The Time Dollar Youth Court

Presented By: Brittany D. Clark

Profile of the Founder

         B.A from Swathmore College J.D from Yale Law School Civil Rights Attorney Speech Writer for Atty. Gen. Robert Kennedy Writer of Hungary, USA, a study on poverty which lead to the modern food stamp program.

Writer of Our Brother’s Keeper, an expose about the Bureau of Indian Affairs Founder of the National Legal Services Program Founder of Antioch Law School Founder of Time Banking, which has banks all over the US and World.

What is the Youth Court?

      Programs in which youth sentence their peers for minor delinquent and status offenses and other problem behaviors. An early intervention and prevention program An option on the continuum of juvenile services A means for educating youth on the legal and judicial system and the consequences of breaking the law A way to hold juvenile offenders accountable while enhancing their future.

An avenue for building ties between youth and their community

How does Youth Court Operate?

     Functions as a diversion program Accepts first time offenders Accepts misdemeanor, non-violent cases Requires youth to volunteer to participate in the program Requires parental consent for youth to participate in program

What is the Time Dollar Youth Court?

  Youth Court was created in 1996 as a solution to the consequential effects of the adult justice system on the youth of DC.

A formal agreement between the Superior Court of DC and the Time Dollar Institute established “a partnership for the purpose

of jointly developing a diversion program which provides a meaningful alternative to the traditional adjudicatory format in juvenile cases.”

What is the Time Dollar Youth Court?

 The Agreement provided that: 1. It shall serve as a unique pre-petition diversion program for nonviolent first offenders.

2. The Program will foster accountability, mobilize peer pressure to reduce delinquency and recidivism, promote responsibility to the community and victims of delinquent acts, and assist in the development of self-esteem and respect for the rule of law in DC.

“The Youth Court has established itself as an important cornerstone in a system of juvenile justice that really provides justice for juveniles.” – Chief Judge Eugene Hamilton, June 25, 200l.

Mission

The Time Dollar Youth Court (TDYC) is a court process authorized by the Washington, DC Superior Court for and by teenagers (12-18) that converts a youth’s early encounters with the law into a turning point in that youth’s life, leading to enhanced self-esteem, contribution and opportunity.

Co-Production

   The founding principle of Time Dollar Youth Court, Co-Production means working together to deliver a strong sense of community and more effect public services.

Co-Production builds on the fact people naturally want to give back, to make a difference, just as professional providers do. With Co-Production that giving back is encouraged. Recipients become partners and participants in building successful outcomes.

The five core values of Time Banking are applied to Co-Production to create a renewed sense of membership and joint ownership in positive outcomes.

Core Values

As its foundation and approach, the TDYC stresses the five core values of Co Production: 1. Assets/Equity: We are all assets. Every human being has the capacity to be a builder and a contributor.

Core Values

2. Redefining Work: Work must be redefined to include whatever it takes to raise healthy children, preserve families, make neighborhoods safe and vibrant, care for the frail and elders, redress injustice, and make democracy work.

3. Reciprocity: Giving is more powerful as a two way street. To avoid creating dependency, acts of helping must trigger reciprocity – giving back by helping others. “You need me” becomes “We need each other.”

Core Values

4. Social Capital: “No man is an island.” Informal support systems, extended families, and social networks are held together by trust, reciprocity and civic engagement.

5. Respect: There is respect for each and for what each brings to the table.

It is important to enlist youth in the co production of a new kind of juvenile justice that seeks to reclaim youth lost within the criminal justice system by using one act of delinquency to prevent other acts of delinquency the future!

Restorative Justice and Youth Court

  Goals - Holding youth accountable for their actions by increasing the young person’s understanding of the harm they have caused and giving them opportunities to repair that harm.

- increasing the skills and competencies of the offenders so that they can become productive members of society.

- involving the community in the disposition Restoration Youth Court - community/neighborhood community service/ jury duty - family apology - individual enrichment program

Offenses

 Top Three Offenses: 1. Threats and Simple Assault 39% 2. Disorderly Conduct 20% 3. Possession of Marijuana 14%

Metropolitan Police Department Metro Transit Police Department

Process of Cases

Superior Court of DC Court Social Services Truancy Center (Penn & Douglas) Parental Diversion Intake Unit

Superior Court Building B 409 E St. NW 3rd Fl.

Intake Meeting 1) Intake Packet

Completed & Reviewed

2) Explanation of Proceedings 3) Respondent Discuss Incident/Infraction 4) Hearing Date and Location Set Consent Decree (Immediately Sentenced) Hearing Held 500 Indiana Ave. NW (Saturdays) Jury Duty Essay on Subject Apology Wrap-Around Referral Services Mental Substance Abuse Mentoring Educational Advocacy Youth Court Sanctions (Possible Outcomes) Community service Enrichment Services Youth Development CAPT Life Skills YES Program

Process of Cases Referrals

   Respondents enter into Youth Court byway of Referrals.

There are six ways respondents can be referred to Youth Court.

1.

2.

3.

4.

5.

6.

Metropolitan Police Department (MPD) Metro Transit Police Department Superior Court of DC Court Social Services Truancy Center (Penn and Douglas) Office of Corporation Counsel Parental Diversion Majority of our respondents come to us through the MPD

Process of Cases Intake

    Intakes are held at Superior Court Building B 409 E. St. NW Every Monday and Wednesday from 9AM until 2PM Youth must be accompanied by a parent or legal guardian Procedure includes: 1.

2.

3.

4.

5.

Intake specialist explains what Youth Court is and how it can help respondents if they comply An intake packet, which includes the terms of compliance with Youth Court, waivers of respondent’s information, such as their grades and permission to refer respondent’s case to outside services is completed and reviewed. The respondent discusses the incident or infraction. The intake packet also includes a written respondent and parental statement as well as a survey so that the intake officer can learn more about their case and the activities that lead them to Youth Court.

A hearing date and location is set.

If the respondent is a consent decree (sent from DC Superior Court) he or she is immediately sentenced. That sentence includes 60 hours of community service, jury duty and an essay.

Process of Cases Hearing

     Most of our hearings are held on Saturday mornings at 500 Indiana Avenue NW All cases are heard by jurors ages 12 18, representing a true jury of the respondent’s peers.

An advocate judge (usually staff or undergraduate or law student volunteer) is also present and he or she presides over the hearing.

Before the hearing the respondent has a pre-sentence interview which advises him of the trial procedures and the possible sanctions. The respondent is also given the opportunity to talk out the incident that lead him to Youth Court, so that he is prepared for jury questioning.

Also before the hearing the jury is given background information on the respondent, including his charge, his written statement, the police version of the events, his age, his school and his interests.

Process of Cases Hearing

    During the hearing every respondent and parent is given his or her opportunity to speak and once again tell their side of the crime committed. Following is a question and answer period in which the jury learns more about the crime and the character and personality of the respondent.

The jury deliberates and delivers a sentence adequate to the crime committed and the attitude of the respondent during their hearing.

Following the hearing a post sentence interview is given to make sure the respondent is aware of what he or she has been sanctioned to and how he can complete his sanctions in a timely manner.

Process of Cases Sanctions

 There are 4 types of sanctions: 1. Inside Services 2. Community Service 3. Enrichment Programs 4. Referred Services

Inside Service Jury Duty

    Respondents are required to serve as a juror for Youth Court for 8 Saturdays following two Saturdays of jury training.

Jury Training – allows youth the opportunity to learn about DC laws and law enforcement, the consequences of breaking the law, how to be an effective listener, and how to understand and analyze the elements of a case.

While serving a juror, youth acquire analytical and decision-making skills.

They see the law from the other side of the spectrum, enforcement, and most develop a new and broader perspective of law and their place within the legal system.

Inside Service Essay

  Essays are from 1 to 5 pages. Essays topics are usually chosen by the jury from an array of topics, with the intention of helping respondents reflect on what they have done wrong and how it has affected their own lives as well as the lives of their victim. A written or verbal apology may also be assigned to those who the respondent victimized.

Community Service

   Youth can be assigned 10 to 90 hours of community service. This element of the sentence addresses restorative justice. Sites are chosen based on their ability to provide youth with learning experiences, personal growth and skill development. Projects have included helping to plan a community garden, reading to elders in a nursing home, participating in health fairs and attending a leadership retreat sponsored by the Mayor’s office.

Enrichment Program The Way to Happiness

   This program teaches students the art of studying and learning.

By helping students learn better study habits this program hopes to have them master “The Way to Happiness” pamphlet, which teaches students how to live happier lives.

This program is individually paced for each student.

Enrichment Program Life Skills

 This is an evidence based program with 16 sessions designed to cover such topics as anger management, self-awareness, building self-esteem, increasing communication and decision making skills, assertiveness, and the hazards of tobacco, drug, and alcohol use.

Enrichment Program CAPT

 This service offers respondents the opportunity to tutor at local elementary schools, working with students in the 1st through 5th grade. This sentence is most often given to truant respondents to help them realize the importance of education.

Enrichment Program Yes Program

 This program is an “offense specific” educational program for juveniles charged with Theft and Shoplifting and is designed to help prevent their future penetration into the criminal justice program. The program consists of a home study that requires respondents to complete various activities that we help determine their potential risk to repeat their offense.

2005 Statistics

 Demographics  Gender Breakdown - Females 44% - Males 56%  88% of the Youth between 13-17  Ward 8,7 and 4 have the highest number of cases heard

2005 Statistics

 Referrals  Cases Heard  Completed the Program  Unsuccessful  Open Cases/Active  No Shows 753 (Sources: MPD, DCPS, DCSC) 700 477 (87%) 74 149 35

2006 Statistics

 Referrals 868  Cases Heard 762  Completed the Program  Unsuccessful 56  Open Cases/Active 254  No Shows 10 373 (Sources: MPD, DCPS, DCSC)

Increase in Cases

800 700 600 500 400 300 200 100 0

Increase in Number of Cases

753 700 150 480

Year

Program Outcomes

      Recidivism Rate  11% down from 17% - data from one year Completion of Program  85% Completion Written Essays  Compellation of students work Community Service  183 youth placed for a total of 7,819 hours = $54,733 (Based on minimum wage) Life Skills  Supplemental program – 80 youth have received training National Geographic  Use of Youth Court model in civic textbook

Youth Court Models

There are four basic types of Youth Courts. 1. Adult Judge Model 2. Youth Judge Model 3. Youth Tribunal Model 4. Peer Jury Model

Adult Judge Model

  The Adult Judge Model has youth volunteers serving in the roles of:  Defense attorneys    Prosecuting attorneys Jurors.

Court Clerks  Bailiffs An Adult serves as the judge. The judge is typically the only adult involved directly in the proceedings, and the judge's role is to rule on courtroom procedure and clarify legal terminology. This appears to be the model most widely used throughout the United States.

Youth Judge Model

 The Youth Judge Model differs from the Adult Judge Model in that youth also serve in the role of judge. Qualifications of youth judges typically include a minimum level of service as youth court attorneys, and minimum age requirements.

Youth Tribunal Model

     The primary difference in this model and the other Youth Court Models is that there are no youth jurors. The case is presented by the youth attorneys to a youth judge(s), who determine the appropriate sentence for the youth court defendant. Most programs that use the Youth Tribunal Model employ a panel of three youth volunteer judges. The youth volunteer judge with the most experience sits in the middle of the panel and can counsel the other two youth judges, if needed. For those youth court programs that adjudicate cases, this model typically is used for arraignment proceedings.

Peer Jury Model

    The main distinction between programs operating under the Adult Judge, Youth Judge or Youth Tribunal Models versus Peer Jury Models, is that peer jury model youth court programs do not use youth in defense and prosecuting attorney roles. Instead, the facts of the case are read by a case presenter and a panel of youth jurors question the defendant directly. Most have an adult volunteer serve in the role of judge. Depending on the program, the case presenter could be the youth court coordinator, a probation or law enforcement officer, or a youth or adult volunteer. Some programs use the peer jury model exclusively, while other programs use this model for certain types of cases being heard or for cases involving younger youth court defendants.

Success Story

   The Positive effects of Youth Court expand miles, but each case brings a smile to our face!

Justin J., a successful program graduate says Youth Court helped him feel less alone and “make better choices – not talk back to teachers and police officers, and watch where I hang around.” Justin’s mother has even seen the effects. She says “I have seen a complete turnaround in him, honestly. He has inculcated a lot of things he learned from the program.”