Courts & the Law
Who is eligible for Teen Court?
1st time misdemeanor offenders (non-violent) who are not involved in gangs and are considered to be low/medium risk.
What is restorative justice? (not asking about 3 elements)
Restorative justice focuses on repairing the harm done to victims incurred by a crime and rebuilding relationships.
Who is a victim? Give examples.
Anyone who is negatively affected by someones actions including someone who is affected by a crime or trauma.
Defendant/Respondent
The person/store who was harmed
The parents of the defendant/respondent
The town
The police officer(s)
etc.
What is a Peer Panel and what is a Trial?
Peer Panel is a sentencing hearing where a panel of teen volunteers questions the respondent and their parent about the incident before deliberating on an appropriate sentence.
Trial is a sentencing hearing where a respondent has the opportunity to have a youth defense attorney represent them in court. There is also a prosecuting attorney who represents The Town of Castle Rock and tries to convince the jury why the respondent should receive a higher disposition than what the defense is asking.
What does a productive deliberation need/look like?
Everyone must be willing to: listen, communicate, and compromise. Panelists must be respectful and contribute.
What types of cases does a Municipal Court see and what cases does a District/County Court see?
Municipal Court- Misdemeanors (lower level cases), NO felonies
District/County Court- Felony's (more severe cases) & some Misdemeanors
What are the 3 elements of Restorative Justice that Repair the Harm?
Accountability, Community Safety, and Competency Development.
What are the 4 Victim Impact Points?
Physical, Emotional, Psychological, Financial.
What is your role as a peer in Teen Court?
A peer is someone who likely has a similar age, background, or social status. Positive peer pressure is what Teen Court is all about! The Castle Rock Teen Court Motto, after all, is “Justice for teens, by teens”. The way you handle yourself before, during, and after a Peer Panel will be influential upon the respondent. As a panelist, you have great power and responsibility!
What are some required sanctions in Teen Court?
Work Crew
Community Service
Random Drug Testing (only for Substance Abuse cases)
What branch of government is the Municipal and Teen Court under?
Judicial Branch
What is Title 9?
The criminal code for the Town of Castle Rock that is within the Castle Rock Municipal Code.
What is something that victims typically appreciate MORE than anything when it comes to repair of harm done to them?
Emotional reconciliation/ emotional repair. "The evidence suggests that victims see emotional reconciliation to be FAR MORE important than material or financial reparation".
What are some active listening skills that can be used in a Peer Panel?
What elements of Restorative Justice do the following requirements fulfill and please explain:
Work Crew
Jury Duty
Apology Letter
Random Drug Testing
Work Crew- Community Safety
Jury Duty - Competency Development, Community Safety
Apology Letter- Accountability, Community Safety
Random Drug Testing- Accountability
What is an intake meeting?
What is Social Labeling Theory?
When you label an individual, the person begins to believe this label is indicative of who they are and what they will become.
Empathy is when similar feelings are experienced when the emotions of one person cause or bring about similar emotions in another.
Sympathy is the ability to understand and to be sensitive to another person’s emotions.
What are these types of questions:
Open Ended
Strength Based
Open Ended- encourages a full explanation for an answer rather than a pointed "yes or no" answer.
Strength Based- Rather than ask the respondent only what they did wrong, panelists should try to draw out what they did right, what they learned, and what they are able to do in the future. Focusing on strengths creates goal achievement and gives the respondent the necessary confidence in order to achieve their goals.
What is victim blaming?
Victim blaming means holding the victim partially or entirely responsible for the crime that was committed against them. Victim blaming often occurs when people believe that there’s something the victim could or should have done to prevent the perpetrator from acting out against them.
What is a deferred prosecution plea agreement?
The Town Attorney defers (or puts off) ever formally prosecuting the respondent for six months. This means that the respondent never pleads guilty on the record to the charges brought against them. As long as the respondent completes the requirements given to them by the court and does not receive a new charge during the six month period, the charges are dismissed.
Explain what Accountability, Skill Development, and Community Safety are and give examples of dispositions you could give to meet the requirements of each.
What is an aggravating, mitigating and no-factor? (examples please)
Aggravating
Example: The respondent smokes marijuana every day.
Mitigating
Example: The respondent has apologized to their parents, the store they stole from, and the officer before coming to Teen Court.
No-Factor
Example: The respondent lives in a rich neighborhood.
Please describe Motivational Interviewing and how it can be used in Teen Court. Include OARS.
“Motivational Interviewing (MI) is a directive, client- centered counselling style for eliciting behavior change by helping clients to explore and resolve ambivalence (having mixed feelings or contradictory ideas about something or someone)”.
Just like a probation officer, panelists have the ability to make a difference in how the respondent “speaks and thinks, and ultimately in how he or she chooses to behave. The way you build rapport, identify what they defendant wants/needs to change, ask questions, reflect what you hear the respondent say, and build their confidence in achieving their goals for change could be “life-changing” for the respondent.
OARS- Open ended questions, Affirmations, Reflections, and Summaries.
What are the elements of a crime?
If a police officer, court, or government entity cannot prove that an event involved specified legal elements, there cannot be a conviction in a court of law. If there is not a law forbidding an action, the action is legal. A person cannot be charged for a crime based on who they are, what they think, what they believe, how they speak, etc. Criminal intent is the state of mind or attitude behind an act. In order for an act to be a crime, there must be both intent and action.