Beaverton Police: Youth Peer Court

Youth Peer Court

The Beaverton Youth Peer Court is designed to give youths the opportunity to participate in the criminal justice system as well as to provide a cause and effect system for them to understand and accept responsibility for their actions.

Background

The Beaverton Youth Peer Court Program is the result of innovation and support from the Beaverton Police Department, Washington County Juvenile Department, Beaverton Together, Beaverton School District, and Washington County Bar Association.

Through working with students in Beaverton's middle and high schools, it was found that many young people were not being held accountable for their mistakes. Without suitable deterrents from the community, many youths would make poor choices which would not only affect the community, but would adversely affect their own life paths as well.

In an effort to remedy this situation, youth courts being tested in other parts of the country were studied, including programs in Denver, Colorado; and in San Francisco, Danville, and San Ramon, California. Due to the success of these youth courts, not only has the juvenile delinquent rate been reduced in these cities, but the youths have the opportunity to be involved in the justice system without creating a criminal juvenile record. Additionally, the youth court volunteers have the opportunity to spend their free time developing an understanding of the country's legal system while being involved in a meaningful community project.

Philosophy

Beaverton Youth Peer Court is a program whereby youths who have committed first time misdemeanors or violations are judged through a court system of their peers. The attorneys, clerks, bailiffs, and jurors are volunteers from 12- to 17-years of age. The defendants have admitted guilt and are standing trial to be sentenced by their peers. The success of Youth Peer Court depends on the combined effort of the Beaverton Police Department, adult volunteers who work in the legal field, and teenage volunteers interested in learning more about the legal system through hands-on experience. The community benefits from the program's success since fewer second-time offenders means a lower crime rate.

The process begins either with a recommendation by the Prosecuting Attorney from the Juvenile Department or, in most cases, when a police officer comes in contact with a youth believed to have committed a misdemeanor (e.g., non-victim vandalism, theft) or a violation (e.g., possession of alcohol or tobacco, and out past curfew). Instead of arresting the juvenile, a citation is issued and signed by the juvenile stating that s/he agrees to meet with his or her parents and the officer of Youth Peer Court Intake. At that meeting, the officer discusses the options for the youth, which are either:

Enter the Juvenile Court System and risk a possible criminal record; or
Enter the Youth Peer Court.

By choosing the latter option, the juvenile is admitting guilt and is agreeing to accept the court's decision as final and binding. Furthermore, choosing Youth Peer Court means that certain Constitutional Rights (e.g., hearsay and the right to confront witnesses) will be forfeited. If the juvenile chooses Youth Peer Court, s/he is then given a court date and location for the defendant to appear with his/herparent for trial.

With the wheels in motion, the cases are distributed to the student attorneys. The student attorneys research their cases for information that might include past criminal records, legal concepts, or special circumstances surrounding the defendant. Prior to trial, attorneys are expected to read the pertinent Oregon Revised Statutes, interview the defendant and potential witnesses, and prepare opening statements, questions, and closing arguments. Attorneys are encouraged to consult Youth Peer Court advisors, the school resource officer, or professional attorneys about their questions. At all times, the volunteers must adhere to the confidentiality requirements as to the identity of the defendant and the facts of his/her case.

The jury consists of 6 to 12 youths. A jury coordinator assigns volunteers to specific cases on specific dates. A portion of the jury should consist of past defendants who are serving their required duty to the Youth Peer Court. Every defendant who chooses Youth Peer Court is required to serve as a peer court jurorat least once regardless of their sentence at trial.

Beaverton Youth Peer Court encompasses most of the facets of any trial court. At trial, both attorneys present opening statements and then the prosecution presents its case. At this time, the defense may make a Motion to Dismiss. If the motion is denied, then the defense makes its case. After closing arguments, the presiding judge instructs the jury on rules of the law and the jurors' responsibilities toward the case. After the jury withdraws, the jury chooses a foreman, deliberates on the case, and decides on a unanimous verdict. Sentences may include writing an essay, working a certain number of community hours, and/or paying restitution. Regardless of the sentence, each defendant is required to serve as a Youth Peer Court juror and participate in a self-esteem workshop. When court reconvenes for that case, the jury foreman announces the sentence and an explanation for their decision. After trial, the Youth Peer Court advisors meet with each defendant to set up appointments for the completion of the sentence (e.g., community service). When court adjourns for the day, the attorneys and the judge stay for an informal troubleshooting session, where the attorneys ask questions, learn what mistakes were made, and how to avoid those mistakes the next time they serve as attorneys for Youth Peer Court. Any problems are discussed at the next meeting between the volunteer coordinator and the Youth Peer Court advisors.

Responsibilities

Volunteer Coordinator

The volunteer coordinator is responsible for setting up appointments with potential defendants, their parents, and the Youth Peer Court advisors. The volunteer coordinator oversees the program and offers suggestions for improvements to the court through its contact with the Youth Peer Court Advisory Board.

Youth Peer Court Advisors

Advisors are adult supervisors who assist in the running of Youth Peer Court. Advisors work hand-in-hand with the volunteer coordinator to coordinate training and education as well as help meet all the needs of Youth Peer Court.

Peer Court Judge

Youth Peer Court Judge

The Youth Peer Court judge is an adult volunteer working in the legal field who sits as judge pro tem, ruling on questions of law and making sure the court proceedings run smoothly.

Youth Peer Court Attorneys, Clerks, and Bailiffs

Youth Peer Court attorneys, clerks, and bailiffs are volunteers from 12 to 17 years of age. The criteria for a good attorney is a commitment to work and the ability to work with others. Also considered helpful, but not restrictive, are secondary qualifications such as GPA, extracurricular activities, and past experience. All volunteers must undergo training sessions on legal research and concepts. Prosecuting attorneys have the responsibility of attempting to secure the most severe punishment for defendants as possible, regardless of personal feelings. Likewise, defense attorneys have the responsibility of attempting to secure the most lenient sentence for their clients, regardless of personal feelings. All volunteers are expected to treat the court with respect in every way, which includes dressing appropriately, arriving on time, and being prepared for trial.

Youth Peer Court Jurors

Youth Peer Court jurors are a combination of volunteers from 12 to 17 years of age and past defendants who are serving jury duty as a result of utilizing the Youth Peer Court program. Jurors are rotated by the volunteer coordinator to ensure fairness for the defendants. Jurors are expected to treat the court with respect in every way, deliberating in a manner that is fair to both the defendant and the People. A volunteer list will be compiled of middle school and high school students living within the city limits of Beaverton. Prospective jurors may expect to be called for jury assignment more than once.

Youth Peer Court Defendants

Youth Peer Court defendants are expected to treat the court with respect including completing the sentence handed down by the jury. Also, defendants are responsible for attending a self-esteem workshop and serving as a juror in a future Youth Peer Court trial. There are two ways in which a defendant may possibly be worse off by choosing Youth Peer Court and both have to do with responsibility. If a defendant goes through the whole Youth Peer Court process, but fails to show up for trial the case will be referred to Juvenile Court if the defendant cannot show reasonable cause for the absence. In this situation, the defendant may face a more severe verdict than if s/he had initially chosen Juvenile Court, due to wasting the Youth Peer Court's resources. Likewise, if a defendant fails to complete a sentence and cannot show just cause, the case will be referred to Juvenile Court and a similar reprehension may be due. The volunteer coordinator and the Youth Peer Court advisors have the task of making sure the defendant completes his/her sentence.

Benefits of Peer Court

For the defendants:

Youth Peer Court offers an alternative to Juvenile Court (and a possible criminal record) for youths who have committed first-time misdemeanors or violations.
The jury duty requirement allows the defendant to switch to the other side of the legal process which restores self-esteem and promotes accountability for their actions.
Attending a self-esteem workshop provides useful skills for the defendant to make responsible decisions in the future.
The Youth Peer Court experience generates a respect for the legal system and the consequences of one's actions.

Peer Court Volunteer

For the Volunteers:

Volunteers become closely familiar with important legal statutes, issues, and concepts through hands-on experience. They begin to understand the reasoning behind certain provisions of the law and how to interpret legal writing.
The constant interaction between volunteers and police officers fosters mutual cooperation and respect.
Voluntary work is looked upon favorably by scholarship committees, universities, and the community.
Volunteers may develop common understandings or friendships from working together.
Volunteers may develop empathy as they become more aware of the problems facing their peers and, perhaps, themselves.

For the Community:

The goal of Youth Peer Court is to educate the community's youths. Defendants gain respect for the law when held accountable for their actions by their peers. In most cases, defendants will use better discretion when making future choices, thereby, lowering the community's crime rate. Youths who are active community members, grow up to be adults who are active in the community.
Youth Peer Court helps to lower the number of cases tried in Juvenile Court, which saves money and allows more efficient prosecution of more serious crimes. Other communities report that similar programs have been significant in reducing second-time offenses.

For information contact Sue Hayes
Phone: (503) 526-2562