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Peer (Youth) Courts

Peer courts are juvenile offender programs where students determine the consequences to be imposed on other young people for low-level criminal conduct. Students may assume the role of attorneys, court staff, judges, and jurors in a trial to determine what should happen to a peer who has violated the law. Peer court programs also may provide services to schools through a prevention curriculum on the juvenile justice system.

Peer courts are premised on the belief that peer influence, properly focused, is a powerful weapon against juvenile crime. These courts give young people practical experience in the juvenile justice system so they may better understand their rights, more easily meet their responsibilities and make better decisions about their daily lives.

Where They Started

The origins of peer court are a bit sketchy. There are indications that early versions of youth courts may have existed in the 1940's. It is generally conceded, however, that the modern peer court system had its origins in the West Texas city of Odessa in the early 1980's. Peer courts rapidly expanded throughout Texas, then throughout the nation. Active peer courts currently exist from Alaska to Florida and New York to California.

It is not certain when the program first came to California. In the mid to late 80's programs had been developed in Humboldt County and by the Danville Police Department in Contra Costa County.

Why They Work

"Recidivism," the rate offenders later return to the criminal justice system with new law violations, frequently is used to measure the success of judicially supervised programs. Approximately 75%-80% of the adult defendants sentenced to state prison return to court because of new crimes. The return rate for persons committed to the California Youth Authority is approximately 45%-50%. Nearly 25% of the minors handled in the traditional juvenile justice system return with new offenses. Although there have been no formal statistical studies of peer courts, anecdotal reports indicate that young persons completing these programs return to the justice system less than 5% of the time. The reasons for such phenomenal success are varied.

Unlike any other juvenile program, peer courts empower young people by giving them the authority to hold other youths accountable for decisions they make. Peer court programs bring to students an awareness of current laws affecting young people and an understanding of the juvenile justice system.

Peer courts are a new method to divert students from the formal court system by providing additional options to combat juvenile delinquency at its earliest stages. They interrupt thoughts of unlawful activity before a pattern of lawbreaking is developed. The programs promote feelings of self-worth and motivation for self-improvement; they foster a healthy attitude toward authority. The trial process challenges its mix of volunteers and defendants to perform at their highest levels.

Most jurisdictions operate diversion programs for low-level, first time juvenile offenders. Diversion caseloads typically include such offenses as petty theft, trespassing, minors in possession of alcohol, and simple assault and battery. While diversion programs have been very successful in keeping many children from going on to higher levels of delinquent behavior, such programs generally lack any long-term accountability and have no component focused on prevention of criminal activity before any crime is committed.

With larger caseloads dictated by tough budget decisions, probation officers are forced to concentrate on the more serious offenders. The entry-level petty offenders tend only to receive a "slap on the wrist," and are told to go home and "be good." Without serious consequences to contend with, these young offenders will come back again and again until they are well entrenched in criminal behavior, commit a serious offense and are finally brought within the jurisdiction of a formal juvenile court process. Peer courts provide the needed accountability for these new offenders.

With resources being spread ever thinner, it is imperative that agencies come together in a collaborative effort to address and effectively resolve the complex issues associated with juvenile crime. Successful peer court programs frequently are the result of joint efforts by the juvenile court, probation department, schools, the district attorney and defense bar, mental health agencies and police departments.

Whatever style or system of peer court is used, the ultimate success of any program is rooted in the commitment and enthusiasm of those who participate in it. Peer courts have the ability to attract and sustain people committed to the goal of making a difference in the lives of children. Adult and juvenile participants alike quickly learn that even a modest effort expended on the program will return a huge dividend of gratitude from their community.

One of the best descriptions of the program come from Justin Bosserman in his application for membership as a youth member on the Placer County Peer Board of Directors: "This program is something unique to those teens who have committed crimes. It offers not only a punishment that deters further criminal behavior, but something much more substantial: a chance to change. Every person that I have defended I have to know personally, and every time the emotions I see them go through in a single trial amazes me. Their fear of being judged by their peers, they're dealing with what they have done, nervousness, repentance, and acceptance. I have seen people cry on the stand, I have seen them boldly face their consequences, and I have seen them learn…Having their own peers judge them makes the verdict more real; "this is what your own friends think" says far more to today's teens than " this is what the adults think."