Youth Court And It's Effect On Education

    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).