time.

2. Time/trendprojections ofpre/post program.

Measure criteriaover several inter-vals and projectfuture trends.

Moderate costsand expertise.

Extreme variationsmay falsely implya trend,

Historical dataavailable; trendapparent.

3. Cohortcomparisons(or quasi-experimentaldesign).

Measure changesin similar groupswith one groupassigned to teencourt and the othergroup assigned tostandardprocedures.

Low-moderatecost/time if dataavailable;otherwisemoderate-highcost/time,

Difficulty in findingmatched groups raisesvalidity issues.

Comparison groupis similar toprogram group;Randomizedevaluations areimpossible.

4. Randomized. Youth arerandomly assignedto teen court orother program;identical groupsare then compared.

Robust andsystematicmethod.

High cost/time;very difficult; ethicalconsiderations.

Where individualswill receive sometype of programservices; wheredeterminingprogram effective-ness is critical.

Source: Hatry, Winnie, and Fisk, 1981

O intake/assessment information;

O standardized pre/post instruments (e.g., tomeasure knowledge about the legal system orsubstance abuse before and after programparticipation, to measure attitudes towardauthority or substance abuse);

surveys (e.g., to gain information about theteen court experience from defendants,volunteers, community members);

teen court dockets (e.g., number ofdefendants, sentences imposed);

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1 5 3American Probation and Parole Association


<> case documentation (e.g., activities,including payment of restitution,performance of community service, andparticipation in services; and outcomes,including violations, new arrests, type oftermination); and

juvenile court and police records.

Many of these data sources may be maintainedby the teen court itself or by collaboratingagencies. Others may need to be created for thepurpose of collecting missing data needed toassess program effectiveness. Please seeAppendix G for sample data sources.

Who Is Responsible for Collection, Coding,Management, and Analysis?The type of data to be collected;the availabilityof a management information system, staffingconfigurations, and the current program designwill influence the division of theseresponsibilities. In clearly defining theseresponsibilities, it is important to involverepresentatives from all levels of theorganization and volunteers. Agencies canavoid duplication of efforts by using simplifieddata collection instruments and coding systems(e.g., 1 = restitution; 2 = community service; 3 =letter of apology). Simple data collection formsare particularly important when youth volunteersare responsible for recording the data.Furthermore, it is important to develop concisepolicies and procedures for data collection andanalysis and to update them as needs andresponsibilities change. Broad-basedinvolvement and streamlined procedures willincrease buy-in and commitment to the datacollection process.

What Procedures Will Be Followed forReporting the Information?It is one thing to obtain data; it is quite anotherto explain data in a way that is both technicallycorrect and useful. Key stakeholders within theteen court program should be informed ofagency and program outcomes on a regular

basis. An honest, straightforward approach toreporting outcomes is essential. It is always bestto control information from the inside, ratherthan to leave its interpretation to someone whoknows little about the issues associated with teencourt.

How data are reported should be determined byfocusing on the audience for whom it isintended. Sharing both positive and negativeoutcomes will earn greater respect andcredibility with all audiences. The amount andformat of information should be carefullyconsidered. The usefulness of long,comprehensive reports is most likely limited toagency personnel who are directly affected bytheir contents. Legislators, judges, and fundingsources may prefer receiving only informationthat impacts their decision-making process. Theinformation should be concise and, whereverpossible, in the form of graphs, tables, or charts.Information presented in a usable, reader-friendly format is more likely to gain the desiredattention and support.

Evaluation results, good or bad, must be sharedwith community members, particularlyvolunteers. They may have (1) insights intowhy the desired objectives were not achieved,and (2) ideas for program improvements.Seeing the positive results of their time andenergy, community members will be motivatedto stay involved.

How Will the Information Be Used?Collecting data and measuring results is acritical first step toward understanding the issuesassociated with teen courts. But unless thisinformation is acted on, the teen court programwill remain stagnant. Improving programs andpractices is a continuous, long-term process oftesting, modifying, and retesting. Feedbackfrom evaluation facilitates this process. Datacan be used to drive program modifications, toidentify staff training needs, to justify newprograms and services, and to reallocatefinancial and human resources. In short,


15)


comprehensive and accurate data provide acredible source of information and knowledgeabout the effectiveness of programs andpractices.

PERFORMANCEMEASUREMENT

ASED

The value of program evaluations or studiescannot be overstated. However, they require agreat deal of time and expense and only provideoutcomes for a specified period of time.Performance-based measures provide agencieswith organizational feedback that drivesprogram improvements and are a continuousprocess for monitoring and evaluation, asopposed to a single-point-in-time assessment.Many of the same issues and questionsdiscussed above can be used to guide thedevelopment of a performance-basedmeasurement strategy.

Performance-based measures provideagencies with organizational feedbackthat drives program improvements andare a continuous process formonitoring and evaluation...

Performance-based measurements provide asystematic method for collecting and reportingdata that reflect a teen court's values and makeoutcomes tangible. By focusing on alternativeoutcomes specifically linked to programcomponents, interventions, and attitudinal andbehavioral change, conclusions can be drawnabout which aspects of the program lead to theultimate goals of most juvenile justice programs:community protection and reduced recidivism.The following sections will discuss problemsassociated with recidivism as the primary

outcome measure for juvenile justice programs,explore the utility of alternative outcomemeasures to evaluate program effectiveness, andintroduce the APPA's model for developingagency-specific performance-based measures.

Rethinking RecidivismThere is a high degree of consensus about theultimate goal of any juvenile justice program.From the perspective of taxpayers, juvenilejustice practitioners, academicians, legislators,and judges,,public safety is the agreed-uponbottom line. But too often a program's impacton public safety is judged solely on reducedrecidivism, and that bottom line becomes blurredbecause of the heavy burden this creates.According to APPA's (1994) teen court survey,recidivism is the primary focus of most teencourt evaluations. Other outcomes of teen court,such as general deterrent effects or improvedyouth competencies, contribute to public safetyand should be included in these judgments.Recidivism takes an agency from point A topoint Z without much consideration of whatoccurs in between. It is difficult for an agencyto take responsibility for, and be judged by, asingle outcome. Furthermore, there are manyproblems associated with recidivism as theprimary outcome measure.

The first problem with recidivism as the soleoutcome measure is that numerous definitionsare applied to the term "recidivism" (see Figure10-1). Different definitions can produceradically different figures from the same data.Second, there is tremendous variance in theamount of time involved in recidivism studies.Coupled with the many operational definitionsof recidivism, this time variance makes it nearlyimpossible to compare research results.


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Figure 10-1: Definitions of Recidivism

What Is ecidivism?

Any new arrest?

New felony arrests only?

Any new conviction?

New felony conviction only?

Any new commitment of 60 days ormore?

A new prison commitment only?

New technical violations?

A technical violation that results inincarceration?

An arrest for the same crime?

Any arrest in which the offender wasfingerprinted?

A new arrest that resulted inincarceration of the offender?

Incarceration in a prison?

Arrest for a misdemeanor offense?

Violent felonies?

An extensive review of correctional evaluationsrevealed these diverse definitions of recidivism.Please see Boone, H.N. (1994, Winter). Anexamination of recidivism and other outcomemeasures: A review of the literature. Perspectives,18(1), 12-18.

Third, as Petersilia (1993) points out, recidivismis a measure of postprogram behaviors overwhich the juvenile justice system has littlecontrol. She notes, "Schools do not follow uptheir graduates to see if they slip back intoignorance or fail to hold a job after leavingschool" (p. 14). There are many outside theeducational system who feel that one measure ofschools' performance should be how manystudents become employed after graduation.They also fault the educational system forfailing to produce results such as graduates whocan read, write, and hold down jobs that paymore than minimum wage. Likewise,

categorically dismissing postprogram recidivismas one of several measures of outcome istempting, but problematic. Customers of thejuvenile justice system and other programsdesigned to impact delinquency (e.g., the public)may or may not agree that there are other moreimportant performance measides, butdiscounting recidivism out of hand ignores theimportance of their expectation to beprotected from delinquent youth.

The fourth problem is that recidivism rates areinfluenced by many internal and external factors(Waldo and Griswold, 1979; Maltz andMcCleary, 1977). Increased or decreasedactivity by law enforcement agencies or achange in judicial philosophy could have animpact on recidivism rates. A "get tough onyouth crime and drugs" campaign will increasethe number of new arrests. A new judge may belenient and take no action for noncompliancewith teen court orders. Given either scenario, itis difficult to determine whether the change inrecidivism rates was due to changes in thebehavior of offenders or to changes in police andjudicial actions.

Since other factors affect recidivism data, it isfallacious to conclude that nonrecidivismdemonstrates rehabilitation or success, or thatrecidivism demonstrates failure (Waldo andGriswold, 1979). Recidivism must be examinedwithin the context of changes in programpractices and policy shifts within thejurisdiction. Internal and external threats tovalidity, such as those described above, could bereduced with a commitment to incorporatingrigorous experimental designs into theevaluation of juvenile and criminal justiceinnovations.

The fifth and final problem related to recidivismas an outcome measure is that it is currentlyviewed as an all-or-nothing measure. Thedichotomous measure does not allow for partialsuccesses. If the time between positive alcoholtests or the number of days in school increases,


157


is this not a partial success? If the severity ofthe crimes committed by a youth is reduced(e.g., from driving under the influence totrespassing), is this not a partial success?Success or failure should not be determined byone single incident. To measure an ultimate goal(i.e., reducing recidivism) in the short-term,without looking at intermediate variables andoutcomes, is somewhat unreasonable. The nextsection discusses the importance of examiningalternative outcome measures that moreaccurately portray the nature andaccomplishments of teen court programs.

Alternative Outcome MeasuresJohn DiIulio (1992), in Rethinking the CriminalJustice System: Toward a New Paradigm, arguesfor juvenile and criminal justice institutions toexpand the use of outcome measures beyondcrime rates and recidivism. He argues, "Crimerates and recidivism are not the only, ornecessarily the best, measure of what criminaljustice institutions do" (p. 1). Indeed, there arenumerous intermediate outcomes that moreclearly gauge and illustrate the business of teencourts. A focus on recidivism would overlookthe very activities that define the program. Teencourts provide treatment and. services, educateyouth on the legal system, and impose sentencesdesigned to promote youth accountability tovictims and the community. By measuring theoutcomes of these specific activities, teen courtscan better assess the effectiveness of variousactivities and program components.Furthermore, until efforts are made todisentangle these activities and components,teen courts will be unable to determine what it isthat leads to behavioral change and ultimately toa reduction in recidivism.

"Crime rates and recidivism are not theonly, or necessarily the best, measureof what criminal justice institutions do"

Using the problem of alcohol abuse as anexample, the practicality of alternative outcomemeasures becomes clear. Several studies

suggest a correlation between alcohol abuse anddelinquent behavior (National Institute ofJustice, 1991; Hawkins et al., 1987; Dembo etal., 1990). A primary goal of teen court may beto reduce the level of alcohol abuse among theyouth population in the school or community.How, then, can teen courts determine if this goalis being achieved? Recidivism rates aloneprovide very limited information about howeffectively the problem of alcohol abuse is beingaddressed. Rather, the following types ofresearch questions could guide agencies in thisdetermination:

What percentage of youth involved in teencourt have an identified alcohol problem?

What percentage of these offenders werereferred to a substance-abuse awarenessprogram? Outpatient treatment?

What percentage of these offenderscompleted their treatment assignment?

As measured by a pre/post assessmentinstrument, to what extent did youth attitudestoward alcohol use change?

As measured by self-reports and collateralinformation obtained from family andschools, did the level of alcohol use change?

A number of additional research questions couldbe proposed. Clearly, this information would bebeneficial to an agency attempting to reduce thelevel of alcohol abuse.

The importance of such questions becomesobvious when there is an established relationshipbetween these factors and delinquency.Research has shown that certain factors correlatestrongly with delinquency, including poor andinconsistent family practices and relationships,school failure, negative peer associations, andlimited cognitive development (Hawkins et al.,1987; Schinke, Botvin, and Orlandi, 1991).Several studies have revealed a positivecorrelation between increased participation indrug and alcohol treatment and success onprobation and parole (Anglin and Hser, 1990;



Leukefeld and Tims, 1988) and a relationshipbetween improved in cognitive functioning andreduced recidivism rates (Ross, Fabiano andDiemer-Ewles, 1988).

As this research suggests, if these aspects ofhuman development are changed, criminal anddelinquent behavior is likely to change. Thus,by shifting the research to measure theseintermediate outcomes (i.e., offender change),teen courts can begin to assess the effectivenessof a particular program or component, learnfrom successes, and fine-tune these programs.Therein lies the primary value of intermediatemeasures; they test (confirm/reject) assumptionsabout different elements of the theoreticalmodels that underlie interventions.

It is through this type of exploration thatrecidivism and other traditional measures ofsuccess can ultimately be impacted. Asorganizations with a mission of public safety,teen courts, like other juvenile justicecomponents, must be accountable for recidivismrates and play a more active role in developingand implementing policies and practices relatedto reduced recidivism. The measurement ofintermediate outcomes simply facilitates thisrole and makes recidivism rates moremeaningful within the context of teen courtactivities designed to meet diverse goals. Thenext section introduces a model of performance-based measurement to assist teen courts inidentifying alternative outcomes that betterreflect program goals, activities, andcomponents.

Developing and ImplementingPerformance-Based MeasurementsAPPA's model for performance-basedmeasurement (Boone and Fulton, 1995) providesa framework for developing agency-specificperformance-based measures (Figure 10-2). Thedevelopment of a comprehensive performance-based measurement strategy requires theexamination (or development) of

values inherent in the agency/program;

an agency mission statement;

goals of the agency/program;

activities performed to accomplish the goals;and

measures for determining how well theactivities are being performed and whatimpact they are having.

Figure 10-2: A Model for Developing Performance-Based Measures

A Model for Developing PerformanceBased Measures

Source: (Boone & Fulton, 1995)

Alignment of these key organizational practicesenhances an agency's chances for achievingdesired results. The basic premise of the modelis that performance-based measures shouldprovide internal and external feedback at thepolicy, program, and staff levels about therelationships among values, goals andobjectives, practices, and results. To the degreethat performance measures are not integrated aspart of standard business practices, the feedbackwill be less credible, less useful, and even can becontrary to an organization's objectives.



Involving Key StakeholdersStaff and organizations will resist performance-based measures because such measures arethreatening and represent change. Evaluation, inany form, can be discomforting. After the fact,favorable evaluations are warmly received; butfew see negative feedback as an opportunity tolearn. Involving a representative cross sectionof staff and community members in selectingprocess and outcome measures helps decreasenormal fears and resistance to evaluation.

Of critical significance is the involvement offront-line personnel, volunteers, and supervisorsin this developmental process. It is front-linestaff and volunteers who are responsible forperforming the activities designed to achieveorganizational goals, and the supervisors whomust assess this performance. Their input andbuy-in is essential. Involving front-linepersonnel and volunteers can change theirperceptions of this process from one that isthreatening to one that offers opportunity. Byinviting, and valuing, personnel input, agenciescan identify process and outcome measures thattruly reflect their values, mission, goals, andaccomplishments (see Figure 10-3). A

Figure 10-3: Critical Issues for Guiding Stakeholder Input

performance-based measurement system thatprovides personnel with information andfeedback on matters important to them will gaintheir commitment to the necessary practices ofdata collection and data compilation. Mostimportantly, it will gain their commitment to theresults.

Identifying Agency-Specific MeasuresAs stated earlier, there are two types ofperformance-based measures (1) processmeasures (Was the program implemented asdesigned?), and (2) outcome measures (Did theprogram or practices achieve the desiredresults?). Both process and outcome measuresare needed to assess program effectiveness.Examining processes helps to explain why sucheffects were produced and how processes can bemodified to produce desired outcomes (Blalock,1990). By controlling process, agencies cancontrol outcomes. Processes can be examinedthrough observation of program activities,interviews, and case audits (Harris, 1991).Outcome measures are needed to assess aprogram's immediate, intermediate, and ultimateimpact. Rather than measuring how many youthattended a five-week teen court training session,

Guiding Stakeholder InputCritical Questions

What are the primary goals of the agency/program?

What activities are conducted to achieve these goals?

What is the theoretical basis for program activities?

What is currently measured to demonstrate the success or failure of these activities or theoverall agency/program?

What perceptions are there about current measurements of program success or failure?

What measurements would be a fair test of agency/program operations? Staffperformance?

What resources are needed to implement these measures?

1601 C



outcome measures would assess changes in theyouths' level of knowledge of the legal systemor improvements in conflict-resolution skills.

Outcome measures are needed toassess a program's immediate,intermediate, and ultimate impact.

For example, suppose a teen court operateswithin a juvenile justice agency with thefollowing value statement: "We believe in beingsensitive to the needs of crime victims." In fact,the teen court was established as a primarymechanism for holding first-time youthfuloffenders accountable to victims. The teencourt's purpose is: "The teen court program willprovide education, services, and sanctions toyouthful first-time offenders to promoteaccountability to victims and the community."Program goals include (1) increasing youthawareness regarding the effects of their behavioron victims and the community, and (2) restoringand compensating victims and the communityfor damage caused by the crimes of youthfuloffenders.

Activities supporting the first goal of increasingyouth awareness may include participation in afive-week session on law-related education andattendance at a victim impact panel. Law-related education is designed to teach youth howtheir behavior impacts individuals and systemswithin the community and to foster socialresponsibility. Victim impact panels aredesigned to personalize the offense and to makeoffenders understand the pain and suffering theirdelinquent behavior causes individuals.

Process measures are needed to describe theextent to which these services are actually beingdelivered and to search for explanations ofsuccess, failure, and change (Harris, 1991).Process measures for goal #1 may include thefollowing:

0 Rates of attendance at victim impactpanels. Outcomes of the victim impactpanels are only meaningful once it has been

determined that youth are, in fact, attendingthe panels. Rates of attendance can becollected through simple recordkeeping.Possible reasons for low attendance rates(See Figure 10-4) should be examined. Theycould be due to individual problemsexperienced by youth, such as transportationproblems or basic refusal to attend, or due toa lack of communication between the teencourt volunteers and defendants. Problemscould be resolved by facilitatingtransportation for youth, by providing themwith written notice of the panel a week aheadof time, or by imposing sanctions fornoncompliance. Once attendance ratesimprove, outcomes also should improve.

Figure 10-4: Attendance Rates

Attendance ates

Objective: 95% of all youth ordered toattend a victim impact panel during 1996will attend as ordered.

Data elements: Number of youthordered to attend during 1996, numberof youth who attended as ordered.

Formula: (Number of youth whoattended as ordered number of youthordered to attend) x 100.

Example: 112 youth were ordered toattend a victim impact panel during1996. 82 youth attended as ordered.

(82 112) x 100 = 73%. Objective wasnot achieved.

The extent to which the law-relatededucation curriculum is being delivered asdesigned. Flaws in delivery may explainlimited gains in youth knowledge or skills.Curriculum delivery can be assessed throughobservation and a standardized rating form.Problems with the delivery of the curriculummay stem from uncooperative youth, time


161


limitations, or lack of skills on behalf of theinstructor. Disciplinary actions can bedeveloped to address the issue ofuncooperative youth, schedules can beadjusted to allow for sufficient time fordelivery, and training can be provided toenhance the skills of the instructor. Theseproblems can be overcome if programpersonnel are aware that the problems exist;process measures provide a mechanism foruncovering the problems. In this case(Figure 10-5), the objective for curriculumdelivery was achieved; theoretically,outcomes should be favorable. If not, otherpotential problems, such as the learning levelof youth attending the program or the theoryand philosophy underlying the curriculum,should be explored.

Figure 10-5: Curriculum Delivery Ratings

Curriculum Delivery Ratings

Objective: During 1996, 90% of the law-related education instructors observed willreceive an above average rating forcurriculum delivery.

Data elements: Total number of law-related education instructors observed,number of instructors receiving an aboveaverage rating.

Formula: (Number of instructorsreceiving an above average rating ± totalnumber of instructors observed) x 100.

Example: 8 instructors were observedand rated. All 8 received above averageratings.

(8 ± 8) x 100 = 100%. Objective wasachieved.

Outcome measures for goal #1 may include thefollowing:

0 Knowledge and skills gains from law-related education. A key objective of law-related education is to teach youth about

individual rights and responsibilities. A pre/post assessment instrument could be used toassess changes in knowledge (Figure 10-6).Basic skills such as interpersonalcommunication and conflict resolution oftenare included in law-related educationcurricula. Changes in skill levels could beassessed through observation of role-playingor interactions among students. A failure toachieve stated objectives should lead to amodification of instructional techniques orlesson plans or to a reexamination of thetarget population participating in theprogram.

Figure 10-6: Extent of Knowledge Gain

Extent of Knowledge Gain

Objective: During FY 1996, 80% ofstudent test scores for law-relatededucation will increase by at least 10points from the pretest to the posttest.

Data elements: Total number of students,number of students who increased theirtest scores by at least 10 points.

Formula: (Number of students whoincreased their test scores by at least 10points + total number of students) x 100.

Example: During FY 1996, 128 studentsparticipated in law-related education. 106students increased their test scores by atleast 10 points.

(106 ± 128) x 100 = 83%. Objective wasachieved.

Rates of alcohol use. Victim impact panelsconsisting of victims or survivors of drunkdriving accidents are sometimes used withyouth arrested for driving under the influenceand other alcohol-related offenses. If victimimpact panels are effective in increasingoffender awareness and in changing attitudes,it follows that the negative behavior shoulddecrease among offenders attending a panel

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and possibly among larger populationsbecause of teen court's potential deterrenteffects. Rates of alcohol use among programparticipants (defendants and volunteers) orschool and community populations could bemeasured by self-reports, informationobtained from collateral sources, newalcohol-related arrests, or school incidentreports. If the rate of alcohol use does notdecrease, reasons must be explored. Is itbecause youth are not attending the panels?Is it because the victims selected forparticipation on the panel are not effectivelycommunicating their message? Is it becausethe youth have more serious alcoholproblems requiring treatment? Or is itbecause the strategy itself is not effective?Having results such as those in Figure 10-7will guide program personnel through anexamination of the problem and lead toprogram improvements.

Figure 10-7: Rates of Alcohol Abuse

Rates of Alcohol Abuse

Objective: The rate of alcohol abuseamong victim impact panel participantswill not exceed 10% during a one-yearfollowup period.

Data elements: Number of panelparticipants, number of youth participantsusing alcohol.

Formula: (Number of youth participantsusing alcohol ÷ total number of panelparticipants) x 100.

Example: During 1996, 82 youthparticipated in a victim impact panel. Self-reports and collateral informationindicated that 21 youth participants usedalcohol during the one-year followupperiod.

(21 +82) x 100 = 26%. Objective wasachieved.

The same process could be used to identifyperformance-based measurements for goal #2,restoring and compensating victims and thecommunity. Possible process measures for goal#2 include the percent of victim impactstatements completed and the extent to whichrestorative sentences (i.e., restitution,community service) are imposed. Possibleoutcome measures for goal #2 include theproportion of restitution collected, the number ofcommunity service hours performed, or theextent of victim satisfaction with the teen courtprogram.

As exemplified in Figures 10-4 through 10-7,both process and outcome measures should bestated as specific objectives to be achievedwithin a predetermined time frame. It isessential that the objectives be realistic given theteen court's resources and target population.

Linking Employee Evaluation toPerformance-Based MeasurementThe seven principles of results-orientedgovernment (Figure 10-8) illustrate theimportance of linking employee evaluation toperformance-based measurement. Programs thatdo not pay careful attention to closely aligningemployee evaluation with process and outcomerequirements should not expect to see theprogram implemented as designed or the desiredgoals achieved. Using results-oriented measuressuch as those listed above, supervisors canestablish specific performance standards forprogram personnel. For example, an employeeevaluated as "exceeding expectations" shouldmeet the following criteria or performancestandards:

Law-related education sessions conducted byemployee were rated as above average oroutstanding during quarterly observations(process).

Learning among the employee's law-relatededucation students increased by an average


16?


of 10 points as measured by pre- andposttests (outcome).

Figure 10-8: Seven Principles of Results-OrientedGovernment

Seven Principles of Results-OrientedGovernment

1. What gets measured get done.

2. If you don't measure results, you can'ttell success from failure.

3. If you can't see success, you can'treward it.

4. If you can't reward success, you'reprobably rewarding failure.

If you can't see success, you can'tlearn from it.

6. If you can't recognize failure, youcan't correct it.

7. If you can demonstrate results, youcan win public support.

Source: Osborne and Gaebler, 1993, pp. 146-155

Since promoting responsibility and enhancingknowledge among volunteers is a key objectiveof teen court, similar performance standardscould be used to evaluate volunteerperformance. For example, to hold volunteersaccountable for goal #2, restoring victims andthe community, performance standards couldinclude the following: (1) a victim impactstatement will be completed in 80 percent of thecases in which there is an identified victim; and(2) 90 percent of the community service orderedwill be completed within 90 days of thesentencing date.

Performance standards assist personnel andvolunteers in staying focused on goals andresults and facilitate discovering innovativemethods for achieving results. If the rate ofcommunity service completion is low, perhapsthe teen volunteers could help identify factors

contributing to the problem and brainstormabout ways to increase compliance with theseorders.

Performance standards assistpersonnel and volunteers in stayingfocused on goals and results andfacilitate discovering innovativemethods for achieving results.

People are an organization's greatest resource.Given the proper learning environment andstructured feedback on meaningful performancecriteria, staff and volunteers will work toimprove outcomes and achieve desired goals.

MANAGEMENT INF MATIONSYSTEMS

An automated management information systemis essential to efficient data collection andanalysis. A state-of-the-art managementinformation system can reduce paperwork,maintain data in an organized fashion, andprovide quick access to information. The idealsystem will allow collaborating agencies toshare and exchange information. However, amultiuser information system requires decisionsabout ownership of records and responsibilitiesfor updating and maintaining records.Procedures also must be developed to ensure theconfidentiality of youth records. The followingrecommendations may assist with developing amanagement information system that meetsprogram needs:

0 Establish a committee to guide theimplementation of an automatedmanagement information system. Byinvolving key staff and community membersin the decision-making process, buy-in canbe enhanced and resistance to change can beminimized. Furthermore, a steeringcommittee can provide valuable informationon agency needs and operating procedures.

0 Consult a computer systems expert toexamine agency needs, assist with the


1PP


preparation of a request for proposals, andreview vendor bids. This will ensureagency needs are addressed in all hardwareand software purchases. Local universitiesand volunteers are potential sources for thistype of assistance.

0 Carefully evaluate a number ofmanagement information systemhardware and software options. Computerhardware and software prices vary greatlyfrom vendor to vendor. It is important to"shop around." For example, in one agencya number of vendors were asked to providebids on identical specifications. Thedifference between the lowest and highestbid was almost double. By examiningseveral hardware and software options, thesteering committee and administrators canselect the best system for the agency at a fairprice.

0 If finances and expertise allow it, developa program- or agency-specificmanagement information system. Threeoptions exist for the software that maintains,organizes, and retrieves program data. Oneoption is "off-the-shelf," generic softwarepackages available for juvenile justiceagencies. The choices are limited, but suchpackages may meet agency needs. A secondoption is "public domain" softwaredeveloped with support from federal, state, orlocal funding. Public domain software maybe less expensive, but most likely there stillwill be charges for support, the cost ofcopying the program, and printing thenecessary program documentation. Thethird, and best, option is to hire a computerprogrammer to develop a system that meetsthe specific informational needs of theagency. Again, sources for computerprogrammers may include universities, theteen court's governing agency, andvolunteers. To allow for monitoring andtracking events throughout a youth'sinvolvement in teen court, specific

programming recommendations include (1)developing a relational data base to avoiddata redundancy and to retain appropriatehistories of chronological events (i.e., thesystem should be able to identify and relateintake information on a defendant from onedata screen with termination information onthat defendant in another data screen); and(2) developing a data base that is offender-based rather than offense- or incident-based.

Evaluate management information systemcapabilities periodically. Computertechnology is changing rapidly. Additionalhardware or software purchases could makethe system more effective and efficient.

CONCLUSION

This chapter provided teen courts interested inexamining the effectiveness of their programswith a framework for systematically monitoringand evaluating program activities and outcomes.Agencies interested in conducting a large-scaleprogram evaluation can use the key questionslisted to guide their interaction with selectedevaluators to ensure that their informationalneeds are being addressed through a credibleresearch design. By applying the model ofperformance-based measurement, agencies canovercome the complexities of evaluation andidentify immediate, intermediate, and ultimateoutcomes that more accurately reflect the valuesand practices of teen court.

Although evaluation is viewed as the final phasein program development, it should not beconfused with the end. Evaluation results mustguide program improvements and modifications;otherwise, why bother? If properlyimplemented, program evaluation and a systemof performance-based measurements will keepteen courts at the vanguard of juvenile justiceprogramming.


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CHECKLIST FOR EVALUATION


CI Clarified motivations for evaluation?

0 Examined resources available for evaluation?

Human

Financial

Technological

0 Developed mechanisms for obtaining input to evaluation utilizing a performance-basedmeasurement process?

State researchquestions (shouldbe clearly relatedto program goalsand activities).

Identify processmeasures that willindicate the degreeof programimplementation.

Identify outcomemeasures that willindicate degree ofgoal achievement,

Determine whatdata are availableto answer researchquestions or tosupport measures.

Determine whatadditional datacollection processesmust be developed.

O Clarified responsibilities for data collection and analysis?

O Determined how information will be reported and to whom?

O Developed an action plan for implementing results?

166

170


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Appendix A Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPENDIX A

TEEN COURT DIRECTORY

Teen Court Program Listing

Teen Court Programs Listed by Models


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Alaska

Mr. Steve ColeKodiak Teen Court326 Center Ave, Suite 203Kodiak, AK 99615907-486-8505

Arizona

Ms. Mary HoffmanTeen Court DirectorChino Valley Teen CourtP.O. Box 630Chino Valley, AZ 86323602-636-9864

Ms. Mary Ellen CrowleyCoconino County Teen CourtCoconino County Courthouse100 E. Birch Ave.flagstaff, AZ 86001602-779-6756

Mr. Gary RogersProbation OfficerNavajo Co. ProbationP.O. Box 1869Lakeside, AZ 85929602-368-8618

Simi BaulterTeen Court SpecialistPrevention and Intervention

Association, Inc2755 S. 4th Ave., Suite 872Yuma, AZ 85365602-341-9199

Ms. Eileen MariscalLa Paz County Teen CourtLa Paz County ProbationDepartment1508 MohaveParker, AZ 85344602-669-6168

Teen Court Programs

Ms. Sharon LeonCoordinatorAnchorage Youth CourtP.O. Box 102735Anchorage, AK 99510907-274-5986

Mr. Charles EckertProject CoordinatorNorth Mesa Justice Court1837 S. Mesa DriveMesa, AZ 85210602-926-9731

Mr. Joe B. BurnsideTeen Court CoordinatorGraham Co. Juvenile ProbationTeen Court800 Main StreetSafford, AZ 85546602-428-3310

Mr. Tim FruthTeen Court CoordinatorProbation Dept.714 S. Beeline Hwy.Suite 104Payson, AZ 85541

Mr. John V. YanezTeen Court CoordinatorGila Co. Juvenile Probation 1400E. Ash St.Globe, AZ 85501602-425-3271

Ms. Wilma YazzieProbation OfficerColorado River Indian TribesP.O. Box BHParker, AZ 85344520-669-8367

17S

Ms. Debby PolmeroyTeen Court AdministratorChino Valley Teen CourtP.O. Box 630Chino Valley, AZ 86323602-636-1267

Ms. Claire SchuerenPima Teen CourtPima Prevention Partnerships345 East Toole, Suite 104Tucson, AZ,85701602-791-2711

Ms. Carlisa HurttYouth SpecialistPrevention & Intervention

Association, Inc.2755 S. 4th Ave, Suite 872Yuma, AZ 85365602-341-9199

Ms. Terry FarrellDivision DirectorYuma Co. Juvenile Ct. Ctr.2795 S. Ave. BYuma, AZ 85364602-329-2310

Ms. Lia BaulerProgram DirectorYMCAP.O. Box 5279Glendale, AZ 85312602-937-9622

Mr. William D. GrahamDirectorTempe Justice Ct Teen Court1845 East Broadway, Suite 8Tempe, AZ 85282

Arkansas

Mr. Mark StodolaProsecutors Pre-Charging

Diversion Program122 South BroadwayLittle Rock, AR 72212501-340-8000

California

Officer Ann NavinSan Jose Police Dept.201 W. Mission St.San Jose, CA 95110408-277-4133

Detective William McGinnisTeen CourtDanville Police Dept.510 La Gonda WayDanville, CA 94526510-820-4481

Ms. Gwen SarineEldorado Co. Teen Prob.941 Spring St., Suite 7Placerville, CA 95667916-621-5648

Ms. Karen GreenPeer Court Coordinator671 Newcastle Rd.Suite 7Newcastle, CA 95658916-663-4556

Ms. Judy MahlerDeputy Probation OfficerMohave County Probation515 E. Beagle StreetKingman, AZ 86403602-753-0741

Mr. Phil RiberaHayward Police Dept.300 W. Winton Ave.Hayward, CA 94554510-293-7049

Ms. Calvinia WilliamsExecutive DirectorSan Francisco Youth Courts1290 Sutter St., Suite 9San Francisco, CA 94109415-929-9599

Officer Tony PlanesJuvenile Probation700 All American WaySunnyvale, CA 94088408-730-7144

Ms. Marilyn WestLancaster Youth CourtCity of Lancaster44933 N. Fern AvenueLancaster, CA 93534805-723-6098

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Ms. Michelle KmetzPinal County Teen CourtPinal Co. Juvenile Court SvcsP.O. Box 1009Florence, AZ 85232602-868-6480

Ms. Karen GreenPeer Court CoordinatorPlacer County5735 Butler RoadAuburn, CA 96553916-663-1272

Ms. Julie HenryEldorado Co. Teen Court3330 Lake Tahoe Blvd.Suite 5South Lake Tahoe, CA 96150916-541-8935

Ms. Eileen FordPeer Court CoordinatorConstitutional Rights Foundation17875 Von Karman, Suite 100Irvine, CA 92714714-440-6757

Ms. Megan Pritchard-RedickTeen Court CoordinatorKlein Bottle Youth Programs401 N. MilpasSanta Barbara, CA 93101805-922-0468

Mr. Warren HawkinsSupervising Probation OfficerYouth Accountability BoardCounty Civic Building175 W. Fifth Street, 4th Fl.San Bernardino, CA 92415909-387-5769

Ms. Meredith HeinleHumbolt Co. Teen Court825 5th St., #206Eureka, CA 95501707-445-7627

Ms. Kembly AstuaSonoma County Teen Court3650 Standish Ave.Santa Rosa, CA 95407707-585-6810

Colorado

Ms. Catherine ReissBoulder County Sheriffs Dept.Boulder, CO 80302

Mr. David ChaffeeCoordinatorDenver Teen Ct. Partnership1445 Cleveland Place4th FloorDenver, CO 80202303-640-5653

Ms. Constance BakerCoordinatorAurora Teen Court15001 East Alameda Dr.Division 3Aurora, CO 80012303-341-8870

Ms. Patricia EzellColorado Springs Teen Courtdo Colorado Springs Mun. Ct.108 E. KiowaColorado Springs, CO 80903719-475-7815

Deputy Don ZelonPolice Department14114 Business Center DriveMoreno Valley, CA 92553909-697-8317

Officer Steve Van EttenMoreno Valley Police Dept.4102 Orange StreetRiverside, CA 92501909-782-5724

Ms. Sherri le ThompsonYouth CourtCenter for Human Services1700 McHenry Village WaySuite 11-BModesto, CA 95350209-526-1440

Ms. Dorothy GroveCommunity FacilitatorTeen Court929 Alta VistaGraig, CO 81625

Ms. Cindy RyanLa Plata Prevention Partners3801 N. Main St.Durango, CO 81301

Ms. Dorothy RohrbachCity of Arvada, DHSTeen Court8001 Ralston Rd.Arvada, CO 80001303-431-3015

Ms. Betsy HolderCity of GreeleyTeen Court1000 10th St.Greeley, CO 80631

Ms. Sandra SrabergAssistant PrincipalE.M. Cope Middle School1000 W. Cypress Ave.Redlands, CA 92373909-307-5420

Ms. Elizabeth HongChildren's Court201 Centre Plaza Dr., Suite 3Monterey Park, CA 91754213-526-6377

Hon. Jaime CorralNortheast Juvenile Justice Ctr1601 E. Lake Ave.Los Angeles, CA 90033213-226-2975

Ms. Shawna MooreCity of Lakewood Teen CourtLakewood Municipal Probation445 S. Allyson ParkwayLakewood, CO 80226

Mr. Fred RogersCity of WestminsterTeen Court3030 Turnpike DriveWestminster, CO 80030

Chaffe County Teen CourtP.O. Box 417Salida, CO 81201719-539-3682

Ms. Arlene Jaramillo-MadisonBoulder Co. Sheriffs Dept.Teen CourtBoulder Municipal Court1777 6th St., P.O. Box 8015Boulder, CO 80306303-441-3033

Ms. Deb SchmiererCity of Loveland Teen CourtEmployee Relations500 E. 3rd St.Loveland, CO 80515303-962-2377

Florida

Ms. Sharon ZehnerBay County Teen Court301 McKenzie Ave.Panama City, FL 32401904-747-5191

Ms. Fran CrandallCourt AdministrationJuvenile Arbitration/Teen Court

Program118 W. Olympia Ave.Punta Gorda, FL 33950813-637-2281

Mr. Richard HallamLee County Teen Court1700 Monroe St.Fort Myers, FL 33901813-335-2347

Ms. Mary VardyCoordinatorPolk County Teen CourtDrawer J-111Bartow, FL 33830813-741-4027

Ms. Sharon KeenProgram CoordinatorTeen Court, Room 230419 E. Pierce St.Tampa, FL 33602813-272-5642

Ms. Shirley SantillanaJuvenile Justice Center2000 E. Michigan St.Orlando, FL 32806407-836-7507

Ms. Kathleen SelfExecutive DirectorSarasota Teen CourtP.O. Box 48927Sarasota, FL 34230813-951-4278

Ms. Terri VickersCoordinatorManatee County Teen CourtP.O. Box 1000Bradenton, FL 34206813-741-4027

Ms. Bunny RhodesAsst. Clerk of Court200 So. OhioLive Oak, FL 32060904-364-3538

Ms. Karen KerrCoordinatorOsceola Teen Court, Inc.Osceola County Court House717 West Bryan StreetKissimmee, FL 34741407-847-1363

Ms. Gladys SanchezHillsborough Co. Teen Court800 E. Kennedy Rd.Court House Annex, Rm. 204Tampa, FL 33602813-626-8111

Ms. Kathie RoweTeen Court CoordinatorAlachua Co. Teen CourtAlachua Co. Courthouse201 E. University Ave.Gainesville, FL 32601(352) 374-3689

Mr. Russ LandrySCALES ProjectLeon County Court House301 S. MonroeTallahassee, FL 32301904-488-4265

Mr. Ed LangeLegal Studies CoordinatorDuncan Fletcher High School700 SeagateNeptune Beach, FL 32266904-249-5635

Ms. Pamela RoebuckState Attorney's Office50 Kindred St.Stuart, FL 34996407-288-5646

Deputy Dave TrimmSt. Lucie Sheriffs OfficeP.O. Box 2148Ft. Pierce, FL 34954407-489-3350

Ms. Vicki ArkoPinellas Co. Sheriffs Off.10750 Ulmerton Rd.Largo, FL 34648813-587-6235

Mr. Dick HarbaughTeen Court CoordinatorSeminole County Teen Court110 E. Commercial St.Sanford, FL 32771407-323-4330

Honorable William P. WhiteEscambia County Teen Court190 Governmental CenterPensacola, FL 32501904-436-5551

Georgia

Mr. John DennisCourt CoordinatorJuvenile Court of Cobb County1738 County Farm Rd.Suite 250Marietta, GA 30060-4028404-528-2287

Hawaii

Mr. Dan StraightHawaii Island YWCA TeenCourt

145 Ululani StreetHilo, HI 96720808-934-7792

Idaho

Mr. Greg HuffYMCA Youth Court1050 West State StreetBoise, ID 83702208-344-5502, ext 253

Ms. Jamie BanisterYouth CourtJuvenile Justice DivisionP.O. Box 4926Pocatello, ID 83205-4926208-234-1082

Illinois

Ms. Dee Ann RyanTeen Court CoordinatorPeer Court, Inc.100 W. North St.Danville, IL 61832217-443-9044

Ms. Martha Fog leJuvenile Arbitration14500 49th St. NorthSuite 277Clearwater, FL 34622

Ms. Mary Bybee574 4th St.Idaho Falls, ID 83401208-522-5155

Ms. Myrna GoldsmithPeer Jury for the Clerk ofCook Co. Circuit Ct.

3rd District Circuit Ct. ofCook County

2121 EuclidRolling Meadows, IL 60008708-818-2035

182

Ms. Bonnie HolbachTeen Court CoordinatorHernando County Teen Court20 N. Main St.Brooksville, FL 34601904-754-4201, ext. 174

Ms. Trish BorresenYouth Court CoordinatorTwin Falls School District300 N. LincolnJerome, ID 83338208-324-1170

Ms. Lolita JunkCoordinatorKnox County Teen Court55 W. ThompkinsGalesburg, IL 61401309-345-3800

Indiana

Ms. Deborah BakerTeen Court803 Franklin St.Michigan City, IN 46360219-879-5151

Ms. Terry HudsonKnox Co. Teen CourtKnox Co. Probation Dept.Courthouse BasementVincennes, IN 47591812-885-2518

Ms. Dawn MastinHuntington Co. Teen Court48 E. Franklin St., Suite 300Huntington, IN 46750219-356-9681

Iowa

Ms. Candice LambiStory County Teen Court315 6th St.Ames, IA 50010515-233-3346

Kansas

Ms. Tracy LoughWichita Youth Ct. Institutedo Lough Law Office343 N. Market, Suite 200Wichita, KS 67202316-267-2525

Kentucky

Ms. Jeanie LylesTeen Court Program Manager.AOC100 Millcreek ParkFrankfort, KY 40601502-573-2350

Ms. Bonnie SchaafTeen Court CoordinatorLaporte County Teen CourtYouth Services Bureau906 Michigan Ave.Laporte, IN 46350219-362-9587

Ms. Tina RhodesTeen Court CoordinatorRR 2, Box 232Oaktown, IN 47561812-882-5817

Mr. Bill BaughTeen Court CoordinatorYouth Services Bureau222 Middlebury St.Elkhart, IN 46516219-294-3549

Ms. Charlene HendricksAssistant PrincipalHoyt Middle School, Student Ct.2700 E. 42nd St.Des Moines, IA 50317515-265-7395

Kentucky Teen Court Sites:Frankfort, KYBowling Green, KYPike County, KYMontgomery County, KYNewport, KYRichmond, KYBarren County, KYLouisville, KY

183

Ms. Cheryl BooneDirectorTeen CourtSouthside Youth Council, Inc.5110 Madison Ave.Indianapolis, IN 46227317-788-4451

Ms. Amy ForkerTeen Court Director224 S. Main St.Northeastern Center, 2nd FloorKendallville, IN 46755219-347-4400

Ms. Sandra PorterExecutive DirectorTeen Court/Crisis Center101 N. MontgomeryGary, IN 46403219-938-7070

Mr. Kevin Skellenger5th Judicial District of IowaPolk County Peer Review Court120 2nd Ave.Des Moines, IA 50309515-286-3968

Ms. Tammy KeitaFayette County Teen Court200 E. Main StreetLexington, KY 40507606-258-3814

Louisiana

Ms. Roberta BoudreauxIberia Teen CourtP.O. Box 12434New Iberia, LA 70562318-369-4451

Michigan

Ms. Dawn M. RoystonDirector of Court ServicesEaton Co. Teen Court1095 Independence Blvd.Charlotte, MI 48813517-543-7500, ext 247

Missouri

Ms. Sandy DorrellEastern Jackson CountyYouth Court3310 N.E. Beach Rd.Lee's Summit, MO 64064-2109816-524-4302

Ms. Brenda PorterProgram DirectorCole County Youth CourtCole County Juvenile Center606 LocustJefferson City, MO 65101314-634-9148

Ms. Karen BirgamNortheast Law/Public Serv.

& Military Magnet H.S.415 Van Brunt Blvd.Kansas City, MO 64124816-871-1900

Ms. Linda BainbridgeLafayette County Youth Court1108 Main StreetLexington, MO 64067816-259-4236

Ms. Linda AnsonLafayette Teen Court, Inc.P.O. Box 2666Lafayette, LA 70502318-232-5977

Mr. Michael JamesCourt DirectorProbate CourtTeen Jury Program106 E. First St.Monroe, MI 48161313-243-7023

Detective Christopher SalvaLee's Summit Police Dept.115 Southeast Second St.Lees Summit, MO 64063816-251-2751

Mr. Mike McComasGrandview Youth Court1200 Main St.Grandview, MO 64030816-767-1030

Ms. Martina PetersonKansas City Youth CourtUMKC School of Law5100 Rockhill Rd.Kansas City, MO 64110816-561-1565

184

Ms. Gay la StevensTeen Court of Winsboro/FranklinP.O. Box 689Winsboro, LA 71295318-435-3818

Mr. Tim MarvellisWashtenaw County Teen CourtJuvenile Court2270 Platt Rd.Ann Arbor, MI 48104313-971-2182

Ms. Susan WatkinsIndependence City Hall111 East MapleIndependence, MO 64050816-836-7115

Mr. Jim DunnCenter Youth Court8715 HolmesKansas City, MO 64131816-363-2260

Ms. Jo Ann LeachKansas City Youth CourtUKMKC School of Law5100 Rockhill Rd.Kansas City, MO 64110816-363-3073

Nebraska

Ms. Rosalyn TrummSarpy Co. Teen Court1210 Golden Gate Dr.Suite 2101Papillion, NE 68046402-593-2207

Nevada

Mr. Harvey PinkertonChief Juvenile Prob. OfficerSafety Complex30 Nevin WayYerington, NV 89447702-463-3396

Ms. Patty BlakemanTrial By PeersClark Co. Bar Association517 S. 9th, 2nd FloorLas Vegas, NV 89101702-387-6011

New Mexico

Ms. Karen LardTeen Court CoordinatorCurry County New Mexico2401-D N. MainClovis, NM 88102-1822505-763-7725

Ms. Cristy ThomasTeen Court of Santa Fe CountyP.O. Box 16232Santa Fe, NM 87506505-982-8899

Ms. Dorothy FullerAdministratorDona Ana County Teen CourtP.O. Drawer W.Mesilla, NM 88046

Mr. Myron S. BurdetteLyon County JuvenileAdvisory Board31 South Main St.Yerington, NV 89447702-343-1818

Ms. Lorraine TrujilloSocorro Co. Teen Court204-B Neel St.Socorro, NM 87801505-838-0133

Mr. Trevas RyanTeen Court CoordinatorDona Ana CountyP.O. Drawer WMesilla, NM 88046505-647-2154

Ms. Lou Ann PresslerMcKinley Teen CourtConnections, Inc.P.O. Box 1437Gallup, NM 87305

Mr. Humberto RodriguezTrial by PeersClark Co. Bar Assn.P.O. Box 657Las Vegas, NV 89125702-387-6011

Ms. Nancy StevensTeen Court CoordinatorTeen Court of Grant CountyP.O. Box 2812Silver City, NM 88062505-388-8085

Ms. Deborah KleinCoordinatorTeen Court of Santa Fe CountyP.O. Box 9092511 Camino EntradaSanta Fe, NM 87504-0909505-438-5132

Mr. Paul PachecoQuay Co. Teen CourtP.O. Box 912Tucumcari, NM 88401505-461-4574

Ms. Betty McNeelyOtero Co. Teen CourtOtero Co. DWATeens Need Teens1000 New York Ave.Room 101Alamogordo, NM 88310505-437-7427

Ms. Cathe SimmonsTeen Court of Lea Co., Inc.P.O. Box 831Hobbs, NM 88241505-393-7743

Mr. Ed SaenzTeen Court/GladsdenP.O. Box 283La Mesa, NM 88044505-882-3364

Ms. Marion KleberLuna Co. DWI/Teen CourtBorder Area Mental Health SvcP.O. Box 1132Deming, NM 88031505-546-2174

New York

Ms. Beth CoursenPutnam County Youth Ct.c/o Putnam Co. Youth Bureau110 Old Rte. 6, Building 3Carmel, New York 10512225-6316

Mr. Robert JewettOneida Co. Justice Center214 Rutger St.Utica, NY 13501-3634

Mr. Cas KonieczaExecutive DirectorOlean Youth BureauP.O. Box 668Olean, NY 14760716-376-5646

Mr. Anthony AragonBernalillo Co. Teen CourtJuvenile Justice CenterP.O. Box 488Albuquerque, NM 87103505-841-7358

Ms. Joann AriteCibola Co. Teen Court515 W. High St.Grants, NM 87020505-285-5025

Mr. James KisselburgChaves Co. Youth ServicesChaves Co. Teen Court1902 S. Main St.Roswell, NM 88201505-622-0811

Ms. Bobbie SandersSierra Co. Teen CourtSierra Co. DWI Program505 SimsTruth or Consequences, NM87901505-894-6673

Ms. Kim KozlowskiOnondaga Youth CourtOnondaga Co. Probation Dept.Civic Center421 Montgomery St.Syracuse, NY 13202315-435-3167

Ms. Sheryl SaundersWashington Co. Dept. of Soc.Serv.Upper BroadwayFort Edward, NY 12828518-746-2300

Mr. Stephen ContiMontgomery Co. Youth BureauCo. Ofc Bldg., Annex Park St.P.O. Box 1500Fonda, NY 12068518-853-4355

186

Mr. Tom Mc CantsHidalgo Co. Teen Court500 E. 13th St.Lordsburg, NM 88045505-542-8414

Ms. Leah WilliamsArtesia Teen Courtdo Artesia High School1002 RichardsonArtesia, NM 88210505-746-9816

Mr. Ron GrahamTorrance Co. Teen CourtOffice of DWI PreventionP.O. Box 48Estancia, NM 87016505-384-5448

Mr. Barry JollyCity of Porta les Teen Court100 W. First St.Portales, NM 88130505-356-6662

Ms. Kathleen KnoppOswego City Youth CourtOswego City/Co Youth Bureau70 Bunner StreetOswego, NY 13126315-349-3454

Mr. Scott PetersonColonie Youth Court312 Wolf Rd.Public Safety CenterLatham, NY 12110518-782-2638

Ms. Elaine ForbesJamestown Youth BureauCity Hall200 E. Third St.Jamestown, NY 14701716-483-7516

Mr. Jeffrey RosenthalGreater Amsterdam Youth CourtGui Park Ave. ExtensionAmsterdam, NY 12010518-853-4355

Mr. Charles HolbrookTown of Clarkstown Youth Court10 Maple Ave.New City, NY 10956914-639-2000

Mr. Michael WarthlingDetectiveTonawanda Youth CourtCity Hall200 Niagara St.Tonawanda, NY 14150716-692-2121

North Carolina

Ms. Dilcie PerezTeen Court AdministratorCumberland Co. DisputeResolution CenterP.O. Box 1786Fayetteville, NC 28302910-486-9465

Ms. Michelle FarrisTeen Court AdministratorTeen CourtScotland County CourthouseLaurinburg, NC 28352910-277-3228

Ms. Marcia MoreyTeen Ct. CoordinatorDurham Co. Judicial Bldg.6th Floor200 Main St.Durham, NC 27701919-560-6044

Mr. Jerry SchondorfDirectorStudent CourtCommunity School District 29One Cross Island PlazaRosedale, NY 11422718-978-5900

Detective Michael PiedimonteYouth Ct of the Tarrytowns150 Franklin St.Tarrytown, NY 10591914-634-1505

Ms. Marlene FurtickMount Vernon Youth BureauCity Hall Roosevelt SquareMt. Vernon, NY 10550914-665-2344

Mr. Jerry SchoffnerTeen Court Project ManagerForsyth County Teen Court214 N. Spring St.Winston-Salem, NC 27101910-724-9923

Det. Wayne WrightTeen Court AdministratorRockingham Co. Sheriffs DeptP.O. Box 128Wentworth, NC 27375910-634-3238

187

Lt. SicoliWest Seneca Youth Court1250 Union RoadWest Seneca, NY 14224716-674-2280

Mr. Lamont BurleyYouth Court Program DirectorBuffalo Youth Court2301 City HallBuffalo, NY 14202

Ms. Sylvia RowlandsDelaware County Youth Courtdo Delaware County YouthBureau

Box 85 AHamden, NY 13782607-865-5136

Ms. Tina FoxProgram DirectorRowan County Teen CourtP.O. Box 4217Salisbury, NC 28144704-633-5636

Mr. Joe ElliotBuncombe Alternatives, IncTeen Court ProgramBuncombe County Courthouse,RM 4055Asheville, NC 28801704-251-4959

Ohio

Ms. Diana Lauck CookTeen Court CoordinatorTeen Court Pilot Project1483 Arcadia Rd.Kent, OH 44240216-673-7406

Oklahoma

Ms. Rhonda Simmons-GriffitsPresident, Board of DirectorsLawton Teen Court, Inc.S. Shelper, Rm 4152800 W. Gord Blvd.Lawton, OK 73505405-581-2391

Ms. Kathy No linArdmore Youth CourtP.O. Box 1413Ardmore, OK 73401405-223-1212

Mr. Mike MillerWashington County Youth Courtdo Bartlesville Police Dept.100 E. Hensley StreetBartlesville, OK 74003918-337-1000

Oregon

Judge Dolores BryantOntario Teen Court380 SW FirstOntario, OR 97914503-889-5712

Ms. Melinda Baxter-JonesTeen Court CoordinatorTeen Court of Lincoln County53 S.W. Lee St.Newport, OR 97365541-574-0865

Ms. Patricia C. PlattTeen Court224 E. Main StreetHall of JusticeFairfield County Juvenile CourtLancaster, OH 43130

Ms. Dee HarrisonBlaine Co. Teen CourtP.O. Box 138Watonga, OK 73772405-623-5323

Mr. Ted MontgomeryArdmore Youth Court23 S. Washington St.Ardmore, OK 73401405-223-1212

Ms. Sherry PresslerDirector of Youth EnhancementProgramsP.O. Box 108Bend, OR 97709503-388-5566

Mr. William Blevins130 N. BakerMcMinnville, OR 97128503-434-7436

Iq8

Ms. Honey BaileyTeen Court, Inc. of LawtonComanche County CourtRoom 408Lawton, OK 73501405-250-1466

Mr. Jim HamiltonNE Oklahoma City Youth Court3100 N. Kelly Ave.Oklahoma City, OK 73111

Ms. Jan JanssenCoordinatorAshland Youth Diversion

Program1155 E. Main St.Ashland, OR 97520503-488-2211

Sgt. Gary DodsonBeaverton Youth Peer CourtBeaverton Police Dept.P.O. Box 4755Beaverton, OR 97076503-526-2260

Pennsylvania

Mr. Carl E. AndersonPeer Jury ProgramJuvenile Probation DepartmentRoom 1- Basement, Erie County

Court HouseErie, PA 16501814-451-6318

Ms. Jennifer E. KirknerNorthumberland Co. Peer Jury

Program370 Market St.Sunbury, PA 17801717-988-4174

South Dakota

Ms. Marlene ToddCoordinatorTeen CourtP.O. Box 227Deadwood, SD 57732605-578-2056

Texas

Ms. Sue SmithJustice of the Peace Ct., Pct. 7780 West Debbie LaneP.O. Box 691Mansfield, TX 76063817-473-1381

Judge Roy KurbanJustice of the Peace, Pct 7780 West Debbie LaneP.O. Box 691Mansfield, TX 76063817-473-1381

Mr. Charles MonteHenderson County Teen CourtP.O. Box 227Athens, TX 75751

Mr. Michael W. McCalpinBlair County Peer Jury ProgramBlair County Juvenile ProbationOffice

509 Walnut St., Highland HallAnnex, 2nd Floor

Hollidaysburg, PA 16648814-695-5541

Mr. Mitch PresnallTeen Court CoordinatorP.O. Box 1366Amarillo, TX 79105-1366806-378-4224

Ms. Jeanne Denson6713 Telephone Rd.Lake Worth, TX 76135817-238-4425

Ms. Kerry ZuhlkePoteet High SchoolP.O. Box 138Poteet, TX 78065512-436-6831

is 9

Mr. Frederic J. AmmermanTeen Court of Clearfield Co.do District Attorney's Office231 East Market St.Clearfield, PA 16830814-765-2641

Mr. Earnest MerrittAbiline Teen CourtCity of AbileneP.O. Box 60Abilene, TX 79604915-676-6494

Ms. Karen BrewerYoung County Teen CourtRt. 1, Box 121Graham, TX 76450317-549-0350

Ms. Jean GriffinIrving Teen CourtP.O. Box 152288Irving, TX 75061214-721-3601

Ms. Barbara SullivanCity of Plainview Teen Ct.Box 18709Plainview, TX 79072806-296-1177

Mr. Edward CooperTeen CourtCity of LubbockP.O. Box 2000Lubbock, TX 79457806-767-2480

Ms. Patricia RogersYoung Co. Teen CourtRt. 1, Box 121Graham, TX 76450817-549-3409

Ms. Nancy SchilhabEvelyn M. Lord Teen CourtP.O. Box 3827Beaumont, TX 77707409-860-5891

Mr. Hank MyersDawson County Teen CourtBox 1436Lamesa, TX 79331806-872-3714

Ms. Lela McCoyGrand Prairie Teen Court801 Conover Dr.Grand Prairie, TX 75051214-660-9085

Ms. Jane CraigTeen Ct. CoordinatorWestlake DriveWestlake Hills, TX 78746-4599512-327-1862

Ms. Vicki WinfordDawson County Teen CourtBox 1436Lamesa, TX 79331806-872-3233

Judge Raul VasquezLaredo Teen Court, Inc.1110 Victoria St., Suite 303Laredo, TX 78040210-721-2630

Ms. Camellia RyanCity of Benbrook141 Covington DriveBenbrook, TX 76126817-249-0596

Ms. Kathey CornerTyler Teen CourtP.O. Box 488Tyler, TX 75710903-595-1218

Mr. Ted B. DoddPerrytown Teen CourtP.O. Box 849Perryton, TX 79070806-435-4014

Ms. Elena AlvarezCity of Forest Hill3336 Horton Rd.Forest Hill, TX 76119817-531-5270

Ms. Margaret SimonBoys & Girls Club4424 Avenue P.Galveston, TX 77550409-765-8615

Ms. Cynthia WhiteCity of LewisvilleTeen CourtP.O. Box 299002Lewisville, TX 75029-9002214-219-3410

Mr. John T. (Tom) Stamps4511 Lisa LaneWichita Falls, TX 76309817-767-8308

19

Ms. Carrie BardenLamb County Teen CourtLamb Co. Juvenile ProbationLamb Co. CourthouseRoom B02Littlefield, TX 79339806-385-5244

Mr. Chuck PerryCrowley Teen CourtP.O. Drawer 747Crowley, TX 76036817-297-2201

Ms. Deborah HollifieldDenton County Teen Court6301 MainThe Colony, TX 75056214-625-7575

Mr. Gary D. TrammelBreckenridge Teen CourtAttorney at Law108 E. WalkerBreckenridge, TX 76424

Mr. Mike BassArlington Teen CourtP.O. Box 231Arlington, TX 76004-0231817-459-6953

Ms. Beth CochranLongview Teen CourtP.O. Box 3895Longview, TX 75606903-758-8929

Ms. Linda BlairFort Worth Teen Court1000 ThrockmortonFort Worth, TX 76102817-871-8681

Ms. Jami JohnsonCoordinatorTeen Court of TexarkanaP.O. Box 1967Texarkana, TX 75504903-794-3434

Ms. Janice LoweTri-County YMCA Teen Court109 WillowickFriendswood, TX 77546713-482-1122

Ms. Kathy AbelanetNorth Richland Hills Teen Ct.6720 NE Loop 820North Richland Hills, TX 76180817-581-5758

Ms. Tammy ArispeGrayson County Teen Ct.9501 DyessDenison, TX 75020903-786-6326

Ms. Diana RamosMcAllen Police Dept./Teen Ct.1501 Pecan Blvd.McAllen, DC 78501210-631-7111

Ms. Judy LondonYoakum Co. Teen Court412 W. 5thDenver City, TX 79323

Hon. Edie ConnellyS. County YMCA Teen Court9909 Grogan's Mill Rd.The Woodland's, TX 77380713-363-4428

Mr. Brad BradleySouthlake Teen Court667 N. Carroll Ave.Southlake, TX 76092817-488-8048

Mr. Pete LoweCenter Police Department301 Nacogdoches StreetCenter, TX 75935

Ms. Kathy HaeckerTeen Court CoordinatorHEB Teen Ct.P.O. Box 157Bedford, TX 76095817-952-2468

Ms. Shirley PhillipsMatagorda County Teen Court2207 Avenue H.Bay City, TX 77414409-245-1401

Mr. Ealy BoydCouncilmanCity of Forest Hill6880 Forest Hill Dr.Forest Hill, TX 76140817-531-3000

Ms. Brenda JonesAngelina Teen CourtP.O. Box 908Lufkin, TX 75902409-634-8987

Mr. Orlando GarciaTeen Court DirectorMartineau Juvenile Hall2310 Golliher Rd.Corpus Christi, TX 78415512-855-7505

Ms. Mary BeckExecutive DirectorMidland Teen Court615 W. Missouri, #226Midland, TX 79701915-689-1065

Mr. Hartley SappingtonGeorgetown Teen CourtP.O. Box 409Georgetown, TX 78627512-930-3637

Ms. Olivia HarringtonDuncanville Teen CourtP.O. Box 380280Duncanville, TX 75138-0280214-780-5017

Ms. Tammy HawkinsTeen Courtdo Municipal Court201 N. GrantOdessa, IX 79761915-335-3352

Ms. Dianna MonsonKarnes County Teen CourtKarnes Juvenile Probation

Department101 N. Panna Maria Ave.Suite 3Karnes City, TX 78118210-780-2228

Ms. Cheryl BrownWilson County JuvenileProbationWilson County Courthouse1420 3rd StreetFloresville, TX 78114210-393-7349

Mr. Philip De La RosaAssociation Community Outreach

DirectorYMCA of Greater Houston1600 LouisiannaHouston, TX 77002713-659-5566

Ms. Karen GagePlano Teen CourtP.O. Box 8603581405 Ave. HPlano, TX 75086214-516-2191

Ms. Joyce RobbinsCarrollton Teen Court3740 North JoseyCarrollton, TX 75007214-394-4171

Utah

Mr. Ronald ShawSpringville Teen Court165 S. 700th EastSpringville, UT 84663801-489-2880

Ms. Teresa Pie leWest High Peer Court241 N. 300th WestSalt Lake City, UT 84103801-578-8500

Vermont

Ms. Beth DuttonAdvisorWindsor County Youth CourtWindsor High SchoolWindsor, Vermont 05089800-674-6344

Mr. Danny FreisnerCity of Plano Teen Court

ProgramYouth Intervention Services2600 Ave. K. Suite 262Plano, TX 75074214-578-2802

Sgt. Stephen MattinsonSpanish Fork City Youth CourtSpanish Fork Police Dept.875 N. MainSpanish Fork, UT 84660801-798-5010

Mr. Lavon LaursonYouth Court4th District Circuit Court98 N. CenterAmerican Fork, UT 84003801-756-2281

Mr. John F. McNamaraAdministratorUtah Juvenile CourtState Ct Administrator's Office230 South 500 East Suite 300Salt Lake City, UT 84102801-578-3880

Teen Court Programs Listed by Model'

Trial Model ACoconino County Teen Court; Flagstaff, AZPinal Court Teen Court; Florence, AZGraham County Teen Court; Safford, AZTempe Justice Teen Court; Tempe, AZYouth Court; Modesto, CAAurora Teen Court; Aurora, CODenver Teen Court; Denver, COOsceola Teen Court, Inc.; Kissimmee, FLSCALES Project; Talahassee, FLHillsborough County Teen Court; Tampa, FLPolk County Peer Review Court; Des Moines, IAAda County Youth Court; Boise, IDPeer Court, Inc.; Elkhart, INFayette County Teen Court; Lexington, KYTeen Court; Silver City, NMYouth Enhancement Programs; Bend, ORBeaverton Youth Peer Court, Beaverton, ORTeen Court of Clearfield County; Clearfield, PAArlington Teen Court; Arlington, TXHEB Teen Court; Bedford, TXGeorgetown Teen Court; Georgetown, TXIrving Teen Court; Irving, TXKarnes County Teen Court; Karnes, TXLongview Teen Court; Longview, TXMidland Teen Court; Midland, TXOdessa Teen Court Program; Odessa, TXCity of Plano Teen Court; Plano, TXTyler Teen Court; Tyler, TXFort Worth Teen Court Program; Fort Worth, TXBuncombe Co. Teen Court Program; Asheville, NCCumberland Co. Teen Court; Fayetteville, NCLaPorte County Teen Court (Sr. High); LaPorte, IN

Trial Model BAnchorage Youth Court; Anchorage, AKCity of Arvada Teen Court; Arvada, COColonie Youth Court; Latham, NYLaPorte County Teen Court (Jr. High); LaPorte, INSouth lake Teen Court; South lake, TX

Trial Model CYouth Court of Tanytown; Tarrytown, NYLee's Summit Youth Court; Lee's Summit, MODelaware County Youth Court; Hamden, NYTonowanda Youth Court; Tonawanda, NYOnondaga Youth Court; Syracuse, NY

Peer Jury ModelEaton County Teen Court; Charlotte, MILancaster Youth Court; Lancaster, CATeen Ct/Northeast Juv. Justice Ctr.; Los Angeles, CABlair County Peer Jury Program; Hollidaysburg, PANorthumberland Co. Peer Jury Program; Sunbury, PAPeer Jury Program; Erie, PA

IThis represents a partial listing of teen court programs categorized according to the type of program model followed. Please note that, at times,

classification was made on limited information.

193

Appendix B Peer Justice and Youth Empowerment: An lmpkmentation Guide for Then Court Programs

APPENDIX

SAMPLE SOURCES FOR PROGRAMDEVELOPMENT

AND IMPLEMENTATION

4 Sample Program Development Goals and Tasks for theImplementation of a Teen Court Program

0 Sample Teen Court Program Development Timeline


194

Sample Program Development Goals and Tasksfor the Implementation of a Teen Court Program

Goals Tasks Rationale

Develop plan for organizing andcultivating the support of thecommunity

research teen court concept andgather information on variousprogramssecure support from local chiefjuvenile judgeidentify key stakeholdersdevelop preliminaryinformational packetinitiate contact with keystakeholdersmake presentations to communityorganizations about teen courtprogramdevelop strategies formaintaining communityinvolvement and support

Teen court programs are administered andoperated by various agencies andorganizations in the community, and relyheavily on community resources.Therefore, community involvement andsupport is essential throughout theconception, development, and life of theteen court program to assure the deliveryof effective services and the financialsecurity of the program.

Form task force/advisory committee recruit members with knowledgeand skills needed during thedevelopment and implementationprocessdevelop action plan for programdevelopment and implementationcreate subcommittees to addressspecific issues (e.g., targetpopulation, referral procedure,funding, marketing)conduct thorough needs andresources assessment

Involving representatives from variousareas of expertise helps bring fresh anddiverse perspectives to the developmentand implementation process, thus yieldingmore reliable and credible information onwhich to build a foundation. Tasks can bedivided and distributed among committeemembers, allowing an opportunity formore contacts to be made and moreresources in the community to bediscovered.

Conduct needs and resourcesassessment

determine the type of informationto be gatheredidentify possible data sourcesestablish a mechanism forcollection, organizing and storingdatadetermine how results will beused

Teen courts must meet local needs to beaccepted and supported. A thoroughneeds and resources assessment willprovide information helpful to decision-making throughout the development andimplementation of the program.Information gathered also can help marketthe program and provide good baselineinformation for program evaluation.

195

Examine legal issues determine jurisdictionalrequirements for authorization tooperateexamine and resolve due processissuesexamine and resolveconfidentiality issuesexamine and resolve liabilityissues

There are no uniform, national laws, orguidelines for teen court programs.Therefore, teen court program startupefforts should include a thorough search ofstate law to identify basic jurisdictionalauthority for operation and to ensurecompliance with special teen courtlegislation in the future.

Secure funding for the teen courtprogram

create a program budgetestablish a standard accountingprocedureidentify possible sources of in-kind and monetary supportdevelop a funding plan

Teen court programs vary according to theamount of funding needed to operate.Many teen court programs report that it isa constant struggle to obtain adequatefunding, so program organizers and staffshould be prepared to devote considerabletime and resources to fund raising effortson an ongoing basis.

Hire teen court program staff determine how program will bestaffeddevelop job descriptions andapplication processdevelop method for evaluation ofstaff performancerecruit and hire staffdevelop strategy for professionaldevelopment for staff

Teen courts have many moving parts anddepend heavily on volunteers; however, toassure program accountability, someonemust be designated to oversee andcoordinate the operations and services ofthe program.

Determine the function, programmodel, and procedure of the teencourt hearings

determine if the teen courthearings will serve a sentencingfunction only of if they also willdetermine guilt and innocencedetermine if hearings will followa trial model or peer jury model(as outlined in Chapter 1)write a courtroom protocol

By determining the function, programmodel, and procedure the teen court willfollow, programs will be able to state the:

primary purpose of the teen courthearings (i.e., sentencing only,determination of guilt or innocence);types of volunteers needed to conductthe teen court hearing; andsequence of events of the teen courthearings.

Develop a program purpose, goalsand objectives

determine deficiencies or areas ofneed in community that can beaddressed by teen courtdevelop program purposedevelop program goalsdevelop program objectives thatare specific, measurable, andresults-oriented

The development of a program purpose,goals and objectives provides a foundationupon which other program elements canbe defined (e.g., target population,program services). Carefully articulatedgoals and measurable objectives offersagencies a mechanism that can helpprograms:

remain focused on what they are tryingto achieve; andevaluate their results.

Determine offender target populationand referral process

solicit input from stakeholdersidentify underserved juvenileoffender populationsidentify any guidelines andconstraints (e.g., statute oragency policy) that affect thetypes of cases that can bediverted to a teen courtmap flow of cases through thejuvenile justice systemidentify potential referral sourcesestablish referral criteria anddevelop referral forminform and educate referralsources

Teen court program cannot serve alljuvenile offenders. To remain focused anddeliver effective services, a teen courtprogram should clearly define the targetpopulation it is designed to serve andestablish a referral mechanism that willensure it receives appropriate cases.

Design program services examine needs of youth, victims,and the communitydesign sentencing options foroffendersdesign services for victimsdesign additional services forvolunteers and communityidentify agencies andorganizations in the communitythat can provide services for theteen court program (e.g.,community service sites,educational and counselingservices)negotiate and write interagencyagreements or contracts withcommunity agencies for services

The nature of teen court programs allowsfor considerable flexibility and creativity indetermining the types of services andsentencing options that can be offered.Programs should strive to implementservices that will offer maximum benefitsto juvenile offenders, youthful volunteers,victims, and the community, while stilladhering to the established goals of theprogram. By collaborating andcoordinating with other service providersin the community, teen court programscan:

compensate for time and budgetaryconstraints of the teen court program;andreduce role confusion and overlappingof services with other agencies andorganizations.

Develop public relations materials develop program logo/slogandevelop teen court programbrochuredevelop informational packetdevelop video/slide show

Public relations materials are needed tohelp teen court program organizers andstaff market and increase the visibility ofthe program and its services.

Develop a management informationsystem (MIS) and effective casemanagement practices

establish a system formaintaining case files andprogram recordsdetermine the type of informationto be kept on defendantsdevelop program formsestablish intake processestablish procedure for docketingcases and assigning volunteers toteen court hearingsdevelop procedure for monitoringcase progress after the jury'sverdictdevelop a mechanism fortracking successful andunsuccessful termination of cases

Effective MIS and case managementpractices can help assure programaccountability and integrity and provide ameans for tracking data that can be usefulin future program evaluations.

Determine when, where, and howoften teen court hearings will be held

examine cases being referred (orexpected to be referred) to theprogramlocate space for hearings (e.g.,courtroom)determine when (days/evenings)and how often hearings will beheld (e.g., once a month, once aweek)

It is essential that teen court programshave adequate space to conduct the teencourt hearings. Two reasons that staffshould give careful consideration to whenand how often teen court hearings will beheld are:

to ensure that cases are docketed andheard in a timely manner; andto allow for optimal participation fromvolunteers.

Recruit volunteers determine what adult and youthvolunteer roles are necessary forthe particular program model ofteen court chosendetermine additional roles thatadult and youth volunteers canperform for the teen courtprogramdevelop volunteer jobdescriptionsdevelop volunteer applicationand screening processidentify sources for recruitingvolunteersdetermine strategies and methodsfor recruiting volunteersestablish strategies for sustainingvolunteer support

All teen courts rely on youth and/or adultvolunteers to carry out roles during theactual teen court hearings; however,beyond that, the extent to which and thecapacity in which volunteers are usedamong programs differs. Involving thecommunity members in teen courtprograms in creative ways can helpincrease support and ownership of theprogram and can help reduce the workloadof overburdened staff.

Develop volunteer training program identify types of training to beoffered (i.e., preservice,orientation, in-service)select training contentdevelop training materialsdetermine methods of trainingdeliverychoose location and times oftrainingselect training facilitatorsdevelop method for evaluationtraining program

Training provides volunteers with theknowledge and skills needed to performtheir assigned roles effectively andefficiently. It also provides volunteerswith an opportunity for personal growthand enrichment.

Establish a method for program determine who will conduct the Program evaluation:

evaluation program evaluation improves the capacity of teen courts todetermine the specific research successfully compete for limited publicquestions to be answered funds and support;determine the evaluation design promotes agency and communityto be used accountability; anddetermine information needed to creates a learning environment andbe collected and how informationwill be tracked

contributes to organizational growth.

develop procedure for reportinginformation

199

Appendix C Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPENDIX C

SAMPLE TEEN COURT PROG M B OC URES

Fort Worth Teen Court Program, Fort Worth, Texas

Colonie Youth Court of the Youth Courts of the CapitalDistricts, Inc., Latham, NY


200

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Appendix D Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPEN IIX

SAMPLE FORMS

0 Referral FormO Victim Impact Statement and Restitution Statement0 Intake FormO Waiver and Consent Forms

O Advise About the Teen Court ProgramO Teen Court Contract AgreementO Juvenile and Parent Consent FormO Liability Release FormO Release of Information

O Docket FormO Log SheetO Trial NoticeO Instruction Sheet for DefendantO Assignment for Upcoming TrialO Jury Duty SummonsO Oath of ConfidentialityO Attorney Case Analysis FormO Bailiff's FormO Clerk's Record of HearingO Judge's Hearing Notes .

O Jury Verdict FormO Community Service Agreement0 Community Service Time Sheet (Agency Report)O Referral to an Education Program FormO Successful Termination Form0 Noncompliance Form


209

222 Middlebury StreetElkhart IN 46516294-3549

REFERRAL TO TEEN COURTINFORMATION FORM

NAME CASE NO.'

AGE 0.0.3. SCHOOL

ADDRESS

PARENT/GUARDIAN

HOME PHONE NO PARENT/GUARDIAN WORK PHONE NO

DATE OF OFFENSE

(3944SE

VICTIM VICTIM'S PHONE NUMBER

ADDRESS

essemAL Der ALS OF THE OFFE4SE

COMMENTS:

Please attach any Victim Impact Statement(s) received and any restitution amounts already deter-mined.

REFERRE) BY

DATE

BEFORE INTAKE AF1ER uvrAKE

210

VICTIM IMPACT AND RESTITUTION STATEMENT

Part I of this form is a Restitution Statement. This completed section is a list of losses and/ordamages you have suffered as a result of the crime. Please send COPIES of all documentation suchas bills, damage estimates, receipts of purchase, appraisals, and insurance reimbursement.

Part II of this form is a Victim Impact Statement. This settlement provides an opportunity for you toexpress to the Court your feelings regarding sentencing.

IT IS VERY IMPORTANT THAT YOU COMPLETE THIS PAPERWORKAND RETURN IT WITHIN THE TEN (10) DAY TIME LIMIT

STATE OFFLORIDA v. Teen Court Case #

Victim's Name: Charge:

Name of person completing this fornr

Your mailing address.

Home phone number: Work phone number:

Name of victim.

Mailing address.

Home phone number: Work phone number:

The following questions are asked for statistical purposes only:Age: Sex: Race: Marital Status:Number of dependents: Is the victim handicapped:

PLEASE CHECK ONE OF THE FOLLOWING:

I would like to be present for the Court proceedings. It is my understanding that I will not becalled as a witness, but that I may submit to the Teen Court Coordinator, in advance, theattached Victim Impact Statement.

I will be unable to be present for the Court proceedings. However, I would like my attachedVictim Impact Statement provided to the teen jury.

I do not wish to be present for the Court proceedings and I do not wish to make anystatement.

2 11

Defendant Name:.PART I - RESTITUTION STATEMENT

PLEASE CHECK:

The victim is NOT seeking restitution in this case. (If this statement is checked it is notnecessary to complete this section. Go to page 3 and sign.)

The victim is seeking restitution in this case. (Please complete the following section.)

******************************************************************************

LOST WAGES

Did you incur lost wages as a result of this crime? Yes NoIf yes, name employer:Employer's address.Employer's phone number:Amount of lost wages.

******************************************************************************

INSURANCE INFORMATION

Have you filed a claim with any insurance company in order to recover losses incurred as a result ofthis crime? Yes NoIf yes, list the name of the insurance company?Type of Insurance: Life Health Property AutoInsurance Company's address.Insurance Company's phone number:Your deductible.Has this insurance company paid your claim? Yes NoIf yes, please forward a copy of this form to your insurance company.

******************************************************************************

MEDICAL INFORMATION

Please attach COPIES of any medical bills incurred as a result of this crime.

Do you anticipate any additional medical bills? If so, please list.

******************************************************************************

1.

2.3.

PROPERTY LOSS AND DAMAGE

ITEM PURCHASE PURCHASE FAIR MARKET DAMAGEDATE PRICE VALUE ESTIMATE

Please attach a sheet of paper if you need to continue this listing.

TOTAL AMOUNT OF PROPERTY LOSS AND/OR DAMAGE $

TOTAL AMOUNT OF RESTITUTION YOU ARE SEEKING $

212

Teen Court Case //-Victim Name.Defendant Name.

PART II - VICTIM IMPACT STATEMENT

The Victim Impact Statement allows you the opportunity to provide information to the Teen Juryconcerning this crime's impact on your life. Please do NOT repeat the facts surrounding the case. Informulating your statement, consideration of the following questions may prove helpful.

1. Have any changes occurred in your life as a result of this incident?2. How did being a crime victim affect you? Your family?3. Are there any lasting effects of this incident still being experienced by you or other members

of your family?4. Do you have an opinion regarding the sentencing of which the Teen Jury should impose?

Use the remainder of this sheet to formulate your statement. Attach an additional sheet of paper ifneeded.

Date.

Signature of person completing this form and/or victim:

Should you have any questions, please call Terri Vickers, Teen Court Coordinator at (813) 741-4027,

Monday through Friday, 9:30 am - 6:00 pm.

Please mail form to:

Terri Vickers, Teen Court Coordinatorc/o R. B. "CHIPS" SHORE, Clerk of Circuit CourtBradenton, Florida 34206

2133

INTAKE FORM FOR TEEN COURT DEFENDANTS

NAME OF DEFENDANT-

AGE OF DEFENDANT.

OFFENSE:

DATE/TIME OF OFFENSE:

INFORMATION REGARDING THE OFFENSE ACCORDING TO THE DEFENDANT:

******************************************************************************

SCHOOL DEFENDANT ATTENDS:

GRADE:

GRADES RECEIVED:

IN-SCHOOL OR OUT-OF-SCHOOL ACTIVITIES:

EMPLOYMENT-

LENGTH OF EMPLOYMENT.

FUTURE PLANS:

HOBBIES/INTERESTS:

INDIVIDUAL/FAMILYSTRESSORS AROUND TIME OFINCIDENT.

ALCOHOL/DRUG HISTORY INTHE FAMILY.

PREVIOUS COUNSELING.

OTHER PERTINENT INFORMATION.

2-15

Source: LaPorte Teen Court Program, LaPorte, IN

Honorable Edward DawsonPresiding Judge

Robert Duber IIJudge - Division II

Robert CastanedaChief of Probation

John V. YanezTeen Court Coordinator

ANL

TEEN COURT

'gob

Gila County Courthouse1400 East Ash StreetGlobe, Arizona 85501Phone: 425-3231, ext. 256

ADVICE ABOUT THE TEEN COURT PROGRAM

RE: OFFENSE:

CASE #: COMMITTED ON:

I. Teen Court is an alternative way of dealing with youths who have admitted to amisdemeanor offense. You will present yourself to a Teen Jury, present your case and thatjury will decide your punishment.

2. The Jury may require you to do certain things, such as Community Service, attendTraffic Survival School, participate in a Minor Consumption Awareness Workshop,become involved in an After School Tutoring Program, attend a Self-Esteem Workshop,as well as other options.

3. If you opt for and complete the Teen Court Program, this referral will not be heldagainst you in any future proceedings. If you do not follow the diversion agreement, theTeen Court Coordinator will refer your case back to the Juvenile Probation Departmentfor appropriate action.

4. You have the right to talk to a lawyer about whether you should take part in the TeenCourt or if you should go to court.

5. You do not have to sign a Teen Court agreement. Should you choose not to participatein Teen Court then the probation officer will handle you case through traditional means.

WAIVER OF LAWYERI have decided not to talk to a lawyer at this time.

Parent/Guardian Date Juvenile

The above statements were read to, signed by, and a copy given to the Juvenile on the dateindicated above.

Teen Court Coordinator Date 1





TEEN COURT

TEEN COURTCONTRACT AGREEMENT

Gila County Courthouse1400 East Ash StreetGlobe, Arizona 85501

Phone: 425-3231, ext. 256

JUVENILE NAME: D.O.B: CASE #:

ADDRESS: TELEPHONE #:

OFFENSE #1: DATE OCCURRED:

OFFENSE #2: DATE OCCURRED:

I have been advised of what the teen court diversion program is and how it works. I am admittingthe offense I have been charged with. I am willing to appear before the court, present my case and acceptthose consequences assigned to me by the jury.

I understand that the following options are open to the Teen Jury when assigning consequences(sentencing):

COMMUNITY SERVICE depending on the category and severity of the offense, I may receive aminimum of 8 hours or a minimum of 40 hours for each offense.

TRAFFIC VIOLATION if my offense included a traffic violation, I may be referred to TrafficSurvival School which would mean attending 2 evening sessions.

MINOR CONSUMPTION/POSSESSION OF ALCOHOL if the violation occurred in a vehicle, Imay either be sent to Traffic Survival School or be required to attend a Minor ConsumptionAwareness Program, which has been established for all other akohol-related violations. Thisprogram is a seven hour class on Saturday.

AFTER SCHOOL TUTORING -- if I have been referred for repeated truancy violations, the juryhas the option of assigning what they feel will be an appropriate number of tutoring sessions.

217

JURY DUTY it is customary for all youthful violators appearing in Teen Court to receive eitherI, 2, or 3 jury duties. However, if extenuating circumstances warrant it, the sitting jury maychoose not to assign jury duty to a particular defendant.

SELF-ESTEEM WORKSHOP all juveniles appearing in Teen Court, except those referred fortrafftc violations, will be required to attend a Self-Esteem Workshop as part of their sentence. Thegoal of this three hour workshop is to get juvenile offenders to talk about themselves, their values,their choices, and their ending consequences.

WRITTEN REPORT the jury may require that the defendant write a paper (2 pages, 500 words)in which he/she explains why what they did was wrong, and how the Teen Court experience hasaffected them.

LETTER OF APOLOGY when appropriate, the defendant may be required to write a letter ofapology to the victim in question.

I also understand that the Probation Officer may assign additional terms and conditions:

PIC-ACT FEE $ , as follows:

RESTITUTION: I agree to pay $ for damages, loss or injury related to my offense.This must be paid by

OTHER CONDITIONS:

I understand that if I successfully complete the consequences that Teen Court assigns, aswell as those conditions specified above, within the allotted time, this referral will not be heldagainst me in any future proceedings. However, should I not adhere to the contract conditionsagreed upon, then my case will be referred back to Juvenile Probation for appropriate action.

Parent/Guardian Juvenile

The above statement was read to, and signed by, and a copy given to the juvenile and theirparents/guardian.

Probation Officer

218

BEAVERTON YOUTH PEER COURT

Juvenile Consent Form Police Report #

Juvenile's Name PC Report #

Juvenile's Address Phone:

Juvenile's School Grade:

I understand that I have been detained for the following charges:

Beaverton Youth Peer Court is a voluntary diversion program that has been explained to me. I must agree not tocontest the charges in the police report in order to qualify for Beaverton Youth Peer Court. I understand that Ihave a right to seek legal counsel. I understand that if I volunteer to participate in the program, but fail toappear at the time and place specified below, my case will be referred to the Washington County JuvenileDepartment for criminal prosecution against me. I understand that a jury of my peers may impose sentence uponme, and that if I fail to complete the sentence within a specified time, my case will be referred to the WashingtonCounty Juvenile Department for criminal prosecution against me. I further understand that this diversion optionmay be withdrawn if review of police records reveals that I am a member of, or associated with, youth gangs, orhave been involved in criminal activity unknown to the arresting officer at this time. I would like to participate inthe Beaverton Youth Peer Court diversion program.

Juvenile's Name: Printed Name:

Today's Date: Court Date: Time: Location:

School Resource Officer: Phone:

Beaverton Youth Peer Court Parental Consent Form

Because your child meets preliminary diversion eligibility criteria, he/she is being offered an alternative totraditional juvenile justice procedures. The intent of Beaverton Youth Peer Court as a diversion program is toredirect your child toward positive, lawful behavior. Participation is voluntary. Should you allow your child tochoose this alternative diversion program, your child must attend the hearing and complete the sentence, whichincludes up to 40 hours of voluntary community service, a mandatory three hour self-esteem workshop, and/orwritten letters of apology, essays, sit as a member of the Beaverton Youth Peer Court Jury, and in some cases,restitution. If your child fails to appear or fails to complete his/her sentence, your child will be referred to theWashington County Juvenile Department for criminal prosecution. Your child must agree not to contest thecharges in order to qualify for Beaverton Youth Peer Court. You can choose not to allow your child toparticipate. You have the right to seek legal counsel. Should you decide to withdraw your child from thisdiversion program, you may do so. Your child will be issued a citation and the case will be referred to theWashington County Juvenile Department.

I have discussed the Beaverton Youth Peer Court Diversion Program with:

Officer: Phone:

I have read and understand that this diversion is based on preliminary criteria, and that it may be withdrawn ifafter further review of police records, previous gang association or criminal activity is indicated that is unknownto the arresting officer at this time. I hereby authorize my child to participate in the Beaverton Youth Peer CourtDiversion Program.

Signature of Parent/Legal Guardian:

Date: Printed Name:

Parent/Legal Guardian Home Phone #: Work #:

Signature of School Resource Officer: Date:

2 9

72-enCourr

Municipal Court BuildingOdessa, TX 79761

Phone: C91 53 335-3352

LIABILITY RELEASE

It is understood and agreed that the Youth will perform solely as an individual on a voluntary basisand not as an employee, contractor or agent of the Teen Court Board of Oirectors, Teen Court Coordinator,Teen Court employees and volunteers, City of Odessa, its employees or officials or persons for whomcommunity service is to be provided and will not receive any benefits or compensation except as specificallyprovided for in this agreement.

It is further agreed that the undersigned do hereby compromise and forever release, acquit,discharge, indemnify, and covenant to hold harmless, the Teen Court Board of Directors, Teen CourtCoordinator, all Teen Court employees and volunteers, the City of Odessa, its employees and officials, andany persons for whom community service is performed, of and from any and all actions, causes of action,claims, liability, demands, damages, costs, loss of service, medical expense and compensation, on accountof, or in any way growing out of any and all known and unknown personal injuries, property damage, or anyother type of damage, which the undersign may hereinafter have, individually and/or as parent or guardianor custodian of said minor without limit and without regard to the cause or causes thereof, or the negligenceof any party or parties, including the negligence of the City of Odessa, its officers, and employees, the TeenCourt Board of Oirectors, Teen Court Coordinator, and all Teen Court employees and volunteers and anypersons for whom community service is performed, whether such negligence be sole, joint or concurrent,for injury to or death of any person or damage to any property, arising out of or in connection with theparticipation of the youth in the Odessa Teen Court program.

In making this agreement, we rely wholly upon our own judgment, belief and knowledge and have notbeen influenced to any extent whatsoever by any representation or statement not contained in thisagreement.

Parent/Guardian Parent/Guardian

Youth Date

STATE OF TEXASCOUNTY OF ECTOR

Before me, the undersigned authority, on this day personally appearedknown to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledgedto me that executed the same for the purposes and consideration thereinexpressed.

Given under my hand and seal of offiCe, this the day of , 1 9 .

Notary Public for the State of Texas

A Junior League of Odessa. Inc.and City of Odessa Creation

TEEN COURT

RELEASE OF INFORMATION

RE: CASE *

DATE OF BIRTH PHONE*

TO:

This form is to request

all information about the above named juvenile.

the following specified information about the above named

juvenile,

I understand that this information is confidential and I herebywaive the confidentiality thereof as to the agencies named above.

I hereby state that I have the authority to authorized the releaseof this information as parent or legal guardian of the child.

Current Date Child's Signature

Expiration Date Parent/legal guardian

(The release of information expires six months from current date.)

9Ad.1

Source: (Court Community Relations/LRE Division, 1995)

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-ZenCourt

Municipal Court BuildingOdessa, TX 79761

Phone: (91 5) 335-3352

TRIAL, NOTICE

DATE:

NAME:

ADDRESS:

TELEPHONE NUMBER:

OFFENSE:

OFFENSE COMMITTED ON:

DOCKET NUMBER:

You are to appear at Odessa Teen Court on

at 5:30 p.m. Teen Court will convene in the Ector County Courthouse on the third (3rd) floor in the District

Courtroom.

Please enter the Courthouse through the Texas Street entrance since the other doors are locked at 5:00

P.m.

PLEASE BRING 11-1I5 NO110E WIT1-1 YOU. YOU MUST BE ACCOMPANIED BY A PARENT.

G000 LUCK.

Please call Natalie Rothstein at 335-3352 if an emergency prevents you from appearing at this time.

226 A Junior League of Odessa. Inc.and City of Odessa Creation

7emenCourt

cs.) :oakANOT

fvlunicipal Court BuildingOdessa, TX 79761

Phone: (915) 335-3352

INSTRUCTIONS FORDEFENDANTS

You are to appear for Teen Court trial at 5:30 p.m., accompanied by parent or guardian, on trial date asscheduled by coordinator.

Please dress appropriatelyneat and clean school type clothes are required. You do not have to wear jacketsor ties. Please no shorts, crop shirts or bare feet that is not appropriate attire for a courtroom.

Please bring your appearance notice with you.

Please check in with teen court coordinator or her representative.

Bailiff will seat you in defendant's section of the waiting courtroom where you will await call for your trial.

Bailiff will accompany defendant and parent/guardian to appropriate courtroom.

Parent/guardian will please be seated in front row of left side of courtroom. Oefendant will be called towitness box and sworn in by the Teen Court judge.

. Defendant and parent/guardian return to waiting courtroom to await jury verdict.

Bailiff will summon defendant and parent/guardian back to courtroom when jury returns with a sentence inyour trial.

Parent/guardian is again seated. Defendant's name will be called and she/he will stand and face the jury asthe sentence is read.

Defendant and parent/guardian will return to waiting courtroom where court coordinator and defendant willcomplete forms showing where and when community service and jury duty will be done.

In cases of substance abuse offenses, that information will also be included on the forms showing where andwhen the appropriate class will be held.

GOOD LUCK!!!

227A Junior League of Odessa, Inc.

and City of Odessa Creation





TEEN COURTGila County Courthouse1400 East Ash StreetGlobe, Arizona 85501

Phone: 425-3231, ext. 256

ASSIGNMENT FOR UPCOMING TRIAL

TRIAL DATE: PRESIDING JUDGE:

COURT CLERK:

DEFENSE ATTORNEYS:

PROSECUTING ATTORNEYS:

BAILIFF:

URORS:

* Previous Defendants

Af

2 2 8

13,

--TenCourt

fVlunicipal Court BuildingOdessa, TX 79761

Phone: (915) 335-3352

NOTICE OFJURY SUMMONS

NOTICE OF JURY SUMMONS

TEEN COURT

crry OF ODESSA

ECTOR COUNTY, TEXAS

BRING THIS SUMMONS WITH YOU WHEN YOU REPORT FOR JURY DUTY

YOU ARE

HEREBY

NOTIFIED

TO BE AND APPEAR BEFORE THE HONORABLE TEEN COURT OF ODESSA, TEXAS AT ECTOR COUNTY

COURTHOUSE, 3rd floor, DISTRICT COURTROOMS thereof in the City of ODESSA, ECTOR COUNTY, TEXAS,

on at 5:15 p.m. to serve on theTEEN JURY, your name having been drawn in accordance with the rules of the TEEN COURT.

* * * * * IT IS VERY IMPORTANT THAT YOU CALL NATALIE ROTHSTEIN AT 335-3352 THE DAY

BEFORE T1RIAL IF YOU CANNOT APPEAR. WE ARE COUNTING ON YOU, AND WE

APPRECIATE YOUR INVOLVEMENT IN THE TEEN COURT PROGRAM.

A Junior League of Odessa, Inc.and City of Odessa Creation

&d'art County 222 Middlebury StreetElkhart, IN 46516

Teen Court 294-3549

OATH OF CONFIDENTIALITY

I solemnly swear or avow that I will not divulge, either by words or signs, any informationwhich comes to my knowledge in the course of a Teen Court case presentation, and that I willkeep secret all said proceedings which may be held in my presence so help me God.

Signature of Volunteer or Observer


Elkhart County

Teen Court

222 Middlebury StreetElkhart, IN 46516294-3549

ATTORNEY'S CASE ANALYSIS

ATTORNEYS: Look over all information you have about the case and complete this form. Then, on a separatepiece of paper, write out the questions you wish to ask witnesses at the hearing as well as your closing argumentand sentence recommendation. You will probably be nervous at the hearing but with this preparation you will beready to do a good job.

NAME OF DEFENDANT AGE

NAME OF VICTIM, IF ANY

DAMAGES TO THE VICTIM, IF ANY

DATE THE INCIDENT OCCURRED TIME (am or pm?)

DAY OF THE WEEK INCIDENT OCCURRED

PLACE INCIDENT OCCURRED

NATURE OF THE OFFENSE

OTHER PUNISHMENT ALREADY SUFFERED BY THE DEFENDANT

AGGRAVATING CIRCUMSTANCES (hurts the defendant's case)

MITIGATING CIRCURMSTANCES (helps the defendant's case)

OTHER NOTES

WHAT SENTENCE IS APPROPRIATE TO THE DEFENDANT, THE VICTIM, AND THE COMMUNITY

WHY IS THIS,SENTENCE APPROPRIATE

232

CASE

BAILIFF'S FORM

STATE OF INDIANA

VS

Defendant

Parent(s)Guardian

Defense Attorney

Prosecuting Attorney

Judge NEIL HOLBROOK

Bailiff

Clerk

Jurors

Court Clerk

o s grtt.'fa

222 Middleoury St. C 9.Elkhart. IN 46516 4 C

9294.1549

o CUrt

.& 0 126

Mal COURT SESSION NO.

DOCKET NO.

DATE

...,N co

pREser NO SHOW

Bailiff

Elkhart County

Teen Court

STATE OF INDIANA

VS

222 Middlebury StreetElkhart, IN 46516294-3549

CLERK'S RECORD OF HEARING

TEEN COURT SESSION NO.

CASE NO.

DATE:

Name of parent(s)/guardian present:

Prosecuting Attorney:

Defense Attorney:

Offense defendant committed:

Sentence recommended by jury:

2.

3.

4.

5.

6.

Clerk of Elkhart County Teen Court

CLERK: Please fill out this form during the course of the hearing. After the hearing is finished andthe sentence is announced, gather: (1) the jury verdict form; (2) the judge's hearing notes; (3) thebailiffs record; and (4) this form and give them to the Teen Court Coordinator. Thank you.

234

STATE OF INDIANA LaPorte County Teen Court

vs. CAUSE # Judge's Hearing Notes

DATE:

AGE OF DEFENDANT:

PARENT PRESENT: NAME OF PARENT:

PROSECUTING ATTORNEY:

DEFENSE ATTORNEY:

BAILIFF:

CLERK:

NATURE OF OFFENSE:

AGGRAVATING CIRCUMSTANCES:

MITIGATING CIRCUMSTANCES:

OTHER NOTES:

SENTENCE STATE SOUGHT:

SENTENCE DEFENSE SOUGHT:

SENTENCE GIVEN:

Judge Presiding at Hearing

235

THE STATE OF INDIANA IN LAPORTE TEEN COURT

VS. DATE

JURY VERDICT FORM

We, the Teen Jury, recommend that the defendant receive the following constructive sentence:

( ) No punishment

) Hours of Community Service

) $ Restitution (pay victim for damages not to exceed $200.00)

( ) Write an word essay concerning the offense entitled:

) To write an apology to

) To verbally apologize to

) Counseling(To be worked out between the Teen Court Coordinator and parents)

) Times to serve as a Juror in future Teen Court cases

( ) Other

Explanatory Statement

Judge, Teen Court Foreperson, Teen Court Jury

INSTRUCTIONS

You are advised that you will retire to the Jury Room and first select a Foreperson from your group. You willthen proceed with determining the recommendation that you will make to the Court regarding this offense. Youare instructed that your recommendation will be unanimous. When you have completed your deliberations,please complete this form and bring it back with you into the courtroom. You may check as many of the boxes fordisposition that you feel are appropriate. When you have completed your deliberations and are ready to return tothe courtroom, please knock on the door and let court personnel/Teen Court Coordinator know.





TEEN COURTGila County Courthouse1400 East Ash StreetGlobe, Arizona 85501Phone: 425-3231, ext. 256

COMMUNITY SERVICE AGREEMENT

The participating community service agency understands that all youth referred to themvoluntarily agree to perform assigned community service as per Teen Court Agreement. Theparticipating community agency understands that the youth involved is not an employee of the county,but is in fact performing the services solely as an individual, and as such, no representation regardingthe youth's ability is implied.

It is agreed that the youth will be adequately supervised by the community agency during thecourse of the Community Service Agreement. Proper and adequate supervision, along with reasonabletask assignments on the part of the community service agency, assures compliance with the youth'sContract Agreement or compensation of any nature growing out of the agreement. The participatingcommunity agency also understands and agrees to indemnify and hold harmless the CourtCoordinator and Gila County employees and officials from claims or actions related to improper orinadequate supervision.

Should the youth fail to follow reasonable orders and directions of the supervisor, the youthwill be removed from the task. The supervisor agrees to immediately contact the Teen CourtCoordinator who will handle the situation.

APPROVED THIS DAY OF , 19 .

AGENCY RECEIVING SERVICE

BY:(REPRESENTATIVE)

FILL OUT BOTH COPIES OF "COMMUNITY SERVICE AGREEMENT." KEEP A COPY FORRECORDS, AND PLEASE FORWARD OTHERS TO

JOHN V. YANEZ, TEEN COURT COORDINATORGILA COUNTY COURTHOUSE - JUVENILE PROBATION DEPARTMENTGLOBE, AZ 85501

23'7





TEEN COURT

AGENCY REPORT

TO:


This is to introduce who is to completehours/sessions as part of his/her TEEN COURT agreement. Again, thank you for supporting our

local youth programs.Please return this form by mail to the TEEN COURT COORDINATOR as soon as completed.

TO BE COMPLETED AND RETURNED WITHIN 30 DAYS OF TRIALPlease certify that the above named youth completed the assigned hours/sessions by filling in theappropriate dates and times and initialing each.

DATE HOURS WORKED SUPERVISOR INITIAL

PERFORMANCE RATING:excellent satisfactory unacceptable

Supervisor Signature: Date:

ANY QUESTIONS? CONTACT JOHN YANEZ AT 425-3231 EXT. 251 OR 425-4933

238





TEEN COURT

\OW 1111111111;


REFERRAL TO THE EDUCATION PROGRAM

Minor's Name Age:

Present Grade in School: Date of Referral:

Referred to which Education Site?

Reason(s) for Referral to Education Program:(EX. Failing grades, poor attitude toward school, poor attendance, etc.)

Signature of Probation Officer/Teen Court Coordinator

Status of this Referral: (To be completed by Education Coordinator)

2 3





TEEN COURT

IP


COMPLETION OF CONSEQUENCES

DATE

GILA COUNTY PROBATION OFFICER

has participated in Teen Court and completed theconsequences as assigned. Any special comments or notations are noted below.

CASE NO.:RE:D.O.B.:

SPECIAL COMMENTS:

TEEN COURT COORDINATOR

2 4 0





TEEN COURTGila County Courthouse1400 East Ash StreetGlobe, Arizona 85501Phone: 425-3231, ext. 256

REFERRAL BACK TO JUVENILE PROBATION

GILA COUNTY PROBATION OFFICER

to the fact that:

DATE

is being referred back to your jurisdiction for further legal action due

TEEN COURT COORDINATOR

241

CASE NO.

RE:

D.O.B.

Appendix E Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPEN IX E

SAMPLE COURTROOM PROTOCOL


242

LAPORTE TEEN COURTRevised Edition March 1994

COURTROOM PROTOCOL

BAILIFF. Will everyone please rise. Here ye, hear ye LaPorte Teen Court is nowin session, The Honorable presiding.

JUDGE: Please be seated. Good evening. This is the session ofLaPorte Teen Court. On behalf of the Teen Court Program, I want to thank each and everyone of you for being here tonight and participating in Teen Court.

The business of this court is very serious. The defendants who appear before you tonight areguilty of the charges that have been made against them. They have violated a law of theState of Indiana and have voluntarily chosen to come before this court to have a jury ofpeople their own age decide what sentence, if any, they should receive for their actions.Even though the defendants have violated the law, they deserve your respect and attention.It takes a certain courage for the defendants to be here and I am sure that if you were intheir shoes, you would want a fair hearing. Therefore, everyone in the courtroom mustremain quiet during the proceedings and give their complete attention to what happens here.If you fail to do so, I will have to ask you to leave the courtroom.

I also emphasize that everything that occurs in this courtroom is to remain confidential; thatparticularly includes the names of the defendants. If you discuss what occurs here tonightwith persons who are not present, you might be subject to prosecution and will certainly notbe permitted to continue participating in the Teen Court Program. Therefore, everyoneplease rise, raise your right hand, and repeat after me:

"I solemnly swear or affirm/that I will not divulge/either by words or signs/anyinformation/which comes to my knowledge/in the course of/a Teen Court casepresentation/and that I will keep secret/all said proceedings/which may be held in mypresence/so help me God."

(Note: Once an evening, it is perhaps a good idea to remind volunteers that the defendantswould be guaranteed confidentiality in the normal juvenile justice system and that if TeenCourt cannot maintain confidentiality, it will cease to exist.... i.e., defendants will not optfor Teen Court if their conduct, etc., is made public.)

DIALOGUE (FOR FOLLOWING SESSIONS):

JUDGE: At this time, I would like to remind all present in this courtroom that you havesworn an oath of confidentiality earlier this evening. Each of you are therefore reminded atthis time of your obligation to fulfill that oath and that this is a duty you owe both to thedefendants and to the Teen Court Program.

243

(BASE DIALOGUE RESUMES:)

JUDGE: Remember also that it is not our right to humiliate or make fun of the defendants.We are simply here to do what is right and fair to the defendants, the victims, and thecommunity.

Will the Clerk, (Mr.) (Ms.) please announce the title ofthe next case?

CLERK: "Teen Court Docket Number , entitled State of Indianaversus now comes on for hearing.

JUDGE: Are you the defendant in this cause? And what is your name and your age?(Defendant responds). Thank you, Mr.(Ms.)

Is there a parent or parents of the defendants present? And your name(s), please. (Parentsrespond.) Thank you for being here tonight.

Will the Prosecuting Attorney please state his or her name for the record. (Response.)Thank you, Mr. (Ms.)

Will the Defense Attorney please state his or her name for the record. (Response.) Thankyou, Mr. (Ms.)

JUDGE: (Preliminary Jury Matters):

Members of the jury, it is your duty to determine what sentence, if any, is fair andappropriate for the defendant. To be sure you are impartial and able to fulfill this obligation,I must ask you some questions. If the answer to any of my questions is "yes" in your mind,please raise your hand and I will ask you some follow-up questions.

1. Are any of you good friends or long-acquainted with either of the attorneys for thiscase or the defendant?

2. Have any of you had any problems or quarreled with either of the attorneys for thiscase or the defendant in the past, whether in school, your neighborhood, orelsewhere?

3. Have any of you hear anything about either of the attorneys for this case or thedefendant, whether good or bad, true or not, which might prejudice you one way oranother about this case?

(Note: Affirmative responses by a juror should be followed up: i.e., how long haveyou known ....do you believe you can be fair etc.Permit either side to question the prospective juror and disqualify him/her at that time

if desired.)

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244

4. This case involves an incident of whichoccurred at (location) on (date)at approximately (time). Did any of you witness this incidentor hear anything about it which might prejudice you about this case?

5. Is there any reason I have not asked you about which makes you unsure whether youshould serve on this jury?

Does the Prosecuting Attorney or Defense Attorney have any questions for any of thejurors?

Mr. (Ms.) (Prosecuting Attorney), do you accept this jury tohear this case?

Mr. (Ms.)hear this case?

(Defense Attorney), do you accept this jury to

Mr. (Ms.) , as defendant you have a right to have any jurorexcused and replaced with another person if you have any concerns about a particularjuror. You do not have to state a reason. Are you willing to have these six personsdecide this case?

Members of the jury, there have been offered no objections to your serving as jurorson this case. Will you please stand and raise your right hand:

DO YOU SOLEMNLY SWEAR OR AFFIRM TO LISTEN CAREFULLY TO ALLTHE EVIDENCE AND ARGUMENTS WHICH ARE PRESENTED IN THIS CASEAND TO FULFILL YOUR DUTY TO DETERMINE A SENTENCE, IF ANY,WHICH IS APPROPRIATE AND FAIR TO THE DEFENDANT, THE VICTIM,AND THE COMMUNITY? IF SO, SAY "I DO."

PRELIMINARY JURY INSTRUCTIONS (JUDGE CONTINUES):

You are now instnicted to give your complete attention to the evidence and arguments aboutto be presented. Remember that the defendant is guilty of the charge made against him(her). Your sole duty is to determine what sentence, if any, is fair and appropriate.

EVIDENCE (JUDGE CONTINUES):

Members of the jury, at this time I will read the relevant details of defendant's crime fromthe Police Report.... remember that you should consider all the evidence and testimonypresented, not just that contained in the Police Report.

(Read details of offense from Police Report, making)(SURE TO OMIT NAMES OF ANY ACCOMPLICE TO THE CRIME:)

3

2

(Following recitation of Police Report:)

"Will the defendant please approach the bench? (Give defendant - an all other witnesses -the following oath)

DO YOU SOLEMNLY SWEAR OR AFFIRM UNDER PENALTIES OF PERJURYTHAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THIS CAUSE IS THETRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?

Mr. (Mrs.) (surname of defendant), please speak loudly andclearly while testifying. It is very important that the jury hear your side of the circumstancessurrounding what has happened.

1. Mr. (Ms.) , (Prosecuting Attorney) you may now questionthe defendant.

2. Mr. (Ms.) , (Defense Attorney), you may now questionthe defendant.

3. Does the Prosecuting Attorney have any more questions?

4. (If Prosecuting Attorney has asked follow-up questions), Does the Defense Attorneyhave any follow-up questions?

5. Do any members of the jury have any questions for the defendant?

6. Does the defendant have anything else he (she) wishes to say about this matter whichthe jury has not already heard?

NOTE: At this point, the Judge might wish to ask a question(s) of the defendant toclarify a matter or bring out a point that the Judge knows about that has not beenbrought out.

Does the Prosecuting Attorney wish to call any other witnesses?

Does the Defense Attorney wish to call any other witnesses?

(In either case, repeat sequence 1 through 6 immediately above)

FINAL STATEMENTS (JUDGE INTRODUCES1:

1. The Prosecuting Attorney may now present his (her) fmal statement andrecommendations to the jury.

(Prosecuting Attorney approaches podium and make recommendations to jury, withsupporting rationale).

4

2. The Defense Attorney may now present his.(her) fmal statements andrecommendations to the jury.

(same as Prosecutor)

FINAL INSTRUCTIONS TO THE JURY (Judge):

Members of the jury, it is now your duty to determine a fair and appropriate sentence, ifany, for the defendant. There are available to you a number o possible forms or correctivepunishment if you believe punishment is appropriate, including the following:

1. Defendant may be required to serve a certain number of hours of community service.If this is your choice, use the community service calculations grid provided to you bythe Bailiff as a guideline in deciding how many hours are appropriate.

2. You may require the defendant to pay the victim an amount of money equal to thedamages he has suffered. This amount may not exceed $200.00.

3. You may require the defendant to write an essay of a certain length of wordsconcerning the offense he (she) committed.

4. You may require the defendant to make a written or verbal apology to the victim (or,in victimless crimes, to the arresting police officer).

5. You may require the defendant to serve a certain number of times at a future TeenCourt Jury. If you recommend any punishment, however, he (she) will automaticallybe required to serve on one future Teen Court Jury.

6. As you know, you are not required to choose just one form of punishment. You mayrecommend the defendant be required to do more than one of the things I havementioned. You may also recommend other forms of punishment, if you think ofother punishments which are particularly appropriate to the defendant's circumstances.Of course, you may not sentence the defendant to jail.

7. You may also recommend that the defendant should not suffer any further punishmentif you believe that this is appropriate to the defendant, the victim, and the community,under the circumstances of this case.

8. In deciding what sentence, if any, is fair and appropriate, consider several things:

a) Judge should juxtapose mitigating and aggravating circumstances, facts andpublic policy in an unobtrusive fashion.

b) If shoplifting case, list items and prices of things taken.

c) You may consider the defendants past misconduct that he/she may havetestified about. However, keep in mind that your job tonight is to render a

5

247

sentence, if any, only on the offense charged. You must keep in mind that thedefendants past actions have not been fully explained and you do not know thefull story about those past acts.

d) (Adult consequences)

Also, consider all the circumstances surrounding the defendant's conduct in deciding whatsentences, if any, is fair in this case. However, consider only that evidence which has beenpresented in court tonight.

Finally, when you reach the jury room the first thing you must do is choose a forepersonfrom amongst you. Then, begin your discussion of what you believe is an appropriatesentence, if any, for the defendant. Remember it is your duty to the defendant, to thevictim, and the community to speak your conscience in the jury room if you simply go alongwith the crowd you are NOT doing your job.

Further, your decision must be a unanimous one. When you have reached a unanimousverdict, have your foreperson fill out and sign the jury verdict form. As a jury, you mayalso make an explanatory statement on the verdict form, explaining the sentence you haverecommended. This statement is not a requirement, but you as a jury, are encouraged tomake such a statement.

When you are finished, please know on the jury room door and the Bailiff will take care ofyou.

WILL EVERYONE PLEASE RISE. Will the Bailiff please escort the Jury to the JuryRoom.

RECONVENE: JUDGE: Will everyone please rise?

JUDGE CONTINUES:

Who is the foreperson of the Jury? (Foreperson identifies him or herself.) Mr. (Ms.), has the jury reached a verdict? (Positive response.)

Will the bailiff please deliver the verdict form to the bench for inspection? (Judge inspectverdict, returns it to the bailiff who in turn returns it to the foreperson.)

Will the defendant, the Prosecuting Attorney, and Defense Attorney please rise forsentencing?Will the foreperson please stand and read the jury's verdict?

(VERDICT READ BY FOREMAN)

(NOTE: AT THIS POINT EITHER ATTORNEY MAY OBJECT TO THERECOMMENDED VERDICT...IF SO, POLL THE JURY INDIVIDUALLY TO BE

6

246

SURE THAT THE SENTENCE IS A UNANIMOUS ONE..IF IT IS, AND IT ISWITHIN THE REALM OF COMMON SENSE, THE JUDGE SHOULDCONTINUE ON AND APPROVE THE VERDICT. THE TEEN COURT JUDGEHAS THE AUTHORITY TO THROW OUT A VERDICT BUT SHOULD NOT DOSO UNLESS ABSOLUTELY IMPERATIVE TO THE ENDS OF JUSTICE:OTHERWISE, IT WILL NOT BE A TRUE "TEEN COURT".)

The court having heard the evidence, now fmds the Jury's verdict to be appropriate and fairto the defendant, the victim and the community. Judgement is hereby entered on the jury'sverdict and the defendant is hereby ordered to perform the following:

(READ FROM JURY'S VERDICT)

(NOTE: IN CONCLUDING, THE JUDGE MAY MAKE PERSONALOBSERVATIONS TO BOLSTER THE DEFENDANT'S SELF-ESTEEM (if needed)OR TO REINFORCE THE JURY'S VERDICT....i.e., FIT YOUR COMMENTS TOTHE CASE) AT ANY RATE, HERE IS A DIALOGUE OF A GENERICNATURE.)

Mr. (Ms.) , (name of defendant), the members of thejury have simply done their duty here tonight. Their decision is a group decision. Do notcause any trouble for any of them or you will simply fmd yourself in more trouble.Remember because you were sentenced here tonight, you will be back in this court as a jurorin the future; at that time your will want the defendant to respect your decision.

On behalf of everyone here, I wish you good luck. We hope you are not in any moretrouble with the law. At this time, you may report to Cathy Moeller, Teen CourtCoordinator, together with your parents, where your rights and obligations concerning thesentence will be explained to you.

Members of the jury, Attorneys, and court Personnel, thank you for the respect you have

given the defendant and the law. (Special COMMENTS FOR ATTORNEYS AND JURYMAY BE APPROPRIATE). You are all excused... remember, however, that as you leave

you have a duty to uphold the oath of confidentiality concerning these proceedings.

7

249

Appendix F Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPENDIX F

SAMPLE VOLUNTEER RESOURCES

Volunteer Job DescriptionsYouth Defense AttorneyYouth Prosecuting AttorneyYouth Master Jury MemberYouth Court ClerkYouth BailiffAdult Teen Court JudgeAdult Master Jury MonitorAdult Jury MonitorAdult Trainer

Volunteer Application FormVolunteer AgreementLife Skills, Prevention, and Law-Related Education ResourcesSwearing-in Ceremony Resources

ProgramCharge to Teen Court MembersTeen Court OathTeen Court Coordinator's OathConfidentiality Oath


DEFENSE ATTORNEY

Description:Represents teen defendants in Pleas, Master Juries and Jury Trials in the Teen CourtProgram.

Duties:1. Review complaint jacket with the Teen Court Coordinator and process case

according to assigned procedure.2. Process case by:

a. Discussing defendant's case with Prosecuting attorney and submitagreed upon plea to Judge in plea cases; or

b. Advising defendant regarding case facts, procedures and methods oftestimony prior to defendant's appearance before the Master Jury; or

c. Presenting defendant's case to judge and jury with opening statement,direct examination, cross examination, and closing arguments in a jurytrial.

d. Requesting appropriate sentence.3. Meet with Adult Volunteers and Teen Court Coordinator following court

session for debriefmg.

Qualifications:Applicant must be enrolled as a full-time student in a secondary school in the Hurst-Euless-Bedford independent School District.

Training:Applicant must complete application form. Applicant must complete Teen Court TeenVolunteer Training, participate in at least (2) two mock trials, and pass the writtentest with a score of 70 or above.

Responsible To:Teen Court Coordinator or designated Adult Volunteer

Time Required:A minimum of one evening per month after training

Length of Commitment:(6) Six months

Source: H-E-B Teen Court Program, Bedford Texas

2,5

PROSECUTE% ATTORNEY

Description:Represents the State in Pleas and Jury Trials in the Teen Court Program.

Duties:1. Review complaint jacket with Teen Court Coordinator and process case

according to assigned procedure.2. Process case by:

a. Discussing defendant's case with defense attorney and submittingagreed upon plea to Judge in pleas cases; or

b. Presenting state's case to judge and jury with opening statement, directexamination, cross examination, and closing arguments in a jury trial.

c. Requesting appropriate sentence.3. Meet with Adult Volunteers and Teen Court Coordinator following court


Qualifications:Applicant must be enrolled as a full-time student in a secondary school in the Hurst-Euless-Bedford Independent School District.

Training:Applicant must complete application form. Applicant must complete Teen Court TeenVolunteer training, participate in at least (2) two mock trials, and pass the written testwith a score of 70 or above.




Source: H-E-B Teen Court, Bedford Texas

MASTER JURY MEMBER

Description:Question defendant regarding the facts of the case and decide appropriate sentence.

Duties:1. Select a Master Jury Foreman, who will initiate questioning.2. Following opening question from Master Jury Foreman, question defendant

regarding the facts and limited extenuating circumstances of the case.3. Deliberate with fellow jury members and reach an unanimous decision for

sentence. Request assistance from Master Jury at any time during proceeding.4. Complete Jury Process Form.5. Meet with Adult Volunteers and Teen Court Coordinator following court





Time Required:A minimum of one evening per month after training.


Source: H-E-B Teen Court, Bedford, Texas

25 3

COURT CLERK

Description:Assist Judge or Master Jury Monitor in processing of cases.

Duties:1. Meet with Teen Court Coordinator or designated Adult Volunteer prior to

court session to collect Coversheets, Jury Process Forms, and docket for casesto be heard.

2. Assist Teen Court Coordinator or designated volunteer with volunteer sign-in.3. Announce case number and defendant's name to court.4. Provide Judge, Master Jury Monitor, Jury Monitor or Master Jury Foreman

with the appropriate paperwork.5. Collect Jury Process Forms from the Master Jury Foreman or Jury Foreman

following case deliberations and return them to the Teen Court Coordinator ordesignated Adult Volunteer.


Training:Applicant must complete application form. Applicant must complete Teen Court TeenVolunteer training, participate in at least (2) mock trials, and pass the written test wita score of 70 or above.




Source: 1-1-E-B Teen Court, Bedford, Texas

BAILIFF

Description:Assist Judge, Master Jury Monitor, Jury Monitor and Court Clerk in maintainingorder in the courtroom, Master Jury room, and Jury Deliberation room.

Duties:1. Report to Teen Court Coordinator or designated Adult Volunteer prior to court

session for room assignment.2. Assist defendants, jury members and families in fmding their seat.3. Announce the beginning of the court session and the presiding Judge or Master

Jury Monitor.4. Maintain order during courtroom session according to instruction of Judge,

Master Jury Monitor, Jury Monitor, or Teen Court Coordinator.5. Report any disruptive activity to Teen Court Coordinator or designated Adult

Volunteer.



Responsible To:Teen Court Coordinator or designated Adult Volunteer.




255

TEEN COURT JUDGE

Description:Presides over Teen Court Session. Assists in the training and ongoing instruction ofTeen Attorneys.

Duties:Instructs defendants and jury members on trial procedures prior to courtsession.

2. Swears in defendants and juries.3. Hears pleas and jury trials.4. Completes necessary paperwork.5. Debriefs Teen Attorneys regarding their performance during trial.6. Maintnins communication with Teen Court Coordinator regarding Teen

Attorneys and defendants.

Qualifications:Applicant must be a practicing attorney or judge. Experience in working with youngpeople is preferred. Applicant must be able to instruct youth on the proper courtroomprocedures and be able to deliver constructive criticism.

Training:Applicant must complete application and reference checks. Applicant must completeTeen court Adult Volunteer training and assist with Teen Volunteer training

Responsible To:Teen Court Coordinator




MASTER JURY MONITOR

Description:Presides over the Master Jury Ensures that questioning and deliberations are done ina timely and constructive manner.

Duties:1. Collects paperwork for all cases on Master Jury docket from Teen Court

Coordinator.2. Supervises Court Clerk and Bailiff in calling of cases.3. Instructs jury on procedures.4. Swears defendant in.5. Maintains order during proceedings.

Qualifications:Applicant must be able to communicate effectively. Applicant must have anunderstanding of the Master Jury proceedings. Experience in working with youngpeople is preferred.

Training:Applicant must complete application and reference checks. Applicant must completeTeen court Adult Volunteer training and assist with Teen Volunteer training.



.s



257

JURY MONITOR

Description:Sits in jury deliberation room to ensure that deliberations are done in a timely andconstructive manner.

Duties:1. Reviews Jury Process Form and Coversheet with jury members.2. Discusses any questions jurors may have regarding instructions from the judge.3. Ensures that deliberations are done in a timely and constructive manner

Qualifications:Applicant must be able to communicate effectively. Applicant must be able toinstruct youth in jury deliberation proceedings and redirect inappropriate behavior.Experience working with young people is preferred.

Training:Applicant must complete application and reference checks. Applicant must completeTeen court Adult Volunteer training and assist with Teen Volunteer training.





TRAINER

Description:Facilitates teen attorney training sessions. Provides information regarding thecriminal justice system, its terminology, and guidance in preparing and presentingcases.

Duties:1. Explain the flow of a case through the criminal justice system, and compare it

to the flow of cases through the Teen Court Program.2. Review glossary of criminal justice terms.3. using the Attorney/Master Jury Training curriculum, instruct teens on the

subjects of trial procedure, case preparation, and case presentation.4. Critique opening and closing statements.

Qualifications:Applicant must be a practicing attorney or judge. Experience in working with youngpeople is preferred. Applicant must be able to instruct youth on the proper courtroomprocedures, and be able to deliver constructive criticism.

Training:Applicant must complete application and reference checks. Applicant must completeTeen court Adult Volunteer training and assist with Teen Volunteer training


Time Required:A minimum of four (4) hours on a Saturday morning. Trainings held quarterly.


Some: H-E-B Teen Court, Bedford, Texas

259

NAME

4friseN.1114SIV.PC

VOLUNTEER APPUCATION FORM(Canfidenual Information)

SEX AGE DATE OF BIR71-1

ADDRESS crry ZIP

TE..-HONE NUMBER

SCHOOL YOU ATTEND

SCHOOL ACTIN/RIES

PARENT/GUARDIAN NAME

GRADE

ACTIVITIES OUTSIDE OF SCHOOL. (church, community, etc.)

WHAT QUALITIES DO YOU HAVE THAT WOULD MAKE YOU A GOOD TEEN COURT VOLUNTEER?

HOW DID YOU BECOME INTERES= IN 1-1 COURT?

PLF.:ASE LIST T WO REFERENCES (non-relative, one reference must be an eau/ from the school' you attend)

NAME ADDRESS PHONE

NAME ADDRESS PHONE

VOLU SIGNATURE

I have read the information on the back of this form about Teen Court and am allowing my daughter/son to participate asa Teen Court Volunteer. I understand that we, as a parent(s)/guardian(s) are invited to attend the Teen Court TrainingSession with our daughter/son. I further understand that all Teen Court volunteers are required to keep casesCONFIDENTIAL .

PARENT OR GUARDIAN SIGNATURE OATS

When application is completed return to: Bill BaughTeen Court CoorainatorYouth Services Bureau222 Middlebury StreetEkhart, IN 46516Phone: 294-3549

n

Elkhart

Teen

County

Courr

VOLUNT'MR AGR

Name

School

Address City Zp

222 Middlebury Streetakhart. IN 48516 Servc:rs2244549 Bureau

Age

Grade

Telephone Number

Atter particioating in the Teen Court Training Session, I wish to be scheduled as a Teen Court Volun-teer.

I would like to serve as a

As a second choice, I would like to serve as a

I am willing to be scheduled for jury duty at any trne

Spedal considerations for scheduling

I understand that I may be called upon at any nme to serve in Teen Court I will take my responsibilityseriously and will maintain confidentiality regarding all Teen Court proceedings. I unders-and that if Ineglect my responsibility or breach my oath of conndentiality, I will be removed from serving in theTeen Court Program.

Volunteer Signature Dare


261

Life Skills, Prevention, and Law-Related Education Resources'

National LRE Resource CenterAmerican Bar AssociationSpecial Committee on Youth Education forCitizenship541 N. Fairbanks Ct.Chicago, IL(312) 988-5735

Center for Research and Development in LRE(CRADLE)Wake Forest University School of Law2714 Henning DriveWinston-Salem, NC 27106-4502(910) 721-3355(800) 437-1054Fax: (910) 721-3353

Sunburst39 Washington Ave.PO Box 40Pleasantville, NY 10570-0040(800) 431-1934Fax: (914) 769-2109

The Bureau for At-Risk Youth645 New York Ave.Huntington, NY 11743(800) 999-6884(516) 673-4584Fax: (516) 6734544

National Crime Prevention Council1700 K. Street, NWSecond FloorWashington, DC 20006-3817(202) 466-6272Fax: (202) 296-1356

National Curriculum and Training Institute,Inc.4949 E. Lincoln Drive, # DParadise Valley, AZ 85253(800) 622-1644

Phillip RoyPO Box 130Indian Rocks Beach, FL 34635(800) 255-9085(813) 593-2700Fax: (813) 595-2685

The Bureau for Violence PreventionA Subsidary of NIMCO, Inc.PO Box 9117 Highway 815Calhoun, KY 42327-0009(800) 962-6662Fax: (502) 273-5844

National Educational Service1610 W. Third St.PO Box 8, Station N5Bloomington, IN 47402(800) 733-6786(812) 336-7700Fax: (912) 336-7790

National Institue For Citizen Education and theLaw (NICEL)711 G. Street, SEWashington, DC 20003(202) 546-6644Fax: (202) 546-6649

Center for Civic Education5146 Douglas Fir Rd.Calabasas, CA 91302(800) 350-4223

Ready Reference PressPO Box 5249Santa Monica, CA 90409(800) 424-5627Fax: (310) 4754895

'These organizations market or produce various life skills, prevention, and/or law-related education resources.Organizations may be contacted for a catalog of avaliable publications and videos.

263

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!26

6

CHARGE TO TEEN COURT MEMBERS

You have a special duty to contribute to the Kentucky juvenile justice system througheducating and rehabilitating your peers who have come into contact with the law. Bysentencing your peers in a non-punitive fashion, placing them in community work servicesettings with positive role models, educational workshops, or as jury members in your teencourt system, you assist in reducing the incidence of delinquent behavior and help themdevelop an understanding and respect for the law. You also have an obligation to make theworkings of the juvenile justice process lmown by actively participating in school andcommunity affairs. You must always remember that you are serving the Kentucky Court ofJustice and your community, as well as your peers, and therefore, professionalism iscommanded of you. All individuals participating in the project must enhance and preserverespect for the law and the courts.

TEEN COURT OATH(given to teen court members as a group)

Do you solemnly swear that you will be faithful and true to the Commonwealth of Kentuckyso long as you continue to a citizen thereof, and that you will faithfully execute, to the bestof your ability participation as a member of the County TeenCourt Program?

TEEN COURT COORDINATORS' OATH

Do you, and solemnly swearthat you will be faithful and true to the Commonwealth of Kentucky so long as you continuea citizen thereof, and that you will faithfully execute, to the best of your ability, the dutiesand responsibilities as the County Teen CourtCoordinators?

CONFIDENTIALITY OATH(given to Teen Court members and Coordinators)

Do you solemnly declare that you will not divulge, either by written or spoken language orsign, any information which comes to your knowledge in the course of a teen court casetrial, and will conceal all said proceeding which may be held in your presence?

Source: (Community Relations/LRE Division. 1995)

267

Appendix G Peer Justice and Youth Empowerment: An Implementation Guide for Teen Court Programs

APPENDIX G

SAMPLE PROGRAM EVALUATION RESOURCES

0 Summary of Evaluation Literature0 Sample Data Sources

0 Intake/Risk Factor Checklist0 Case Disposition0 Monthly Activity Summary0 Pre- and Post- Tests0 Teen and Parent Questionaires

2REAmerican Probation and Parole Association 263

SUMMARY OF EVALUATIVE LITERATURE

Arlington, Texas (Hissong. 1991)

Underlying philosophy: Young offenders respond more positively when judged by theirpeers and required to serve the community constructively.

Program design: Youth convicted of Class C offenses (e.g., shoplifting, possession ofalcohol, vandalism, traffic offenses) were given the option of a traditional sanction or teencourt. Trained youth volunteers served as prosecuting attorneys, defense attorneys, and jurymembers. The jury was responsible for deciding the number of community service hours tobe served by the offender and other program conditions based upon certain guidelines.

Research questions: 1) What were the general effects for teen court participants versus non-teen court participants; and 2) What was the length of time to failure for teen courtparticipants versus non-teen court participants.

Methodology: Of the 441 cases processed during the first year of the program, 196 cases

were selected for observation. Analysis revealed that these cases were comparable to theentire group. The sample was then matched with non-teen court participants on the basis ofsex, age, race and offense. Cross tabs analysis was used to determine the general effects ofthe teen court program, and survival analysis was used to determine the length of time tofailure.

Key rmdings: 1) Overall, there was a significant relationship between teen court and

success (75% of the teen court participants were successful versus 64% of the non-teen courtparticipants); 2) teen court was most effective with 16 year old white males, the largestgroup of clients; 3) the differences between female teen court participants and non-teen courtparticipants were substantial but not statistically significant; 4) due to insufficient samplesizes of other demographic groups, reliable tests were infeasible; 5) The effectiveness of teencourt waned after approximately one year as evidenced by increased recidivism rates.

Cautions: The selection method for teen court participants may have led to the selection ofthose youth most likely to succeed. Recidivism may have been under-reported due to thefollow-up procedures only revealing recidivism within the city of Arlington.

Implications: For its core clientele, 16 year old white males, the teen court program wasfound to be superior to traditional sanctions at deterring further criminal activities. Otherbenefits of the teen court were the community services performed by youth and the low costof the program -- because the program makes extensive use of volunteers costs consisted ofsalaries for a director and an assistant director.

Kentucky's Teen Court (Kentucky Administrative Office of the Courts, 1994-95)

Underlying philosophy: Kentucky's teen court program grew out of the AdministrativeOffice of the Court's Law-Related Education (LRE) which is founded on the premise that

young people who understand the nation's laws are less likely to violate them. It also isbased on the premise that the same force that leads youth into law breaking behavior (i.e.,peer pressure) can be redirected to lead youth into law abiding behavior.

Program design: The program is designed to benefit defendants by granting them analternative disposition that emphasizes accountability and diversion; and volunteerparticipants by providing a valuable lesson in citizenship. Program participants arecomprised of first-time offenders charged with minor offenses. If they complete the assignedsentences they avoid a formal court record. The program features a 12-hour trainingprogram based on the LRE model. Youth perform the duties of attorneys, bailiffs, courtclerks and jurors. The judge is an adult.

Research question: What attitudinal changes toward authority figures resulted fromparticipating as a volunteer in teen court?

Methodology: Students were asked to indicate their feelings toward nine authority figures(i.e., police officer, teacher, court designated worker, parent, judge, principal, mother,lawyer, and father) by marking a line on a "feeling thermometer." The last item on theinstrument asked students to rate themselves as a measure of self-esteem. The instrumentwas administered in a pre-test/post-test format, during the first and last training sessions.Interviews and observations were also conducted as supplemental information.

Key finding: There were substantial increases in favorable ratings for judge, lawyer, policeofficer and teacher, and slight increases for court designated worker, parent, principal andfather.

Cautions: Although an effective design, pre-post tests are sensitive to extreme scores and toexternal events which may have created the difference in ratings.

Implications: The study yields important information about one aspect of teen court --participants completing the LRE training seem to possess a more positive attitude towardauthority figures.

Cumberland County North Carolina Teen Court Program (North CarolinaAdministrative Office of the Courts, 1995)

Underlying philosophy: Legislation introduced to the General Assembly in May 1993specifies that "teen court is to be a community resource in which juvenile offenders aresentenced by a jury of the juvenile's peers." The teen court program in Cumberland Countyoperates with the philosophy that an offender's peers can more effectively developappropriate and effective ways to redirect the offender's behavior and attitudes.

Program design: Cumberland County's Teen Court is designed to provide an alternativesystem of justice for offenders admitting guilt to a first, nonviolent, misdemeanor offense.Teen volunteers serve as prosecutor, defense counsel, jurors, court clerk and student bailiff.Adult volunteers serve as judge, bailiffs and monitors. The teen court process is designed to

offer juveniles consequences that allow them to take responsibility for their actions. Theyouth jury's duty is to impose a constructive sentence (e.g., jury duty, community service,participation in educational seminars) that must be completed within 90 days and that is basedupon offense-specific guidelines.

Research question: What is the extent to which juvenile offenders referred to teen court areinvolved in future unlawful behavior?

Methodology: Data was collected on all juveniles referred to Teen Court from JuvenileIntake or Police during an eight month period from October 1993 through May 1994. Thesecases served as the teen court sample (95 cases). In lieu of an experimental design, theevaluators developed a pre-program group of cases for comparison purposes (97 cases). Thisgroup consisted of youth identified as being appropriate for teen court referral had it beenavailable. Demographic and offense information, case activity information includingparticipation in teen court, sentence imposed, and completion of sentence, and data onsubsequent court involvement was collected on each offender in both study groups. Thecomparison groups were closely matched on age, sex and race. Individuals in each groupwere followed for 7.4 months. Logistic regression analysis was conducted to determine theassociation between variables found to be significant predictors of recidivism and actualrecidivism rates. Simple descriptive statistics were used to compare overall recidivism ratesbetween the teen court sample and the pre-program sample. Logistic regression analysis wasused to compare these rates while controlling for age and type of offense. Interviews withkey program stakeholders were conducted to s'olicit their ideas about the program.

Key rmdings: Statistical analyses revealed: 1) prior record, race and sex were not found tobe significantly associated with recidivism; 2) the age of the juvenile at the time of theoffense showed a strong trend toward older juveniles recidivating at a higher rate; 3) of theoffense types (property, minor assault and other [i.e., driving, weapon, minor controlledsubstance, alcohol, public disturbance, pyrotechnic and other non-property and non-assaultiveoffensesp, those youth committing offenses in the "other" category were more likely torecidivate (it is important to note that these offenses are typically committed by older teenswho were more likely to recidivate); 4) 20 percent of the teen court sample and 9.3 percentin the pre-program sample recidivated within the 7.4 month follow-up period; 5) controllingfor age and offense type, there were no significant differences in the tendency to recidivatebetween the teen court and pre-program groups; and 5) fuller participation in the teen courtprocess seemed to be associated with lower recidivism rates. Interviews revealed that: 1)

teen court allows peers, parents and the community to actively participate in developingconstructive responses to juvenile crime; 2) teen court is able to intervene at an early stage ofunlawful behavior and encourage teens to accept responsibility for and consequences of theirbehavior; and 3) the program allows student involvement in positive activities that promoteconstructive patterns of behavior.

Cautions: Changes in policy resulted in significant differences in offense type between study

groups making comparisons across groups difficult. The statistical analyses were conductedon available data which may or may not have been accurate or complete.

271

Implications: These fmdings support previous research indicating that juveniles who commitcertain types of offenses are more likely to re-offend. Therefore, teen courts' offenderselection criteria will influence the degree of success as judged by recidivism.

Southside Youth Council Teen Court, Indiana (McCullough. Martin. Pope & Esterline,1995)

Underlying hypothesis: Not indicated.

Program design: The Southside Youth Council's Teen Court Program was designed as analternative to the juvenile justice system.

Research questions: 1) What are reasons for the high success rates (85%) reported inprevious research; and 2) How did that success rate compare to other teen court programs inIndiana.

Methodology: Data was collected on 583 youth who participated in teen court during 1992,1993 and 1994. This data existed in raw, computerized form. 71 records were eliminatedfrom the data set due to the inappropriateness of the case because of refusal to participate,re-arrest before the initial teen court hearing, no punishment being rendered, or an open casestatus. The remaining data were re-entered into a relational database for primary analysis onthe gender, race and age groupings. The data was then coded and the categorical sums wereentered into du-square equations for correlative analysis of age, gender, and race with regardto program success. Due to confidentiality of records in other teen court programs, thesecond research question could not be pursued.

Key fmdings: 1) significant differences were found to exist across age 87% of the 14-18year olds were successful verses 77% of the 10-13 year olds; 2) no significant differenceswere found between the success rates of males and females; 3) a highly significant differencewas found to exist across race -- 88% of whites were successful verses 77% of blacks.

Cautions: Other external factors may have contributed to the differences in success ratesacross age and race.

Implications: The finding that older youth had higher success rates may support Kohlberg's(1969) stages of moral development (i.e., perhaps the lesser developed moral consciousnessof the younger age group limited there ability to learn from teen court participation.)

272

ar lit CENTER=ILI FM=TM HUMAN

SERVICES

CENTER FOR HUMAN SERVICES

YOUTH COURT

RISK FACTORS CHECKLIST - (INTAKE)

Instructions: Diversion counselor will check all risk factors that appear to apply to theclient.

Family history of alcoholism or drug addiction

Family management problem or family history of anti-social behavior(criminality, etc.)

Parental drug use

Early anti-social behavior (grades K-12)

Academic failure beginning mid to late elementary school

Early first use of alcohol/drugs

Little commitment to school

Friends who use alcohol/drugs

Alienation, rebelliousness, lack of positive social bonding

Favorable attitude toward drug use

Extreme economic and social deprivation

1700 McHenry Village Way, Suite 118 Modesto, CA 95350 (209) 526-1440FAX: (209) 526-0908 Crisis Line: (209) 526-5544

United Wtly Member Agency

273

R. David MalkinChief of Police

Sherry PresslerY.E.S. Director503-388-5566

CASE DISPOSITION

Y.E.S.PEERJURY

Name: Case No.

Offense: Date:

As per contract agreement, the above named juvenile has agreed to successfully complete thefollowing consequences that have been assigned by the peer jury.

ACCOUNTABILITY:

( ) Apology to the victim: How:

( ) Restitution $ ( ) Donation: $ To where:

COMMUNITY PROTECTION:

( ) Curfew time: ( ) Community Service: hrs.

SKILL BUILDING:

( ) Number of Counseling Sessions: 0 G.P.A.: By:

( ) Essay: Title No. of pages

I have read the above assigned consequences and agree to accept them and abide by the conditionsset forth. I understand that if I fail to comply with any of the above mentioned terms, or thosepreviously set by the Diversion Officer, I may be referred back to the Deschutes County JuvenileDepartment for appropriate action. I agree to complete the consequences by:

Date: Minor:

I have read and understand the above listed consequences and conditions set forth on behalf of myson/daughter.

Parent/Guardian Date

Y.E. S. Director Date

CENTER FOR HUMAN SERVICESYOUTH COURT

Activity Summary - Monthly

Staff Person Month/Year

CITED YOUTH

I. TOTAL # of REFERRALSTOTAL # of ENTERING PROGRAM

Referring Police Departments:

R E R E

Ceres / Oakdale /Denair / Patterson /Hughson / Riverbank /Modesto / Turlock ___/Newman / Waterford ____/

Other / # /Gender: M / F /

R E R E

Ethnicity:R E R E

White or Caucasian / Native American /Hispanic / Asian/Pacific /Black or African American / Islander

Other /

II. GRADUATES (CITED YOUTH COMYLETING PROGRAM)

A. Total # of graduates

Gender: M

Ethnicity:

White or Caucasian Native AmericanHispanic Asian/PacificBlack or African American Islander

Other

B. VIOLATION

Pettytheft BurglaryVandalism False Info

275

Assault/Batt ArsonStolen PropTrespass

C. SERVICES COMPLETED (# of Youth completing - may be duplicated)

Chance to ChanceDrug & Alcohol AwarenessLife SkillsProject S.T.O.P.P.Community CounselorJury DutyOther

III. FAILED CITATIONS

A. # failed to attend Youth Court

Gender: M

Ethnicity:White or CaucasianHispanicBlack or African American

YOUTH COURT HEARING

I. Total # of Youth Court HearingsII. Total # of guest/observers

VOLUNTEER YOUTH

I. Total # of applicants

Gender: M

Geographic Residence:

CeresDenairEmpireHickmanHughsonKeyes

Knight FerryModestoNewmanOakdalePattersonRiverbank

rf, 6,

Stopping ViolenceCommunity ServiceEssayApology LetterPrison or Jail TourOtherOther

B. # failed to complete

Native AmericanAsian/Pacific

IslanderOther

Rbst FerrySalidaTurlockWaterfordOther

II. Total # of Youth Trained

A. Position: Attorney Clerk

Gender: M

Ethnicity:

White or Caucasian Native American

Hispanic Asian/PacificBlack or African American Islander

Other

III. Total # of jury members

Gender: M

Ethnicity:

White or Caucasian Native American

Hispanic Asian/PacificBlack or African American Islander

OtherGeographic Residence:

Ceres Knight Ferry Rbts Ferry

Denair Modesto Salida

Empire Newman Turlock

Hickman Oakdale Waterford

Hughson Patterson Other

Keyes Riverbank

VOLUNTEERS (adult/youth)

I. Total # of Individuals provided service I Totaladult / youth

II. Total # of hours direct service provided Totaladult /youth

ADVISORY COMMITTEE

I. Total # of Advisory Committee MeetingsII. Total # of members attending Advisory Committee Meetings

(may be duplicated)

277

ral Wig CENTERWII 4 FORr"wit,"Fra HUMAN%MIMI SERVICES

Center for Human Services Pre-YC-EvalYouth Court - Juvenile Diversion Program

Purpose: This questionnaire will help staff measure your knowledge of Juvenile Lawand the Juvenile Court System.All information provided is confidential.Please read each question carefully and give your most honest answer.

Today' Date:

Age:

Sex: ( ) Male ( ) Female

Ethnic group:

( ) White or Caucasian( ) Hispanic( ) Black or African American

( ) Native American( ) Asian/Pacific Islander( ) Other

INSTRUCTIONS: On the blank line next to each number place the letter corresponding tothe correct answer.

1. A juvenile record is sealed

A. automatically when a person turns 18.B. and destroyed five years after the citation.C. when a person turns 18, an application is completed and Juvenile Court gives an

order.

2. If a person between the ages of 13-21 is convicted of drug or alcohol offenses

A. their driving privilege can be suspended or delayed by one year, depending onwhere the offense was committed.

B. their driving privilege is only affected if they sold or purchased drugs or alcoholC. their driving privilege is only affected if the drug/alcohol charges were related to

a traffic ticket.D. their driving privilege can be suspended or delayed by one year no matter where

the offense is committed.


United Way Member Agency

3. Assault is defined as:

A. intentionally touching or hitting another person without consent.B. unlawfully attempting to touch or hurt another person.C. intentionally touching or hitting another person without consent but not hurting

them.

4. Battery is defined as:


them.

5. In regards to civil responsibility for torts (assault, battery, false imprisonment,trespass or vandalism) the law in California:

A. distinguishes between minors and adultsB. allows for any person, of any age when he knows the difference between right

and wrong, to be sued in civil court for the damage he/she has causedC. recognizes that youth, until the age of 12, cannot be held responsible.

6. Once the Department of Motor Vehicles gives you a license:

A. only a traffic court judge and the DMV can suspend the license.B. your parents must sign an agreement making them financially responsible as

well as able to take your license away until you become 18.

C. if you are involved in an accident, you are financially responsible only until youbecome 18.

D. B and C.

7. Curfew laws are meant to:

A. keep kids home at night.B. help parents set limits.C. reduce loitering.D. A and B.E. all of the above

8. Being on probation:

A. is your right, it can protect you from a civil lawsuit.B. is a privilege. It means that Juvenile Court believes that the juveile can be

trusted to be on good behavior at home.C. takes a certain amount of rights away.D. B and C.

279

9. Juveniles may go to court:

A. because their parents are not taking proper care of them, not supervising themproperly, or physically or mentally abusing them.

B. because they refuse to mind their parents or guardians, are truant, have schoolproblems or because they break the law.

C. A and B.

10. To obtain a work permit, youths between the ages of 12 and 18:

A. need to have a written request from a parent.B. need to ask a school official to issue a permit, and the person who hires you must

also file a permit to employ you.C. A and C.

11. The penalty(s) for a graffiti related offense can include:

A. incarceration in Juvenile Hall for 6 months.B. community serviceC. delay or suspension of drivers license for 1 year.D. impoundment of car if used during the crimeE. all of the above.

Thank you for taking the time to answer these questions.

Comments:

2

arla CENTERFORr HUMANSERVICES

Center for Human Services Post-YC-EvalYouth Court - Juvenile Diversion Program

Purpose: This questionnaire will help staff measure your knowledge of Juvenile Lawand the Juvenile Court System.All information provided is confidential.Please read each question carefully and give your most honest answer.

Today' Date:

Age:

Sex: ( ) Male ( ) Female

Ethnic group:

( ) White or Caucasian( ) Hispanic( ) Black or African American

( ) Native American( ) Asian/Pacific Islander0 Other

INSTRUCTIONS: On the blank line next to each number place the letter corresponding tothe correct answer.

1. If a person between the ages of 13-21 is convicted of drug or alcohol offenses

A. their driving privilege can be suspended or delayed by one year, depending onwhere the offense was committed.

B. their driving privilege is only affected if they sold or purchased drugs or alcoholC. their driving privilege is only affected if the drug/alcohol charges were related to

a traffic ticket.D. their driving privilege can be suspended or delayed by one year no matter where

the offense is committed.

2. Battery is defined as:


them.



,:281

3. Juveniles may go to court:

A. because their parents are not taking proper care of them, not supervising themproperly, or physically or mentally abusing them.

B. because they refuse to mind their parents or guardians, are truant, have schoolproblems or because they break the law.

C. A and B.

4. A juvenile record is sealed

A. automatically when a person turns 18.B. and destroyed five years after the citation.C. when a person turns 18, an application is completed and Juvenile Court gives an

order.

5. Curfew laws are meant to:

A. keep kids home at night.B. help parents set limits.C. reduce loitering.D. A and B.E. all of the above

6. In regards to civil responsibility for torts (assault, battery, false imprisonment,trespass or vandalism) the law in California:

A. distinguishes between minors and adultsB. allows for any person, of any age when he knows the difference between right

and wrong, to be sued in civil court for the damage he/she has causedC. recognizes that youth, until the age of 12, cannot be held responsible.

7. The penalty(s) for a graffiti related offense can include:

A. incarceration in Juvenile Hall for 6 months.B. community serviceC. delay or suspension of drivers license for 1 year.D. impoundment of car if used during the crimeE. all of the above.

8. Assault is defined as:


them.

9. Once the Department of Motor Vehicles gives you a license:

A. only a traffic court judge and the DMV can suspend the license.B. your parents must sign an agreement making them financially responsible as

well as able to take your license away until you become 18.C. if you are involved in an accident, you are financially responsible only until you

become 18.D. B and C.

10. Being on probation:

A. is your right, it can protect you from a civil lawsuit.B. is a privilege. It means that Juvenile Court believes that the juvenile can be

trusted to be on good behavior at home.C. takes a certain amount of rights away.D. B and C.

10. To obtain a work permit, youths between the ages of 12 and 18:

A. need to have a written request from a parent.B. need to ask a school official to issue a permit, and the person who hires you must

also file a permit to employ you.C. A and C.

Thank you for taking the time to answer these questions.

Comments:

'

283

Within the last year you served as a defendant in the Teen court Program. Your assistance is beingsought in evaluating the program. Please complete the questions below. In order to maintainconfidentiality, it is not necessary to give your name and address. Space is provided to do so if youwish.

LAPORTE TEEN COURT PROGRAMDEFENDANT EVALUATION

1. Sex: male 2. School Age: middlefemale high

3. Offense/violation-

4. Do you feel that the Teen Court Coordinator handled your case in a fair manner?YES/NO Comments.

5. Do you feel that the peer jurors were trained and qualified to determine yourconsequences?YES/NO Comments.

6. Were you satisfied with the sentence you received?YES/NO Comments.

7. Were you ever arrested before/after your Teen Court hearing?YES/NO Comments.

8. Did you try drugs/alcohol after your Teen Court hearing?YES/NO If so, what time period did you wait before usage?

1 month 2 months 3 months 6 months

Comments.

9. Would you recommend "Teen Court" to another youth?YES/NO Comments-

2 s

10. Were you satisfied with Teen Court overall?YES/NO Comments.

11. Do you feel that the Teen Court Program helped you to make any changes in yourbehavior?

YES/NO If yes, please mark the appropriate box and explain:

school gradesfamily relationshipsrelationships with friendsschool attendancedrug and alcohol useincreased sense of responsibilityimproved awareness of communityother

12. Had you heard about the Teen Court Program before you were a defendant?YES/NO

13. Who referred you to the program?

14. Do you feel that you were more nervous or less nervous going before a court of yourpeers?

Less nervousMore nervous

15. Did you complete your sentence in the established time frame?YES/NO

16. Since participating in the teen court program, how would you classify your level ofawareness in realizing the negative consequences inappropriate behavior has on thecommunity?

More awareLess awareAbout the same

If you would be willing to discuss your participation in the LaPorte Teen Court Program further,please complete the following information and return in the enclosed, self-addressed envelope by

Name-Address.City: State: Zip:Telephone.

285

TEEN QUESTIONNAIRE

1. How important were the following reasons In your decision to participate inArlington, Texas Teen Court Program? (Check one for each category.)

Very Somewhat NotImportant Important Important

Parents encouraged youFriends who had done it thought you shouldFriends who had been involved as volunteersencouraged youDidn't want to pay fineWanted to keep record cleanOther

2. Has your experience in Teen Court increased your understanding of our court system?(Circle one)a) Very much b) Some c) Very little, if any

3. Have you received another citation or committed another offense since you signed upfor Teen Court? (Circle One)a) Yes b) No

If yes, what for"

4. Has your experience in Teen Court influenced your current driving habits? (CircleOne)a) More cautious b) No change c) Less cautious (because court

is an easy way out)d) No valid Texas driver's license

5. Would you recommend Teen Court to your friends who have received citations orcommitted offenses? (Circle One)a) Yes b) No

Why? (Check as many as apply):Sentences are easyExperience is worthwhile and beneficialKeeps your record cleanOther

6. Would you be interested in becoming involved with Teen Court as a volunteer?(Circle One)a) Yes b) No

7. How did you feel about your worksite with regard to the following? (Check one)

Actual physical locationStaff at worksiteClients at worksiteTasks you were expected to performHours they were open

Liked O.K. Didn't Like Doesn't apply

If there was anything else you particularly liked about your worksite, please explain._

Anything you particularly disliked? Please explain.

Where did you work?

8. Did you feel your sentence was fair for your offense? (Circle One)

a) Fair b) Too Harsh c) Too lenient

9. Did you feel the Coordinator or the Assistant provided an accurate explanation ofTeen Court and what was expected of you? (Check one for each category)

Yes Notxcellent explanationI understood my choicesI understood what was expectedOther

10. Did you feel the judge was fair with your case? (Circle one)a) Yes b) No

11. What did you dislike about the program?

12. What changes would you suggest to improve the program?

13. Please circle the class of your offense.Class 1 Class 2 Class 3 Class 4 Class 5

14. Please fill in the number of volunteer hours and jury terms you were assigned.Number of hours Number of jury terms

15. Please fill in your zip code

16. What was your age at the time you received the citation?

17. Your sex? (Circle one)Male Female

287

PARENT QUESTIONNAIRE

1. What kind of impact did the Teen Court have on your son/daughter?Positive Negative

Comments-

2. Do you think Teen Court encouraged a sense of responsibility in your son/daughter?Yes No

3. Do you think Teen Court has helped your son/daughter recognize that they must beprepared to accept the consequences of their behavior in a mature manner?

Yes No

4. Has your son/daughter received another citation or committed another offense sincecompleting the Teen Court Program?

Yes No

5. Do you think your son's/daughter's sentence was fair for the offense? Check one.Fair Too Harsh Too Lenient

6. Did the Coordinator provide an accurate explanation of Teen court and what wasexpected of your son/daughter?

Helpful Confusing

Other

7. Please rate the following by checking your response in the appropriate column:Very Good Fair Poor

Check-in proceduresCourt proceedingsProcedure for worksite selectionWorksite choices availableAgency's procedure for schedulingcommunity service hoursHours the worksite is openWork your teen did at the agencyOverall program

Comments (Please include name of agency if there was a problem experienced)

8. Please discuss what you liked or disliked about the Teen Court Program

9. What changes would you suggest to improve the program'?

Please return within seven days to:

Teen CourtCity of ArlingtonPO box 231Arlington, TX 76004-0231

Thank you.

2 FJ 9

CENTERWojYJW FOR

pm HUMANitTaVINI 5E1WICES

YOUTH COURT JUVENILE DIVERSION PROGRAM

PARENT FOLLOW-UP QUESTIONNAIRE

The purpose of this questionnaire is to help staff gather information on youth who haveparticipated in the YOUTH COURT process. Please answer the following questions to thebest of your knowledge. All information given is confidential.

1 = no change 2 = has gotten better 3 = has gotten worse 4 = not applicable

Has friends who use alcohol/drugs 1 2 3 4 5

Favorable attitude toward drugs/alcohol 1 2 3 4 5

Problem behaviors in school 1 2 3 4 5

Rebelliousness, lack of positive socialinteractions, and withdrawn 1 2 3 4 5

Lack of school commitment 1 2 3 4 5

Changes in family interactions 1 2 3 4 5



.0 U.S. GOVERNMENT PRIN11NG OFFICE:1996-415-471/60188 2

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