FACING YOUR PEERS
Teen Court offers young misdemeanor offenders a path to redemption
When the judge says, “All rise,” and everyone gets to their feet just as they would in any courtroom, it might be easy to forget that the person behind the judge’s bench in the black robe is a senior in high school, and that the jury, attorneys, defendants and witnesses are all teenagers, too.
That’s because it is Wednesday night at Teen Court of Santa Fe County, a 23-year-old program that helps teenagers in the community who have committed misdemeanors or who are involved in minor traffic accidents. Some 500 teen defendants pass through its doors every year, and somewhere from 25 to 30 other teens work as volunteer lawyers trying their cases.
Teen Court usually deals with first-time offenders and works to give them a chance to remain one-time offenders by reducing recidivism — the tendency of a convicted criminal to commit more offenses once released from prison.
And in a nation like the United States, such restorative justice programs are needed: Statistics show that former inmates have a 76.6 percent rate of recidivism, meaning most of them end up back in prison within five years because offenders who have served their time often leave prison with deteriorated ability to function in society. The system can be especially hard on teenagers, because early mistakes can mark them for life and make pursuing goals and dreams much more difficult.
The Teen Court of Santa Fe County program allows first-time offenders a second chance, because by participating in the Teen Court process, their mistakes do not become part of a criminal record. Those accused must admit to their offense, and the sentence is decided by the teen jury through a unanimous vote. For example, someone who was in a traffic accident because of careless driving might have to complete a defensive driving course, perform community service hours and write an apology letter to their parents. Some may end up serving as jurors in Teen Court as part of their sentence so they can better understand the process.
The number of community service hours can vary based on the offense, said Santa Fe High School student Micah Sulich, a teen attorney for the program. “The most I’ve ever seen was 150 hours of community service, but the minimum is 20,” he said. The community service is not meant to feel like punishment, but rather a way to make up for misdeeds. The court also can recommend offenders for counseling.
While being tried for misdemeanors such as shoplifting or minor possession, defendants are not alone: Teen lawyers stand by their side, arguing their case and asking the judge and jury to issue a fair sentence. The teen lawyers are volunteers who are interested in law or simply want to help people. Having a peer who is understanding and on their side in proceedings can help defendants who may otherwise feel vulnerable and alone. The teen lawyers support the overarching theme of Teen Court of encouraging teen offenders toward positive behavior.
Teen Court uses the idea of positive peer pressure to modify behavior in a way meant to help the defendants. Pressure from peers to act a certain way to fit into a group is often what causes teens to get into trouble. The desire to conform can lead to individuals making a mistake they know is wrong or wouldn’t have made on their own. Jennifer Romero, program manager of Teen Court, said she has seen the system work, citing improvements she has witnessed in the attitudes and mindsets of many of the teens who come through the program. Having to acknowledge mistakes and work to correct them while also receiving a second chance allows offenders the opportunity to make amends and get on with their life without the lasting effects of a criminal record, she said.
“It’s important that youth get the perspective of their peers,” she said. “A lot of times they see that it’s actually not cool or not OK for them to engage in the behavior that brought them to court. Receiving that information from their peers can have a huge impact.”
“It’s important to give kids a second chance,” she said.
Gabe Motsinger is a senior at The MASTERS Program in Santa Fe. Contact him at gabe. motsinger@gmail.com.