Picture if you can, a busy inner city courtroom. There
are members of the court staff preparing to take stenographic record of the day's
events. The clerk is preparing to receive and stamp evidence. Attorneys
are having last minute meetings with their clients and putting the finishing touches
on their exhibits and arguments. Jurors are filing in, ready to perform their
duty. Judges are in their chambers donning their robes and bailiffs are generally
attempting to keep order amidst the activity. Then, the judge takes the bench
and begins to move through the day's docket of cases. On this day when you
take a step back you realize that not only are all the aforementioned roles being
filled by youths between the ages of 13 and 18, but, today is Saturday and the students
unanimously picked it as the day that the Niagara Falls Youth Court would be in
session every week.
Public Schools
The primary function of public schools is to provide all school
aged children with an equal opportunity. These days, school districts across
the country are faced with the growing dilemma of how to provide every student a
physical environment within which to study, learn and grow that is orderly, safe
and conducive to putting forth best effots, without severely restricting their every
movement. [1] Many school districts have
taken steps to promote safety and help students, teachers and staff gain a greater
sense of security. There are metal detectors, school uniforms, mesh backpacks,
canine narcotics searches and "zero tolerance" disciplinary policies for drugs, weapons,
violence and sexual harassment. While it may appear that the enumerated measures
have effectively transformed public schools into maximum-security prisons, all are
unfortunate necessities dictated by the times.
Niagara Falls Youth Court
In early 1997, the Niagara Falls City School District reviewed the number of students
who were going through the disciplinary process and requested that the Niagara Falls
Police Department provide information concerning juvenile crime statistics in the
City of Niagara Falls. [2] Thereafter,
representatives from the School District, the Niagara Falls Police Department, the
Niagara Falls City and Family Courts, and the Niagara County Probation Department,
together with city leaders and individuals from various community service providers
created the Juvenile Justice Board to assess how to best serve the needs of at-risk
youth of the community. In February 1998, the Juvenile Justice Board made
a commitment to implement a Youth Court as part of its plan to assist the at-risk
youth of the community, including those who entered the criminal justice system.
Through the efforts of the Niagara Falls City School District, grant
funds were obtained and a Youth Court Coordinator with proven experience in working
with both law enforcement and with youth in the community was appointed.
[3] In an effort to further solidify
its commitment to the Youth Court program, the School District lead by the Superintendent
of Schools, facilitated meetings with school adminstrators and disciplinarians to
discuss the possibility of utilizing the Youth Court for certain school disciplinary
matters. [4] As a result of these meetings,
it was decided that The Niagara Falls Youth Court would be one of the first, if
not the first in the State to incorporate a school referral process. Students
who engage in conduct that is in violation of school policy but does not merit a
suspension in excess of five school dayes requiring a hearing in connection with
Section 3214 of the Education law may be referred to Youth Court. Activities
which may be referred to Youth Court include minor thefts, breaking of school rules,
use of profane or obscene language, smoking on school property, truancy from school
and/or classes, and violation of School District on-line services or internet use
policy. As with criminal activity occuring outside of school, repeat offenders
and those who are unwilling to accept guilt for their action will also be ineligible
for referral to Youth Court.
At the end of the 1998-1999 school year an initial recruitment of
students was conducted. Over the summer a general information manual together
with a Penal Law manual was forwarded to all prospective members to prepare them
for the eight-week training course slated to begin at the beginning of the new school
year. The response was greater than was anticipated, with the majority of
the participants coming from the two public and one catholic high schools located
in the City of Niagara Falls. There was also a great deal of interest from
middle school students. Any initial concerns with respect to the diversity
of the participants were quickly abated. The cultural, social-economic and
gender composiont of the current court members adequately reflects the diversity
of the Niagara Falls population. [5]
Sharing links between Youth Court and classroom
Youth Court members must complete a multi-week training course during which they
receive a law-related instruction. Training takes place in an actual Niagara
Falls City Court courtroom. [6] Training
sessions are conducted by two attorney mentors and include an overview of the criminal
justice system from arrest through appeal. [7]
Students are given fact patterns and required to spot crimes committed, potential
issues for adjudication and avenues for defense. Instruction focuses on information
required by volunteers for their roles as advocates, judges and jurors. The
instruction received by students incorporates components of the government cirriculum.
Students learn about the Penal Law, rules of evidence, and general trial practice.
Students also receive instruction on constitutional rights, ethics and aggravating
and mitigating circumstances. Youth Court members are expected to be able
to speak publicly and give opening and closing statements, and mark and enter physical
evidence.
Volunteers also receive instruction concerning sentencing theories,
and learn about the important role rehabilitation plays in the sentencing of offenders
and also the need to consider the impact crime has not only upon the victim, but
the community in general. The sentencing options availble to members of the
Niagara Falls Youth Court are similar to those utilized nationwide. [8]
A youth may be sentenced to perform between eight and fifty hours of community service
for a misdemeanor. The service will be performed at any number of community
agencies that have expressed interest in participation in the program and may consist
of cleaning a park or assisting at a community function. Offenders may also
be required to provide restitution and letters of apology to their victims.
In certain circumstances, offenders may be directed to attend mediation or education
programs or counseling, subject to the approval of the Family Court and the Probation
Department. Further, they may be required to write an essay or have their
progress in school monitored. Finally, offenders will be required to serve
as a Youth Court juror for at least one case. It is hoped that this final
option, together with a positive experience in the Youth Court will prompt the student
to want to participate in the justice system in a positive way in the future, as
a volunteer rather than an offender.
Members of the Youth Court are expected to be positive role models
for other students, offenders and non-offenders alike. Given the nature of
high school and middle school students, considerable time in training is dedicated
to the confidential nature of Youth Court proceedings. Members are instructed
that by no means are they ever to discuss confidential matters of Youth Court with
their friends or families. They are expected to obey the law and to follow
all school conduct rules. Should they fail to do so, they may lose the privelege
of participation in Youth Court.
Although Youth Courts are not the panacea of the problem of juvenile
crime, they are effective at reducing recidivism rates among young first time offenders.
Further, they are useful in promoting pro-social involvement and improving adolescents'
perceptions of justice. [9] The Niagara
Falls Youth Court program has proven to be a resounding success. The School
District and law enforcement agencies have demonstrated a commitment to its success,
as have the Courts and community service providers. The students have demonstrated
their commitment to the program by giving up Saturday mornings to become involved.
The role model expectations extend directly to the classroom. Youth Court
members have lectured in government classes on their personal experiences.
They have also been advisors for the Business Law classes mock trial. Youth
Court members are given credit in government classes for their participation in
Youth Court.
[1] Information
obtained from Niagara Falls City School District Regulations for Implementing Board
Policies on School Discipline in the Niagara Falls Public Schools Handbook.
[2] Information concerning the history of the Juvenile Justice Board in Niagara
Falls was provided by Cynthia Bianco, Assistant to the Superintendent of Schools.
[3] The Niagara Falls Youth Court Coordinator is Retired Detective Lieutenant Arthur
Eberhart who is currently the Executive Director of the Niagara Police Athletic
League.
[4] Niagara Falls City School District Superintendent, Carmen A. Granto.
[5] Information pertaining to composition of Niagara Falls Youth Court was obtained
from the Youth Court Coordinator's Quarterly report dated October 5, 1999.
[6] Much gratitude is owed to Chief City Court Judge Mark Violante for the use of
this facility which enhances the learning process for the participant's.
[7] Attorney mentors are Maria Massaro-Bruno, Assistant School District Attorney,
and Michael McNellis, Assistant Niagara County District Attorney.
[8] Information pertaining to Youth Court sentencing obtained from Niagara Falls
Youth Court Manual formulated with materials obtained from Colonie, New York Youth
Court.
[9] Tracy M. Godwin, A Guide for Implementing Teen Court Programs Fact
Sheet, Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office
of Juvenile Justice and Delinquency Prevention (1996).