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Inner city youngsters face trial
by teens
Children as young as 14 will train to serve as judge
and jury in trials of their peers, under government plans to cut inner
city crime. The initiative, an attempt to encourage young people to
respect the judicial system, has the support of senior ministers but has
alarmed some legal experts. The Department of Constitutional Affairs
could introduce the radical scheme next year, when it pilots a
groundbreaking project in Liverpool that hopes to repeat the success of
initiatives in the US. Depending on the results of the two-year trial,
the government intends to roll the scheme out across Britain.
The Red Hook Justice Centre, in Brooklyn, New York,
runs a unique adult court system which unites civil, family and criminal
cases plus social service facilities under one roof. The scheme also
uses a 'teen' court to handle cases of 10 to 16-year-olds accused of
petty crimes such as anti-social behaviour, vandalism, drug-taking and
underage drinking. Greg Berman, Director of the Centre for Court
Innovation, which developed the Red Hook concept and is advising the
British government on introducing a similar centre in Liverpool, said
Britain had shown a 'tidal wave of interest' in the initiative. “We've
had visits from the Home Secretary, the Lord Chief Justice, the Attorney
General and several ministers,” Berman said.
Under the teen court scheme, which is being adopted by
New Zealand, Canada and Japan, teenagers aged 14 to 17 study a number of
disciplines including law and social sciences, to ensure they make fair
judgments and recommend appropriate sentencing.
Teenage jury members are selected from a variety of
backgrounds and include ex-offenders. The court can also appoint teenage
judges, prosecution and defence counsels. Sanctions at the court's
disposal include compelling offenders to perform community service,
write letters of apology to their victims and attend anger management
workshops. Its supporters believe using peer pressure is an effective
way of preventing teenagers reoffending.
“Let's be honest, courts are ranked below banks,
Congress and any other civic institution you can name when it comes to
trust. This scheme tries to bring justice back to the community. It
makes justice something people can touch and see,” Berman said.
Red Hook is one of scores of youth courts in operation
across the US. The first was opened in the 1980s but it was only under
the Clinton administration that the schemes became established in major
cities. Critics question the wisdom of making naturally rebellious
teenagers central to the sentencing process. Elizabeth Gaines, executive
director of US thinktank the Osborne Association, has raised fears that
Red Hook leaves children with the unhealthy impression 'that the justice
system is necessarily a part of their lives'. And one academic study
found the success of 'teen courts varies considerably across the United
States'. But Berman says more than 80 per cent of offenders complete
sentences handed down in youth courts, a significantly higher proportion
than under conventional sentencing.
“When we started there was this question about whether
teenagers would want to stand up in front of their peers — whether we
really could activate peer pressure — but the reaction has been
remarkably positive,” he said.
The government has already pledged to introduce Red
Hook's adult system in its Liverpool initiative. One judge will preside
over civil, family and criminal cases offering a one-stop judicial shop,
with links to social services, to tackle entrenched problems such as
drug abuse and domestic violence. Since Red Hook opened in 2000,
supporters say crime in the community has fallen. Last year was the
first in four decades without a murder in the neighbourhood. A home
office spokesman said a senior judge would oversee the Liverpool centre
in the autumn and confirmed the government was studying plans to
introduce peer courts to Britain.
“Peer courts are an option we are looking at, but it
will be up to the judge and local practitioners to decide whether this
is a suitable option for the Liverpool project,” he said.
Jamie Doward
22 August 2004
http://politics.guardian.co.uk/homeaffairs/story/0,11026,1288379,00.html
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