While several counties have diversion programs for juveniles who are charged with crimes, Broward's Teen Court program is probably one of the best and most successful diversion program.
Teen Court is a diversion program designed to offer an alternative to formal juvenile court proceedings. At Teen Court’s sentencing phase trials, trained high school student volunteers using a Peer Jury format, roughly modeled after the process used by a grand jury, perform the courtroom roles of clerk, bailiff, juror and advocate.
Teen Court defendants are misdemeanor offenders generally aged 11-17, who voluntarily agree to participate. These cases are referred by the State Attorney’s Office and law enforcement agencies. Parental participation is mandatory for Teen Court defendants in that the parent(s) must attend an initial interview and the court hearing. Teen Court mainly handles charges such as retail theft, petit theft, possession of alcohol by a person under age 21,
possession of marijuana or drug paraphernalia,
criminal mischief, battery, trespassing and other charges.
Central to Teen Court’s philosophy is accepting personal responsibility for one’s actions. The defendant comes before the Teen Court Program for sentencing, having already admitted wrong doing. In following with this essential component of the program format, defendants will be appropriately sanctioned.
On the evening of the hearing, the teen volunteers and former defendants sitting on the jury have a chance to review information about the defendant and his/her crime, before the proceedings begin. In the courtroom, an adult facilitator or judge presides over the session. The jurors and the judge ask the defendant questions that are relevant to the defendant’s crime, school and family circumstances. Once the jurors believe they have sufficiently questioned the defendant, they go to the deliberation room and prepare a brief statement regarding their views on the defendant’s actions and their decision as to the most appropriate sanctions for this particular defendant.
The Teen Court jury will sanction community service, mandated attendance in a self-improvement community program, Teen Court jury duty, restitution, counseling, drug treatment, letters of apology, writing essays, etc. After the hearing, the defendant signs a contract agreeing to successfully complete the sanctions imposed. The case is tracked by a Teen Court Case Manager and when the sanctions are completed, the case is closed as successful. If the defendant fails to successfully complete the sanctions, the case is referred back to the State Attorney’s Office for a decision regarding prosecution.
Upon successful completion of Teen Court, a child can apply for a juvenile diversion expungement, which will result in the charge coming off of the child's criminal record.
Eric Matheny is a criminal defense attorney serving Miami-Dade and Broward. If your child has been arrested and you are interested in Teen Court or any other diversion program, call to discuss your child's case.