County Youth Court utilizes students as jurors, attorneys
By JENNIFER WILSON
News editor
For teen-agers who commit crimes, the concept of a "jury of their peers" doesn't quite hold true.
That's because their peers are too busy to serve on the jury — they're at school.
Now, area teen-agers that commit minor offenses have the opportunity to have a genuine jury of their peers hear their case and determine a proper sentence.
The Marion County Youth Court is the organization that will make it possible.
It's a system that gives teens insight into the inner workings of the court systems while still accomplishing practical justice. A "mock trial" training session was held Wednesday evening at the county courthosue.
"The program is meant to empower the kids," said Nicole Lind, youth court coordinator for the Eighth Judicial District.
Youth court enlists high school and middle school students to serve as the jury and attorneys in a juvenile case. An adult attorney serves as the judge.
The two attorneys serve the normal functions — one as the defender of the client, and one as the prosecutor. But this court doesn't determine guilt or innocence; it merely decides on the proper sentence. Before they go to youth court, offenders must sign an admission of guilt, Lind said.
Juveniles eligible for trial in youth court are those who have committed minor offenses — lesser misdemeanors including criminal damage to property, possession of alcohol, and theft.
The Eighth Judicial District already has two youth court programs at work in Dickinson and Geary counties.
But similar court systems have been under across the country for several years.
Texas has had a youth court program in place for more than 50 years. When law enforcement officials saw how successful it was, youth courts began to spring up across the country, Lind said.
The idea caught fire in Kansas too, and youth courts now exist across the state, from Olathe to Burlington to Newton.
Youth court is open to volunteers from all five county school districts. Applicants must be screened by their school administrators.
The volunteers can choose to serve as attorneys or members of the jury or both — they'll have the chance to serve in as many roles as they want, Lind said.
Since there are several different types of youth court, Marion County will use the adult judge model, which is the model Dickinson County uses. Marion attorney Keith Collett will be the first judge.
The program isn't mandatory, however; teenage offenders can choose to go through the regular court system. It's a decision they and their parents have to make, Lind said.
Once the trial starts, it's much like any other court: The defense attorney tries to paint the best picture possible of the youth. For example, the teen repaired the house he damaged and apologized to the owners. The prosecutor emphasizes the seriousness of the crime and appeals for a harsh punishment.
The jury then goes out for deliberation and returns with a sentence. They may assign community service hours, set up a curfew for the offender, have him or her write a letter of apology or an essay. Every thing is examined on a case-by-case basis.
There are maximums to the sentencing so that the punishment isn't overly harsh, Lind said. But the jury has the final say in all cases.
"It's all the jury," she said. "We haven't had any problems."
And in most cases, part of the sentence will be serving on a future jury.
It's all a part of a concept called "restorative justice."
The process keeps teen-agers accountable to their peers — the students that are their age.
"It helps bring the community together," Lind said.
So far, the Marion County program has received about 25 applicants, and they've all been accepted, said Linda Ogden of the Communities in Schools interagency council.
Ogden would like to see that number double or triple, she said.
Once youth court gets underway, it will usually hear cases once every couple months, with one to three cases per session, Ogden said. They'll start in March.
"It's going to fluctuate," she said. "It depends on when kids are referred."
Ogden said that most of the volunteers have been from the bigger school districts in the county: Hillsboro and Marion. But the court will try not to pile a teen's classmates in front of him while he's on trial, she said.
If a Centre student, for example, was being tried, the youth court would limit the number of Centre students on the jury. That way, the offender's not facing a horde of students from his school, Ogden said.
"It's going to help different kids in different ways," she said.
Because youth court is a diversion program, any sentencing will be wiped from the offender's permanent record.
The goal of youth court isn't just to condemn the teen who committed the crime — it's also about letting him see that their actions have affected real people, especially when it's his turn to serve on a jury.
"They're going to be able to see it from the other side," Ogden said.
