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The research conducted for this Guide was supported under award #DTNH22-94-Z-05212 from the National Highway Traffic Safety Administration, U.S. Department of Transportation. This Guide was prepared in cooperation with the Council of State Governments, which provides secretariat 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 necessarily represent the official position or policies of the U.S. Department of Transportation or the U.S. Department of Justice.

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Page 1: was supported under award #DTNH22-94-Z-05212 from the ... · The research conducted for this Guide was supported under award #DTNH22-94-Z-05212 from the National Highway Traffic Safety

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.

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AUTHOR

Tracy M. Godwin

with

David J. Steinhartand

Betsy A. Fulton

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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 (OJJDP), also contributed to thisproject. This Guide draws on the ideas andexperiences of many who work in 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.

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American Probation and Parole Association i

TABLE OF CONTENTS

INTRODUCTION TO THE GUIDE................................................................................................. ix

CHAPTER 1: AN OVERVIEW OF THE TEEN COURT CONCEPT ............................................ 1Introduction ............................................................................................................................... 2Examining Why Communities Should Implement Teen Court Programs ................................ 2Individual and Societal Effects of Adolescent Substance Use and Delinquency ...................... 4

Effects of Delinquency and Substance Use on the Individual .......................................... 4Societal Costs of Crime and Substance Use ..................................................................... 5

Teen Courts as a Method for Responding to Delinquency and Substance Use ........................ 7Holding Offenders Accountable ....................................................................................... 7Capitalizing on Peer Influence .......................................................................................... 7Facilitating the Development of Competencies in Youth ................................................. 8Empowering and Involving Youth .................................................................................... 8

The History and Present Status of Teen Court Programs .......................................................... 9Trial Models ...................................................................................................................... 10

Trial Model A ........................................................................................................... 10Trial Model B ........................................................................................................... 10Trial Model C ........................................................................................................... 11

Peer Jury Models .............................................................................................................. 11Purpose of This Manual ............................................................................................................ 12Conclusion................................................................................................................................. 13

CHAPTER 2: ORGANIZING THE COMMUNITY ....................................................................... 14Introduction ............................................................................................................................... 15Developing Stakeholder Partnerships ....................................................................................... 15

Identifying Key Stakeholders ........................................................................................... 15Judges ....................................................................................................................... 16Juvenile Justice System Representatives .................................................................. 16City and State Officials............................................................................................. 17Educators and School Officials ................................................................................ 17Civic and Social Service Organization Representatives........................................... 17Victims ...................................................................................................................... 17Youth......................................................................................................................... 17

Making Contact With Stakeholders .................................................................................. 18Surveys and Questionnaires ..................................................................................... 18Personal Contact ....................................................................................................... 19

Forming a Task Force or Advisory Committee ......................................................................... 19Using Community Resources Efficiently .................................................................................. 21

Conducting a Needs and Resources Assessment .............................................................. 21Type of Information to Be Gathered......................................................................... 21Possible Data Sources ............................................................................................... 21Using the Information Received ............................................................................... 22

Interagency Coordination and Collaboration .................................................................... 22Sustaining Community Support ................................................................................................ 23

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Conclusion................................................................................................................................. 24Checklist for Organizing the Community ................................................................................. 25

CHAPTER 3: LEGAL ISSUES FOR TEEN COURTS ................................................................... 27Introduction ............................................................................................................................... 28Authorization and Sponsorship ................................................................................................. 28Issues of Due Process and Consent ........................................................................................... 29

Consent Forms .................................................................................................................. 30Teen Court Legal Procedure ............................................................................................. 31

Confidentiality........................................................................................................................... 31Privacy Rights in the Context of Teen Court .................................................................... 31Attendance at Proceedings ................................................................................................ 32Handling of Records ......................................................................................................... 32Written Policies and Protocols .......................................................................................... 32

Liability .................................................................................................................................. 32Immunity ........................................................................................................................... 33Waivers and Releases ........................................................................................................ 33Insurance ........................................................................................................................... 34Liability and Volunteers .................................................................................................... 35

Conclusion................................................................................................................................. 36Checklist for Legal Issues ......................................................................................................... 37Notes for Chapter 3 ................................................................................................................... 39

CHAPTER 4: DEVELOPING A PROGRAM PURPOSE, GOALS, AND OBJECTIVES ............ 40Introduction ............................................................................................................................... 41The Balanced Approach Mission and Restorative Justice Model ............................................. 41

Accountability ................................................................................................................... 42Competency Development ................................................................................................ 43Community Protection ...................................................................................................... 44

Sample Statements of Purpose, Goals, and Objectives ............................................................. 44Program Purpose ............................................................................................................... 45Program Goals .................................................................................................................. 45

Focusing on Target Population and Services to Be Provided ................................... 46Basing Goals on Prioritized Needs and Available Resources................................... 46Differentiating Between Short- and Long-Term Goals ............................................ 46

Program Objectives ........................................................................................................... 47Conclusion................................................................................................................................. 48Checklist for Program Purpose, Goals, and Objectives ............................................................ 49

CHAPTER 5: DETERMINING A TARGET POPULATION AND DESIGNING AREFERRAL PROCESS ............................................................................................................ 51Introduction ............................................................................................................................... 52Defining a Target Population .................................................................................................... 52

Examining Needs and Resources ...................................................................................... 53Relating Target Population to Program Purpose ............................................................... 55Determining If Services Can Be Provided to the Target Population by the

Teen Court Program ................................................................................................. 55

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Establishing a Referral Process ................................................................................................. 56Determining Potential Referral Source(s) ......................................................................... 56

Analyzing the Local Juvenile Justice System .......................................................... 56Assessing the Complexity of Screening Criteria ...................................................... 57Considering the Impact of the Process on Evaluation Efforts .................................. 58

Establishing a Referral Procedure ..................................................................................... 58Informing and Educating Referral Sources ...................................................................... 59

Conclusion................................................................................................................................. 60Checklist for Target Population and Referral Process ............................................................... 61

CHAPTER 6: DESIGNING PROGRAM SERVICES ...................................................................... 63Introduction ............................................................................................................................... 64Examining Needs of Youth, Victims, and the Community ....................................................... 64

Youth Needs ...................................................................................................................... 64Victim Needs ..................................................................................................................... 65Community Needs ............................................................................................................ 66

Developing Program Services ................................................................................................... 67Designing Sentencing Options.......................................................................................... 67

Community Service .................................................................................................. 67Jury Duty .................................................................................................................. 68Educational Workshops ............................................................................................ 71Oral or Written Apologies to Victims ....................................................................... 71Essays ....................................................................................................................... 71

Determining Additional Sentencing Options and Services ............................................... 71Peer Discussion Groups ............................................................................................ 72Tutoring .................................................................................................................... 72Special Events .......................................................................................................... 72Peer Mediation .......................................................................................................... 73

Victim Services ................................................................................................................. 73Victim Awareness ..................................................................................................... 73Victim Input .............................................................................................................. 74Victim Restitution ..................................................................................................... 75Victim Notification ................................................................................................... 76Information and Referral Services ............................................................................ 76

Forming Interagency Agreements ..................................................................................... 76Factors to Be Considered in the Selection Process .................................................. 77Negotiating the Agreement ....................................................................................... 78Writing the Contract ................................................................................................. 78Evaluating the Services Delivered ............................................................................ 78Maintaining the Partnership ..................................................................................... 80

Conclusion................................................................................................................................. 80Checklist for Program Services ................................................................................................. 81

CHAPTER 7: DEVELOPING A PROGRAM MODEL AND PROCEDURES ANDIMPLEMENTING EFFECTIVE CASE MANAGEMENT PRACTICES ....................................... 84

Introduction ............................................................................................................................... 85Selecting a Teen Court Program Model and Legal Procedure .................................................. 85

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Determining Location and Other Logistical Issues ................................................................... 87Establishing Effective Case Management Practices ................................................................. 88

Maintenance of Case Files and Program Records ............................................................ 88Prehearing Tasks and Activities ........................................................................................ 88

Intake Interviews ...................................................................................................... 89Docket Cases ............................................................................................................ 90Assigning Volunteers to Court .................................................................................. 90

Teen Court Hearings Tasks and Activities ........................................................................ 91Jury Selection ........................................................................................................... 92

Posthearing Tasks and Activities ...................................................................................... 92Followup Interviews ................................................................................................. 92Case Monitoring ....................................................................................................... 93Terminating Cases .................................................................................................... 93Exit Interviews .......................................................................................................... 94

Conclusion................................................................................................................................. 94Checklist for Program Model, Procedure, and Case Management ........................................... 95

CHAPTER 8: RECRUITING, USING, AND TRAINING VOLUNTEERS................................... 97Introduction ............................................................................................................................... 98Examining Possible Volunteer Roles ........................................................................................ 98

Traditional Youth Volunteer Roles .................................................................................... 98Traditional Adult Volunteer Roles .................................................................................... 99Additional Youth Volunteer Roles .................................................................................... 99Additional Adult Volunteer Roles ..................................................................................... 101

Recruiting and Selecting Volunteers ......................................................................................... 103Defining Roles and Developing Job Descriptions ............................................................ 103Developing Screening and Application Procedures .......................................................... 103Developing a Recruitment Plan ........................................................................................ 104

Volunteer Training and Development ....................................................................................... 106Types of and Approaches to Training ............................................................................... 106Selection of Training Content and Development of Training Materials ........................... 107

Needs Assessment .................................................................................................... 109Establishing Training Goals and Objectives ............................................................. 110Selecting Training Content ....................................................................................... 110Training Materials .................................................................................................... 111

Methods of Training Delivery ........................................................................................... 112Characteristics of Youth Learners ............................................................................. 112Characteristics of Adult Learners ............................................................................. 113Training Techniques and Methods ............................................................................ 114

Location and Logistical Considerations ........................................................................... 114Determining When, Where, and How Often to Conduct Training Sessions ............ 114Selecting Training Facilitators .................................................................................. 115

Evaluating the Training ............................................................................................................. 115Sustaining Volunteer Support .................................................................................................... 115Conclusion................................................................................................................................. 118Checklist for Use, Recruitment, and Training of Volunteers .................................................... 119

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CHAPTER 9: EXAMINING HUMAN AND FINANCIAL RESOURCE ISSUES ....................... 121Introduction ............................................................................................................................... 122Staff Selection Process .............................................................................................................. 122

Determining How the Program Will Be Staffed ............................................................... 122Determining Job Duties and Qualifications ...................................................................... 123Recruiting and Hiring Staff ............................................................................................... 126Evaluating Job Performance ............................................................................................. 127Promoting Job Satisfaction and Professional Development ............................................. 127

Funding .................................................................................................................................. 128Determining Costs of Program ......................................................................................... 129Determining In-Kind Support and Services ...................................................................... 129Determining Possible Sources of Monetary Support ........................................................ 129

Grants and Funding Programs .................................................................................. 130Additional Sources of Funding ................................................................................. 131

Conclusion................................................................................................................................. 132Checklist for Staffing and Funding ........................................................................................... 133

CHAPTER 10: PROGRAM EVALUATION ................................................................................... 135Introduction ............................................................................................................................... 136What Is Known About Teen Court Effectiveness? .................................................................... 136Why Evaluate? .......................................................................................................................... 137Key Questions to Guide Program Evaluation ........................................................................... 138

What Are the Purposes of Program Evaluation? .............................................................. 138Who Should Conduct the Program Evaluation? ............................................................... 139Who Will Be Affected by the Evaluation? ........................................................................ 139What Are the Specific Research Questions to Be Answered through Program

Evaluation? ............................................................................................................... 139What Evaluation Design Will Be Used? ........................................................................... 140What Data Need to Be Collected? .................................................................................... 140What Data Sources are Available? .................................................................................... 140Who Is Responsible for Collection, Coding, Management, and Analysis? ...................... 142What Procedures Will Be Followed for Reporting the Information? ............................... 142How Will the Information Be Used? ................................................................................ 142

Performance-Based Measurement ............................................................................................ 143Rethinking Recidivism ..................................................................................................... 143Alternative Outcome Measures ........................................................................................ 145Developing and Implementing Performance-Based Measurements ................................. 146

Involving Key Stakeholders ..................................................................................... 147Identifying Agency-Specific Measures .................................................................... 147Linking Employee Evaluation to Performance-Based Measurement ...................... 150

Management Information Systems ........................................................................................... 151Conclusion................................................................................................................................. 152Checklist Evaluation ................................................................................................................. 153

REFERENCES .................................................................................................................................. 154

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APPENDIX A: TEEN COURT DIRECTORY .................................................................................. 160

APPENDIX B: SAMPLE RESOURCES FOR PROGRAM DEVELOPMENT ANDIMPLEMENTATION ........................................................................................................................ 177

APPENDIX C: SAMPLE TEEN COURT PROGRAM BROCHURES........................................... 184

APPENDIX D: SAMPLE FORMS ................................................................................................... 187

APPENDIX E: SAMPLE COURTROOM PROTOCOL .................................................................. 218

APPENDIX F: SAMPLE VOLUNTEER RESOURCES ................................................................. 227

APPENDIX G: SAMPLE PROGRAM EVALUATION RESOURCES........................................... 242

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List of Figures and Tables

Figure 1-1 States in Which Teen Courts Are LocatedFigure 2-1 Possible Key Stakeholders in Teen CourtsFigure 2-2 Initial Steps to Consider When Working With Different Cultural GroupsFigure 2-3 Sample Action PlanFigure 2-4 Potential Community Service SitesFigure 4-1 Personal Statement of a Youth Teen Court VolunteerFigure 4-2 Sample Teen Court Program Purpose StatementFigure 4-3 Sample Teen Court Program Goals -- Based on a Prioritized NeedFigure 4-4 Sample Teen Court Program Long- and Short-Term GoalsFigure 4-5 Sample Teen Court Program Goals and ObjectivesFigure 5-1 Sample Needs and Resources Assessment QuestionsFigure 5-2 Juvenile Justice Case ProcessingFigure 6-1 Risk Factors for Juvenile DelinquencyFigure 6-2 Common Teen Court Sentencing OptionsFigure 6-3 Youth Perspective on Jury Duty RequirementFigure 6-4 Additional Teen Court Sentencing OptionsFigure 6-5 Value Associated with Victim Impact PanelsFigure 6-6 Basic Victim Validation SkillsFigure 6-7 Contract ElementsFigure 7-1 Sample Order of Trial -- Trial ModelFigure 7-2 Sample Order of Trial -- Peer Jury ModelFigure 7-3 Number and Types of Volunteers NeededFigure 7-4 Considerations for Selecting Jury PanelsFigure 8-1 Youth Review BoardsFigure 8-2 Los Angeles Youth Leadership ProgramFigure 8-3 Pros and Cons of Using Adult Jury Room MonitorsFigure 8-4 Gender and Ethnic Origin of Youth Teen Court VolunteersFigure 8-5 Sources for Recruiting Youth Teen Court VolunteersFigure 8-6 Sources for Recruiting Adult Teen Court VolunteersFigure 8-7 Volunteer Training Through SchoolsFigure 8-8 Sample Teen Court Volunteer Training Goals and ObjectivesFigure 8-9 Typical Teen Court Training Topics: Youth VolunteersFigure 8-10 Colonie Youth Court Youth Volunteer Training OutlineFigure 8-11 H-E-B Teen Court Program -- Adult Volunteer Training OutlineFigure 8-12 Guidelines for Preparing for Swearing-in CeremoniesFigure 8-13 Strategies for Increasing Volunteer Participation and CommitmentFigure 8-14 Volunteer Appreciation StrategiesFigure 9-1 Kentucky's Use of Volunteer StaffFigure 9-2 Sample Teen Court Coordinator Job DescriptionFigure 9-3 Sample Teen Court Coordinator QualificationsFigure 9-4 Guidelines for Building a Partnership Between Staff and YouthFigure 9-5 Example Performance Criteria -- ProcessFigure 9-6 Example Performance Criteria -- Outcome

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Figure 9-7 Possible In-Kind DonationsFigure 9-8 Possible Funding SourcesFigure 9-9 Potential Federal Funding SourcesFigure 10-1 Definitions of RecidivismFigure 10-2 A Model for Developing Performance-Based MeasuresFigure 10-3 Critical Issues for Guiding Stakeholder InputFigure 10-4 Attendance RatesFigure 10-5 Curriculum Delivery RatingsFigure 10-6 Extent of Knowledge GainFigure 10-7 Rates of Alcohol AbuseFigure 10-8 Seven Principles of Results-Oriented Government

Table 1-1 Agencies Operating or Administering Teen Court ProgramsTable 5-1 Types of Offenses Accepted by Teen Court ProgramsTable 6-1 Sample Teen Court Sentencing GridTable 10-1 Trade-Offs in Evaluation Designs

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American Probation and Parole Association ix

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 (OJJDP) 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;

INTRODUCTION TO THE GUIDE

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 awide 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,

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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

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CHAPTER 1

AN OVERVIEW OF THE TEEN COURT CONCEPT

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

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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

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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.,

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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

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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 Perry (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

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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;

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

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).

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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 worker —juvenile 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

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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.

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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 COURTPROGRAMS

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

1In 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.

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.

The operation and administration of teen courtprograms vary considerably across the nation,creating obstacles to locating programs.According to the Teen Court Program Survey1

administered by APPA in 1994, agencies

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

The shaded areas represent statesthat have Teen Court ProgramsThe shaded areas represent statesthat have Teen Court Programs

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currently operating and administering teen courtprograms include

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

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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.

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.

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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.

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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.

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CHAPTER 2

ORGANIZING THE COMMUNITY

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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.

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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

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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.

VictimsMore 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.

YouthTeen 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.

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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):

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).

Specify a deadline for returning thecompleted survey or questionnaire.

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).

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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

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members with background and experience in

program development and evaluation;

fundraising and marketing;

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

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.

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

the legal authorization for the program tooperate;

the type of offender population the programwill target;

the type of services the program will provide;

the duties and responsibilities of the staff andvolunteers; and

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

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

When working with different culturalgroups,

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

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

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

learn nonverbal actions and signals basicto the cutlure;

work with leaders acknowledged by thecommunity;

get to know existing community groups;

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

build networks with other serviceagencies;

deliver on promises made;

give credit to all who contribute; and

once trust is gained, build upon it.

Source: National Crime Prevention Council, 1986

USING COMMUNITYRESOURCES 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

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

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

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

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

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

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

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

assembling preexisting data;

reviewing available agency records;

administering surveys and questionnaires;

conducting interviews; and

engaging in other informal methods ofcommunication.

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

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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.

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

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

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

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

the appropriate target population for theprogram;

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

the level of resources available to support theteen court program.

Figure 2-3: Sample Action Plan

Sample Action Plan

Goal Activities Responsible TargetParties Dates

Promote Develop brochure and Joe Smith 1-15-96Community public information material.Awareness ofProgram Identify civic and Jane Miller 1-15-96

community organizations Teen courtand schedule appointments staff personto make presentations.

Determine individuals Teen court 1-20-96(youth and adults) staff personinterested in serving on aspeakers’ bureau.

Make presentations. Teen court 1-30-96staff andvolunteers

Develop press release Teen court 1-30-96and contact media. staff

Fred Parker

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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

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

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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.

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CHECKLIST FOR ORGANIZING THE COMMUNITY

Have teen court program organizers or staff —

❑ Identified key stakeholders?

❑ 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 development

and implementation of this program?❑ 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)?

❑ Identified strategies for improving the response rate for stakeholders being contactedthrough informal means such as letters, surveys and questionnaires?

❑ 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?

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

❑ 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)?

❑ 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?❑ For each committee, determined the knowledge and skills needed to accomplish the

committees’ purposes?❑ Identified stakeholders with the knowledge and skills needed (based on a list of

stakeholders)?❑ Made efforts to recruit committee members who represent the geographic, racial and

ethnic diversity of the community?

❑ Conducted a needs and resources assessment?

❑ Determined the type of information to be gathered?❑ 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?

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❑ Developed an action plan?

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

❑ Determined activities necessary to accomplishing each goal?❑ Designated who will be responsible for performing each activity?❑ 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?

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

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

❑ Determined ways in which community support can be sustained?

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

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CHAPTER 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.

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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.1 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

statutory authority to operate;

procedural due process;

confidentiality; and

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.2 A few other

states also have passed laws establishing teencourt projects or jurisdiction.3 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

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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

the right to counsel;

the right to notice of the charges andproceedings;

the right to confront and cross-examinewitnesses; and

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.5

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.7 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

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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.

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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. Theconsents 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 1 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, attorneys, andvolunteers who attend teen court proceedings.

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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;

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

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

some log of the teen court proceeding andoutcome;

a referral agreement or notation of referralfor community service; and

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.

LIABILITY

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

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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

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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

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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.9

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.

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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.

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CHECKLIST FOR LEGAL ISSUES

Have teen court program organizers or staff —

❑ Determined whether the state has a teen court authorizing law?

❑ 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)?

❑ 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.)

❑ Developed program consent forms for defendants and volunteers?

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

❑ 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?

❑ 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?

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

❑ 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?

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

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

❑ Developed procedures for adequately protecting program records from unauthorizedaccess?

❑ Defined written program protocols on confidentiality?

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

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

❑ 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?

❑ Explored all insurance options thoroughly, based on professional advise?❑ 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?

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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.

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CHAPTER 4

DEVELOPING A PROGRAM PURPOSE, GOALS, ANDOBJECTIVES

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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 APPROACHMISSION 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

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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

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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

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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, ANDOBJECTIVES

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

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.

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.

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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).

Blindly 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

the overall mission of the agencyimplementing the program;

legal issues that may affect the program; and

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):

What deficiencies are we trying toovercome?

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

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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:

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

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

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

Short-term goal: 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: Improve the capacity ofyouth to becomeresponsible and productivecitizens.

Short-term goal: Provide youth with educationand hands-on experience inthe judical systems.

Short-term goal: Increase life and coping skillsof youth in the community.

Long-term goal: Protect the community.

Short-term goal: Hold youthful offendersaccountable.

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

Short-term goal: Provide youth with education and hands-on experience in the judicial system.

objective 1: 90% of youth attending the five-week teen court training seminar will pass a teen court barexam.

objective 2: All youth volunteers will be scheduled to participate in a teen court trial/hearing withinthree months of passing their bar examination.

Short-term goal: Increase life and coping skills of youth in the community.

objective 1: 30% of the ongoing youth volunteer pool will consist of past teen court defendants by theend of fiscal year 1996.

objective 2: 85% of youth volunteers will complete a six-week life skills class during fiscal year 1996.

Long-term goal: Protect the community.

Short-term goal: Hold youthful offenders accountable.

objective 1: All referrals to the teen court program will be docketed and heard in teen court within fiveweeks of the referral.

objective 2: During fiscal year 1996, 80% of teen court defendants will successfully complete theircommunity service hours within 90 days of their sentence.

objective 3: 80% of all restitution payments scheduled to be made during fiscal year 1996 will becollected.

objective 4: During fiscal year 1996, 60% of teen court defendants will complete a four-week victimawareness class.

Long-term goal: Decrease the number of youth in the community engaging in alcohol and illegal druguse.

Short-term goal: Intervene early, provide education to, and promote awareness among youth of thedangers of substance abuse.

objective 1: 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.

objective 2: 80% of all teen court defendants will successfully complete a four-week substance abuseawareness program.

objective 3: 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.

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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.

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CHECKLIST FOR PROGRAM PURPOSE, GOALS, AND OBJECTIVES

Have teen court program organizers or staff —

❑ 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).

❑ Do victims experience justice?

❑ Are there sufficient opportunities for them to tell their truth to relevant listeners?❑ Are they receiving needed compensation or restitution?❑ Is the injustice adequately acknowledged?❑ Are they sufficiently protected against further violation?❑ Does the outcome adequately reflect the severity of the offense?❑ Are they receiving adequate information about the event, the offender, and the

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

❑ Do offenders experience justice?

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

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

❑ Is the victim-offender relationship addressed?

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

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

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❑ Are community concerns being taken into account?

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

❑ Is the future being addressed?

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

❑ Developed a purpose statement?

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

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

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

designing program services in more detail.)

❑ Developed program goals?

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

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

❑ Developed program objectives?

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

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CHAPTER 5

DETERMINING A TARGET POPULATION ANDDESIGNING A

REFERRAL PROCESS

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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

define an offender target population for ateen court program;

design a streamlined referral process; and

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:

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?

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

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?

Will the program accept violent offenders?

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

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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 includeloitering;trespassing;curfew violations;arson;robbery;breaking and entering;auto tampering;harassment;wanton endangerment;receiving stolen property;larceny; andcriminal 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:

It must meet an identified need.

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

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 include

law enforcement;

juvenile intake;

prosecutor’s office;

juvenile probation; and

juvenile court.

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

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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:

Currently, how are juvenile casesprocessed through the system?

What role do you and your agencyplay in this process?

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

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

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)?

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

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

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

referring the offender to a diversion program;or

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 targetpopulation 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

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

where the program is located in thecommunity;

who it serves;

how it receives referrals and clients; and

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

objective 1: During FY 1996, 95percent of all teen courtdefendants charged with analcohol/drug offense willattend a Mothers AgainstDrunk Driving (MADD)victim impact panel.

objective 2: Eighty percent of all teencourt participants(defendants and volunteers)will successfully completea four-week substanceabuse awareness program.

objective 3: 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 all 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

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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

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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

Figure 5-2: Juvenile Justice Case Processing

Source: Crowe and Schaefer, 1992, p. 79

InformalAdjustmentAcquittal

PreliminaryScreening

Arrest

Release toParents

Detention

IntakePre-DispositionReport Social

HistoryAdjudication

ResidentialFacilities

Institutions

CommunityCorrectionsProbation

Aftercare

Transfer orWaiver to Adult

CriminalCourts

DiversionChargesDropped

ChargesDropped Diversion

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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.

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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);

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

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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

making periodic telephone calls;

conducting luncheon meetings;

writing newsletter articles;

being placed on agendas of referral agency’sstaff meetings;

acknowledging agency participation andsupport at annual recognition dinners andreceptions; and

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.

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CHECKLIST FOR TARGET POPULATION AND REFERRAL PROCESS

Have teen court program organizers or staff —

❑ 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?

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

goals, and objectives?

❑ Established a referral procedure?

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

❑ Identified potential referral sources?❑ Established criteria upon which referrals will be screened for participation in the teen

court program?❑ Determined whether the program will accept referrals from multiple agencies, or if all

referrals will be funneled through one referral source?❑ 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 be

responsible 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?

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❑ Provided information to and educated referral sources on the referral process?

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

❑ 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?

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CHAPTER 6

DESIGNING PROGRAM SERVICES

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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 tomeet 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 YOUTH,VICTIMS, AND THECOMMUNITY

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

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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 OJJDP report statesthat to counter these risk factors, programsshould strive to develop services that help

enhance individual characteristics;

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

promote healthy beliefs and clear standardsof behavior.

Figure 6-1: Risk Factors For Juvenile Delinquency

Risk Factors

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

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

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

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

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).

In essence, youth need to be presentedwith opportunities to make meaningfulcontributions to their families, schools,peer groups, and communities (OJJDP,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

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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

regain a sense of control over their lives;

restore the losses they sustained; and

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:

Parents want safe environments in which toraise families.

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

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

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

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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.

DEVELOPING PROGRAMSERVICES

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

Community service hoursOral or written apologies tovictimsJury dutyEssaysEducation 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:

The community service assignment should beseen as worthwhile work.

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

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

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

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opportunity for community recognition.

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:

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

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?

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

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

restore self-esteem in former defendants;

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

Table 6-1: Sample Teen Court Sentencing Grid

CLASS 1

Includes but not limited to Defective lights COMMUNITYNo helmet SERVICE:No seat belt 8-16 hoursEquipment violations JURY DUTY:Antinoise violations 1 termFollowing too closely(City Ordinance)

CLASS 2

Includes but not limited to Wrong side of street COMMUNITYImpeding traffic SERVICE:Red light/stop sign violation 16-32 hoursNo turn signal/improper turn JURY DUTY:Unsafe lane change 2 termsSpeeding 1-15 MPH over limitDisobeying traffic control deviceOne-way streetRacing-exhibition acceleration

CLASS 3

Includes but not limited to Driver’s license/restrictions COMMUNITYSpeeding 16-24 MPH over limit SERVICE:Speeding - School zone, 1-15 32-48 hours MPH over limit JURY DUTY:Insurance-no accident 3 termsLittering

CLASS 4

Includes but not limited to Racing-contest for speed COMMUNITYSpeeding 25+ MPH over limit SERVICE:Speeding- School zone, 16+ 48-64 hours MPH over limit JURY DUTY:Passing school bus 4 termsInsurance-accidentAccident violationsAll nontraffic violations

Source: Fort Worth Teen Court Program, nd.

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

return offenders psychologically to the rightside of the law; and

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Figure 6-3: Youth Perspective on Jury Duty Requirement

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:

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.

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.

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

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 court program asvolunteers, because it is throughsustained involvement in the programthat the greatest benefits are likely tobe realized.

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

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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

substance abuse awareness;

traffic survival and safety;

peer pressure;

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

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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

CounselingCurfewsLimited home restrictionsChores at homeApology to parentsJail toursAttendence 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

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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

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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

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

help offenders move beyond being“stuck” in focusing on their own “badluck”;

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

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

change behavior and save lives.

Value For Panel Members

By serving on a victim impact panel,victims:

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

experience something positive from apreviously devastating event; and

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.1

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

1For 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.

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(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.

Restitution 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

Basic Victim Validation Skills

Tell the victim to whom they arespeaking.

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

Say, “I am sorry.”

Say, “It is not your fault.”

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:

Procedures for payment. A procedureshould 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

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

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.

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.

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).

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 NotificationNotification 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 2

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

2Materials excerpted and adapted from Fulton, Stone &Gendreau (1994) Restructuring Intensive SupervisionPrograms: Applying What Works, pp. V1-16 through V1-23, Lexington, KY: APPA.

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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

the potential service providers and their pastperformances;

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

the method of service; and

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

the population being served;

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

methods of referral to the program;

methods of evaluation of client needs;

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

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

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

organizational capacity for effective andefficient management;

corporate capacity to provide the service;

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

clear lines of responsibility for dailyoperation;

contact person and established lines ofcommunication; and

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

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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

treatment and services provided;

notification and discharge communication;

treatment and referral criteria;

confidentiality issues;

frequency and type of client contact;

assessment criteria;

frequency and type of contact betweenagencies; and

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

client outcome;

system effectiveness;

cost-benefits; and

client and staff satisfaction.

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Figure 6-7: Contract Elements

CONTRACT ELEMENTS

Primary Elements

Opening paragraph: Defines the relationship between the program and the serviceprovider.

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

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

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

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

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

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

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

Secondary Elements

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.

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

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

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

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

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

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

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

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

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In order to effectively evaluate thedelivery of contract services, it isimportant that measurable objectivesare agreed upon 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

periodic telephone conversations;

mutual training workshops;

joint staff meetings;

informal meetings over lunch;

scheduled social events; and

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.

CONCLUSION

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.

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CHECKLIST FOR PROGRAM SERVICES

Have teen court program organizers or staff —

❑ Examined the needs of youth in the community?

❑ Identified current interests of youth in the community?❑ Identified current needs of youth in the community?

❑ Examined the needs of victims?

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

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

❑ Examined the needs of the community?

❑ Identified the top concerns of the community related to juvenile crime?❑ Determined which of these concerns the teen court program can address?❑ Identified what services currently are provided in the community to address these types of

concerns?

❑ Designed sentencing options for offenders?

❑ Community service

❑ 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?

❑ 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

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

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

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❑ Educational workshops

❑ Determined the topics that will be covered?❑ 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?

❑ Determined the procedure for making oral and written apologies?❑ 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?❑ Determined how restitution will be disbursed to victims?❑ 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 comply

with the restitution order?

❑ Examined additional sentencing options and program services

❑ Peer discussion groups❑ Tutoring❑ Peer mediation❑ Victim impact panels or classes❑ Victim input❑ Victim notification❑ Information and referral services❑ Special events❑ Other

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❑ 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);❑ the population served by the agency;❑ 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;❑ how the agency evaluates its services; and❑ 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

❑ treatment and services provided;❑ notification and discharge communication;❑ treatment and referral criteria;❑ confidentiality issues;❑ frequency and type of client contact;❑ assessment criteria;❑ frequency and type of contact between agencies; and❑ success and failure criteria.

❑ Written interagency agreements or contracts?

❑ Consulted legal counsel?❑ Ensured the written contracts or interagency agreements are realistic, reasonable, and

have explicit and enforceable provisions?

❑ Evaluated the services delivered?

❑ Developed measurable objectives that were agreed upon at the onset of the interagencypartnership as to how to evaluate❑ client outcome;❑ system effectiveness;❑ cost-benefits; and❑ client and staff satisfaction.

❑ Maintained partnership and communication with service providers?

❑ Identified and established techniques and strategies for maintaining a positive relationshipand solid communication with service providers?

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CHAPTER 8

RECRUITING, USING, AND TRAINING VOLUNTEERS

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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 section 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

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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:

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.

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.

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:

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

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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.

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

delinquency-prone youth to establishrelationships with more conventional peers.Figure 8-2 discusses the Los Angeles CountyTeen Court Program’s Youth LeadershipProgram.

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.

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

Figure 8-1: Youth Review Boards

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

to review teen court policies and practices;

to identify procedural problems encountered during the hearings;

to expose areas in which additional training may be needed for teen court volunteers; and

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.

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:

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

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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 Cons

An adult presence may help An adult presence may inhibitmaintain order and reduce the jurors, causing them not tolevel of chaos that can occur express their opinions asduring jury deliberations. freely.

Through observation, an adult An adult volunteer mayvolunteer can identify areas intervene unnecessarily andin which jury members may unduly influence the jury’sneed further training. decision.

Since teen court serves an The teen court jury is supposededucational purpose, an adult to be modeled after the adultvolunteer in the jury room jury process, and letting an adultcan respond to questions jurors volunteer sit in the jury roommay have concerning legal or would taint this process.procedural issues.

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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;

develop screening and applicationprocedures; and

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

name and contact information;

date of birth and educational level;

interests and skills;

employment experience (if any);

extracurricular activities;

previous volunteer experience;

the amount of time and days or evenings forwhich they are available to volunteer; and

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

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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.

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Figure 8-4: Gender and Ethnic Origin of Youth TeenCourt Volunteers

Youth Volunteer Population

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

SchoolsBoys’ and Girls’ ClubsYMCAs and YWCAsCommunity and recreation centersChurches

Source: APPA, 1994

Methods for recruiting volunteers include thefollowing (Fulton, Stone, and Gendreau, 1994):

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.

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; andRetired 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

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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.

VOLUNTEER TRAINING 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

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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

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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

conducting a needs assessment;

establishing training goals and objectives;and

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

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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.

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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 volunteersCase preparationCourtroom procedurePurpose of teen courtJuvenile 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

Figure 8-8: Sample Teen Court Volunteer TrainingGoals and Objectives

Long-term goal: To provide knowledge andskills to youth that will aidthem in their role asvolunteer jurors.

Short-term goal: To increase knowledge ofthe judicial system.

Objective 1: 80% of volunteer jurors willreceive preserviceinstruction on the operationof the local juvenile justicesystem, laws, and propercourtroom procedure.

Objective 2: 90% of youth volunteerjurors receiving preservicetraining will pass a teencourt bar exam designed toassess their knowledge ofthe local juvenile justicesystem, laws, and propercourtroom procedures.

Short-term goal: To enhance conflictresolution skills.

Objective 1: 80% of volunteersrequesting to serve as jurorswill receive two hours ofpreservice instruction oncritical and strategicthinking, questioning, andactive listening.

Objective 2: 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.

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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 HearingsWeek 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

I. Mission Statement

II. Program History and Video Presentation

III. Adult Volunteer Job Description

IV. Operating Procedures and Forms

V. Code of Conduct and Liability

VI. Adolescent Development

VII. Inventory of Attitudes and Behaviors

VIII. Teen Volunteer Job Descriptions

IX. Teen Training Outline

Source: H-E-B Teen Court Program, nd

Training MaterialsMost teen court programs have developedvolunteer training manuals. The vast majority of

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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

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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.

The technique should be feasible, given thesize and characteristics of the group, thephysical setting, and time available.

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.

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The technique should provide for activeparticipation by the trainee.

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

lectures;

interviews;

films, videos, and slides;

panel discussions; and

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

case studies;

games;

group discussions;

role-playing;

simulations;

coaching and demonstrating;

sensitivity groups; and

values-clarification exercises.

In addition to more formal training events, itshould be recognized that volunteers can learn agreat 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 alarge group, as well as classrooms that can beaccessed for small-group work. Schools also

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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 byprogram 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.

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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:

Establish the date, time, location of theceremony. Verify this information withthe judge.

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.)

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.)

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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

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

sharing success stories (e.g., during meetings,during one-on-one conversations withvolunteers, through newsletters);

inviting volunteers to attend teen courtsessions; and

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

Figure 8-14: Volunteer Appreciation Strategies

Ways of Showing Appreciation and Providing Incentives for Volunteer Participation

Youth Adults

Promotional items (e.g., pens, mugs, Promotional items (e.g., pens, mugs, t-shirts) 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

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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.

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CHECKLIST FOR USE, RECRUITMENT, 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?

❑ Determined which adult volunteer roles are necessary for the teen court program modelchosen?

❑ Identified additional roles/positions that can be filled by youth volunteers?❑ Identified additional roles/positions that can be filled by adult volunteers?❑ Developed volunteer descriptions for each volunteer role/position?

❑ Developed volunteer application forms and a screening/selection process?

❑ Identified relevant and pertinent information needed for contacting volunteers and formatching volunteers to appropriate roles/positions?

❑ Identified what types of volunteers should be interviewed by program staff prior toparticipating in the program?

❑ Established a policy that outlines the criteria upon which certain volunteers will bescreened?

❑ Developed a recruitment plan?

❑ Identified sources in the community from where youth volunteers can be recruited?❑ Identified sources in the community from where adult volunteers can be recruited?❑ Determined ways in which underrepresented groups in volunteer service (i.e., males,

minorities) can be recruited?❑ Determined recruitment methods and strategies that will be used (e.g., newspapers,

television and radio, schools, universities, churches, presentations, word of mouth)?

❑ 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)?

❑ 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)?

❑ Identified the needs and interests of the volunteers?❑ Identified the knowledge and skills needed to fulfill the volunteer roles (based on the job

descriptions)?

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❑ Determined the goals and objectives of the training?❑ Identified the topics to be covered in the preservice training for youth volunteers?❑ Identified the topics to be covered in the preservice training for adult volunteers?❑ 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?

❑ 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 more

seasoned volunteers)?❑ Developed a volunteer training manual that provides volunteers with useful information

that they can use as a reference throughout their participation in the program?❑ Identified training facilitators?❑ Identified various techniques and training methods that can be used to present training

topics (e.g., lecture, case studies, role-playing)?❑ Determined where the training session will be held?❑ Determined when training sessions will be held?❑ Determined how often training sessions will be held?❑ Developed a mechanism for evaluating how well the training meets the needs of the

volunteers?

❑ Developed strategies for sustaining volunteer support and commitment?

❑ Established mechanisms for recognizing volunteer efforts?❑ 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?❑ Developed incentives for volunteer participation?

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CHAPTER 9

EXAMINING HUMAN AND FINANCIAL RESOURCEISSUES

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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

determine qualifications needed for teencourt staff;

develop a detailed job description and hiringplan; and

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

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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

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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

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

Figure 9-2: Sample Teen Court Coordinator Job Description

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

Teen Court Coordinator

QUALIFICATIONS

Knowledge of —

Principles of supervision and training

Organizational and management practices as applied to the analysis and evaluation ofprograms, policies, and operational needs

Modern office procedures, methods, and computer equipment

Principles, practices, and techniques of records retention

Counseling techniques

Juvenile statutes and courtroom procedures

Principles and procedures of recordkeeping and report preparation

Local social services

Pertinent federal, state, and local laws, codes, and regulations

Ability to —

Develop and maintain a positive public image and support for the diversionary courtprogram.

Recognize drug and alcohol abuse symptoms.

Organize, direct, and implement a comprehensive teen court program.

Select, supervise, and train volunteer staff.

Analyze problems, identify alternative solutions, project consequences of proposedactions, and implement recommendations in support of goals.

Prepare and administer a budget.

Communicate clearly and concisely, both orally and in writing.

Respond to requests and inquiries from the public concerning the teen court program.

Establish and maintain cooperative working relationships with those contacted in thecourse of work.

Counsel and provide guidance to individuals and respond to situations that are of asensitive nature.

Maintain detailed records.

Source: Irving Teen Court Program, nd

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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;

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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 Criteria —Outcome

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 qualifications to 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).

FUNDING

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

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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.

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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

Federal government

State government

City/county government

Schools districts

Grants from private foundations andcommunity organizations (e.g., localbar association, Junior League)

Individual donations

Service fees

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

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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

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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.

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CHECKLIST FOR STAFFING AND FUNDING

Have teen court program organizers or staff —

❑ Determined how the teen court program will be staffed?

❑ Determined how many staff will be needed?❑ Determined whether staff positions will be paid or volunteer?❑ Determined whether the positions will be part-time or full-time?

❑ Determined job duties and qualifications and developed job descriptions?

❑ Identified the duties required for each position?❑ Identified what knowledge and skills are needed to perform the duties?❑ 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)?

❑ Determined information applicants will be required to submit (e.g., application form,resume, cover letter, references, certifications, transcripts)?

❑ Designated who will be responsible for interviewing candidates?❑ Determined the questions to be asked of each candidate?❑ Selected staff with longevity in mind?

❑ Designed a method for evaluating staff performance?

❑ Established results-oriented criteria upon which staff will be evaluated?❑ Informed staff of the criteria upon which they will be evaluated?❑ Determined who will be responsible for evaluating staff?

❑ Established mechanisms for promoting job satisfaction and professional development for staff?

❑ Analyzed staff duties and attempted to secure sufficient funds for the salary of staff?❑ Established a relatively stable program?❑ Created and provided opportunities for staff to access professional development?❑ Encouraged and provided access to an appropriate support system?

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❑ 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?

❑ 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, special

events)?❑ Designated a person(s) to be responsible for raising funds?

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