NCJ Number
65921
Journal
FBI Law Enforcement Bulletin Volume: 49 Issue: 3 Dated: (MARCH 1980) Pages: 16-21
Date Published
1980
Length
6 pages
Annotation
IN HORSEHEADS, N.Y., A YOUTH COURT COMPOSED OF YOUNG PEOPLE APPOINTED TO JUDGE THEIR PEERS HANDLES MISDEMEANORS. THIS ARTICLE DISCUSSES THE OPERATION OF THIS PROGRAM AND ITS EFFECTIVENESS.
Abstract
YOUNG PEOPLE BETWEEN THE AGES OF 10 AND 19 SERVE ON THE COURT, DEVELOPED AS A DELINQUENCY PREVENTION AND CONTROL PROGRAM; THEY ACT AS JUDGES, LAW GUARDIANS (PUBLIC DEFENDERS), FACTS ATTORNEYS (PROSECUTORS), AND CLERKS. TO BECOME COURT MEMBERS, YOUTHS MUST VOLUNTEER, MUST ATTEND A 10-WEEK, 20-HOUR TRAINING COURSE TAUGHT BY LOCAL ATTORNEYS, JUDGES, AND TEACHERS, AND MUST PASS A COMPREHENSIVE EXAMINATION. FOUR SEPARATE COURTS CONSTITUTE THE YOUTH COURT, EACH OF WHICH CONVENES MONTHLY. THE COURT HAS JURISDICTION OVER YOUTHS AGED 7 THROUGH 15, AND REFERRALS ARE MADE TO THE COURT ONLY BY POLICE AGENCIES. MOREOVER, AN ARRESTING OFFICER HAS CONSIDERABLE LATTITUDE IN DETERMINING WHETHER A PARTICULAR OFFENSE WILL BE TRIED IN YOUTH OR FAMILY COURT. NO FELONY CHARGES ARE HANDLED BY YOUTH COURT. THE PRIMARY OFFENSES CHARGED ARE PETTY LARCENY, CRIMINAL MISCHIEF, CRIMINAL TRESPASS, AND DISORDERLY CONDUCT. A TYPICAL CASE, WHEN FOLLOWED FROM INCEPTION TO CONCLUSION, SHOWS THAT AN ATTEMPT IS MADE TO TAILOR THE PUNISHMENT TO FIT THE CRIME. THE DISPOSITION OF THE CASE CAN BE (1) DISMISSAL, (2) SUSPENDED JUDGMENT, (3) SENTENCE OF UP TO 50 WORK HOURS, (4) CONDITIONAL DISCHARGE AND/OR WORK HOURS, (5) AN ESSAY PAPER REQUIREMENT, OR (6) MANDATORY ATTENDANCE AT TRAFFIC AND/OR CRIMINAL COURT. RESULTS INDICATE THAT, OUT OF 400 YOUTHS PROCESSED OVER A 3.5-YEAR PERIOD, ONLY 2 HAVE BEEN INSTITUTIONALIZED, AND THE OVERALL RATE OF RECIDIVISM IS LESS THAN 10 PERCENT. MOREOVER, AN ADVANTAGE OF THE COURT IS ITS JURISDICTION OVER MINOR CASES WHICH WOULD NEVER BE CONSIDERED BY FAMILY COURT, SUCH AS BICYCLE VIOLATION AND TRUANCY. BY APPLYING THE LAWS FAIRLY, YOUTH MAY DEVELOP A BETTER UNDERSTANDING AND RESPECT FOR THE LAW AND THE CRIMINAL JUSTICE SYSTEM. HOWEVER, SOME POLICE OFFICERS REMAIN UNCONVINCED OF THE COURT'S VALUE TO THE COMMUNITY. COURT COSTS AND MINOR JURISDICTIONAL SQUABBLES ARE NOTED. A YOUTH COURT SUMMONS FORM IS INCLUDED. (WJR)