Teen Court Judges Manual

T e e n C o ur t J u dg e s M a n u a l

Hi l l s b o r o u g h C o u n t y , F l o r i d a Updated 9/08

T a b l e o f Co n te n ts I.

Introduction

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A. Overview of Teen Court B. Teen Court Eligibility C. 4 Types of Proceedings D. The Benefits of Teen Court E. Role of the Teen Court Judge

II.

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Teen Court Judge’s Script A. Grand Jury Proceedings B. Trial Proceedings

III.

IV.

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Unique Situations A. Withdrawals from Teen Court mid-hearing B. Uncertainty About Withdrawing C. Documentary Evidence D. Evidentiary Objections E. Witnesses F. Procedural questions from Student attorneys G. Sentencing H. Critical facts not brought out during questioning I. Critique of volunteers’ performance J. Other concerns

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Conclusion

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I.

I ntr o duc ti o n

Our purpose in providing a Judges manual is twofold. The first, is to provide guidance and assistance to the fabulous attorneys who volunteer to serve as judges in Hillsborough County’s Teen Court program! Second, but equally important, this manual is designed to achieve consistency on the part of our Teen Court judges (“TCJ”) and throughout the program.

The manual begins with an overview of the Teen Court program, including the requirements for eligibility, the format of the proceedings, and the benefits of participating in Teen Court. Following this explanation are outlines/scripts for grand jury proceedings and attorney trials which you can use during these proceedings. Finally, this manual contains guidance on handling special situations which may arise during a Teen Court hearing which are outside of the scope of the normal scripts and procedures.

Be aware that participation in Teen Court is contingent upon adherence to the rules of confidentiality. As a TCJ, you have access to various case files and other records. These may never be copied or in any way removed from the court. Our judges, students, volunteers, staff, all work together as a team to maintain the integrity of Hillsborough County’s Teen Court.

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A.

Overview of Teen Court

Teen Court brings a juvenile offender into a court environment comprised of peers from local schools who are volunteers, and sanctioned defendants serving jury duty. Teen volunteers may assume the roles of defense/prosecuting attorneys, bailiffs, court clerks, and jurors. The only adults involved in Teen Court are the judge, Teen Court staff member(s), volunteers, and interested school personnel. Any enrolled student between 12 and 18 is eligible to serve in Teen Court. Previous Teen Court defendants are encouraged to return as volunteers. Juveniles who have an arrest record are welcome to participate once their programs are successfully completed. Teen Court has existed in Hillsborough County since March of 1990, with Chief Judge Dennis Alvarez as its main proponent. Ours was the second program established in Florida; Sarasota began shortly before us. Each year adult and student volunteers donate innumerable hours in Teen Court. We appreciate the hours donated as pro bono work and thank the many TC judges who volunteer hours far beyond that obligation.

B.

Teen Court Eligibility

Juveniles between the ages of 13 and 18, who admit responsibility to misdemeanor and third degree felony charges are eligible for participation in the Teen Court program. Most are first time offenders but cases are considered on an individual basis. Participation is voluntary, and families can withdraw from Teen Court at any point in the process and subsequently be referred back to the Office of the State Attorney. Teen offenders are eligible to participate in Teen Court once only. The defendant must have a parent/guardian(s) present at all proceedings.

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C.

Four Types of Teen Court Proceedings

All criminal cases are referred to the Juvenile Diversion Programs by the State Attorney’s Office. Priority is given to school related offenses but all kinds of charges are acceptable with the exception of domestic violence or other emotionally charged family related situations. Each defendant is interviewed by Teen Court staff prior to the hearing to determine if they do in fact accept responsibility for the offense ( a requirement), and to assess if they and their parent/guardian will do well in the Teen Court setting, or if the circumstances require a more private hearing. There are four forms of Teen Court hearings. Two of these involve your contribution as a TCJ. ( 1.Grand Jury and 2.Trial formats) In all cases, our student volunteers, including those serving jury duty) are instructed as to confidentiality and demeanor. We strive to provide the best, fairest hearing for each case that we possibly can. In the event a volunteer knows a defendant, they are instructed to inform an adult in the court room and they are assigned to another hearing. Two Teen Court staff attorneys are responsible for training and mentoring our student attorneys. They are Lily McCarty of the Public Defender’s Office and Troy Lovell of the Florida Bar. They oversee trial formats each Tuesday evening. Student attorneys may work individually, as part of a team, or “shadow” one another as part of their training. Grand jury formats are also effective- in both settings the tone set by the Teen Court Judge is very important. We ask that you treat each participant with respect, show interest in each defendant and their family members, and acknowledge the contribution of all the student volunteers. Our strongest Teen Court Judges make no distinction between student volunteers earning hours for scholarships and those present as part of their Teen Court sanctions. It is our hope they will all feel a part of the process and want to continue coming to the program.

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A third format is “Peer Court”. A group of three or four student volunteers meet with the case participants and together formulate a contract that begins to resolve the damage the offense has caused. A Teen Court staff member is present to offer guidance, but the hearing is facilitated by the teen panel. This format is preferred if the case has some sensitive issues or if the victim will be in attendance. The dialogue that can occur in the smaller setting is very effective in many cases. The last format is - 4. Truancy Diversion. In this division of Teen Court the Hillsborough County School District has referred middle and high school students and their parent/guardian. These students have developed a pattern of non attendance which hasn’t responded to school interventions and the mandatory requirements that the district must comply with according to Florida Statutes. It is our hope that once the student and parent find themselves in a courtroom, on the stand, answering questions from the Teen Court jury and judge, they will comprehend how serious Hillsborough County is about enforcing mandatory school attendance. Failure to follow the agreement contract that the jury decides on will result in a petition being filed by the School Superintendent in Truancy Court with Judge Baumann, a CINS/FINS petition, referral to Dependency Court, or prosecution of the parent/guardian. This division began in April of 2006. Presently, the Truancy Diversion Judges are all employees of the Office of the Public Defender under the guidance of Ms. Theda James.

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D.

The Benefits of Teen Court • increases the degree to which juvenile offenders are held accountable for their behavior because it reinforces the importance of the victims, community, and family members affected by the offense (restorative in theory and practice) • it is based on the premise that “peer pressure” can be a positive thing • the only setting providing a jury in juvenile cases • Fellow teens convey both disapproval of the offending behavior and positive expectations for the defendant’s future behavior in a way an adult probably can’t. • Provides an educational/mentoring opportunity to middle and high school student volunteers, as they earn service hours or extra class credit, participate in actual cases, become familiar with the court system, learn about career opportunities ,and interact with youth from all across Hillsborough County • Involves the youth and the adult community in delinquency prevention • Provides a meaningful alternative in school and status offense related cases • diverts 300 cases from traditional juvenile court each year • Offers eligible youth the opportunity to responsibly address their mistakes and once they successfully complete Teen Court, they may apply for expunction of their diversion record through the Florida Department of Law Enforcement

E.

Role of the Teen Court Judge 7

In many ways, the role of the TCJ is that of facilitator. The TCJ is responsible for generally seeing that a complete record of all relevant evidence is developed for the jury’s consideration. The summary prepared by the staff with information from the defendant, victim, their families, school information, and any other relevant sources must be read by the Teen Court Judge for all participants to hear. The summary has been shortened, and only information of note will be added to the form. In a trial format, the TCJ cannot accept motions to suppress the Teen Court summaries. We are here to represent everyone in the community and provide all stakeholders the best possible hearing. This can’t be done by excluding information from the victim or “negative” information given to our program regarding the defendant. The summary must be shared with the court across all four formats. The TCJ is responsible for insuring the fairness and smooth flow of the proceedings, ruling on any objections during trials and protecting the rights of all participants. The TCJ should show in demeanor and spoken word that they respect everyone who enters the courtroom and expects everyone to be on their best behavior. The TCJ must remain in control over the courtroom. Laughter or other inappropriate conduct by the teen participants which creates the appearance of bias, prejudice or even a lack of seriousness about the events transpiring in the courtroom should be dealt with swiftly and effectively since such conduct undermines the integrity of the entire program. This can be difficult at times, especially when the jury exits the courtroom to deliberate leaving the defendant and family behind. Any volunteers, bailiffs, staff or others remaining in the courtroom must be mindful of the family’s presence and maintain decorum. Since staff assists with the jury deliberation, it falls to the TCJ to make sure the conversations taking place among the student attorneys are appropriate and that all participants are as comfortable as possible. If any participant (defendant/volunteer/parent) continues to misbehave after a warning, this should be reported to the bailiff and Teen Court Staff, who will excuse the individual from court for the evening, and consider whether they should be banned from future participation in the Teen Court program.

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II.

T een C o ur t Judg e’ s S c r i p t

A.

Grand Jury Proceedings

Grand jury proceedings are also used in Teen Court. In grand jury proceedings, the TCJ provides the grand jury with the information about the offense. Members of the grand jury are then allowed to question the defendant. The TCJ is responsible for making necessary objections and for insuring that the record is completely developed on the issues of aggravating and mitigating factors. The TCJ insures participation in the questioning by each juror. Please assume that the jury will participate voluntarily. Do not begin with a statement such as “Everyone must ask at least one question”, or directing the jury to ask questions one after the other down the rows of chairs. Doing so detracts from the quality of the hearing and focuses attention on the jury rather than on the defendant and the facts at hand. At the end of the questioning, the defendant is allowed to make a statement on his or her behalf. The grand jury is then provided with jury instructions and deliberates on the appropriate sentence. A suggested script follows. *The bailiff will call the Court to order and announce your name. Take your seat on the bench, and make a brief introductory remark. Suggested language: Good evening, ladies and gentlemen. Welcome to Teen Court. Tonight we will conduct this hearing using the grand jury format.

*Next, swear in the jury:

Suggested language: At this time, I would ask that the jury stand to be sworn. “Do you solemnly swear (or affirm) that you will well and truly try the issues 9

between the State of Florida and the defendant and render a true sentence according to the law and evidence, so help you God?” [Wait for affirmative response] Please be seated. *After the grand jury is sworn in, call the case style and case number. Ask if the defendant is present in the courtroom. Suggested language: We are here tonight to hear the case of [defendants name], case number_________. Will the defendant please take his seat? *Call the defendant to the witness stand to be sworn in. Following the oath, direct the defendant to state his/her name and age for the Court. Suggested language: Will the defendant please rise and come forward to the witness chair. Raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth so help you God? Will you please be seated and state your full name and age for the Court. *Identify and briefly explain the nature of the charge to the grand jury. (This can be found in the Teen Court summary) Suggested language: Members of the grand jury, the defendant is here today because (explain the charge) *Read to the grand jury from the summary which includes the police version of the offense, the defendant’s and victim’s statement and background information gathered by the teen court staff.

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Suggested language: I will now read to you the circumstances of the offense as reported by law enforcement, and information from the defendant, his family, and the victim prepared by the Teen Court staff. (Read)

*Allow the grand jury to begin questioning the defendant. Make objections when necessary- in cases where the question asked is irrelevant, redundant or asked in a disrespectful way. When the grand jury has completed their questioning, you may ask any additional questions necessary to obtain a total understanding of the offense or other important factors. *Allow the defendant to make a statement on his/her own behalf, if he/she so desires. Suggested language: _________________, I will now allow you to speak in your own defense if you feel that there is anything else this Court or the grand jury must know before the grand jury deliberates over your sentence. *At this point, instruct the grand jury in a fashion similar to that set forth below. You will give the bailiff the grand jury sentencing form for the foreperson to fill out and pronounce when the jury returns to the courtroom. Call a recess during deliberation.

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Suggested language: At this time, I will give the bailiff the sentencing form. I would also state to you, members of the grand jury, that you are charged with an important and solemn duty. You are charged with evaluating all the evidence you have heard here today and, upon consideration of that evidence, reaching a fair and just sentence. Guilt is not an issue in this case. Rather, the defendant has admitted that he/she committed the act in question. Therefore, your only duty is to consider those factors discussed here today which weigh either in favor of or against particular sanctions in this case. In reaching your decision, you must consider all the evidence presented here today by the defendants testimony. Your decision must be unanimous.

Once in the jury room, you will select from among you one individual to act as the grand jury foreperson. The foreperson will be responsible for completing the sentencing form and will announce the verdict to the Courtroom when deliberation is over. At this time, the bailiff will take you to the deliberation room where you will decide upon the appropriate sentence. [After the grand jury leaves] This Court stands in recess. No one should leave the courtroom. Upon hearing the signal that the grand jury has completed its deliberations, please return to your seat. *When the grand jury reaches a verdict, they will press the buzzer. If everyone has not returned to their seats, call the Court to order. The bailiff will bring the jury back to the courtroom. *Ask the grand jury if they have reached a verdict. Ask the foreperson to hand the bailiff the sentencing form, who will in turn hand the form to you to review in silence. Give the form back to the foreperson and allow the foreperson to read the sentence. Suggested language: 12

Members of the grand jury, have you reached a verdict? Will the foreperson please hand the verdict to the bailiff? [After you have silently read the verdict, initial it, and return it to the foreperson] Will the defendant please rise and face the grand jury? Will the foreperson please read the verdict. *At this time offer the defendant the opportunity to make a statement to those present in the courtroom. Do not require them to make an apology. Suggested language: Is there any statement you would like to make at this time? *At this point, question the defendant regarding the verdict. Suggested language: Do you understand the verdict? [Wait for a response. If no, explain the verdict] At this time you are remanded to the Teen Court Staff who will answer any questions you may have, explain your sanctions, and supervise completion of your contract. Good luck!

*Thank the grand jury for faithfully discharging their duties.

Suggested language: Members of the grand jury, at this time, I would like to thank you for your participation. [If it is the last proceeding for the evening] At this time, you are excused for the evening.

B.

Trial Proceedings

*Upon entering the courtroom prior to the start of proceedings, locate your 13

bailiff and give him/her your name. *The bailiff (volunteer student bailiff if one is assigned to your courtroom, or an actual Hillsborough County Sheriff’s Deputy) will first call the Court to order and announce your name. Take a seat at the bench, and make a brief introductory remark. Suggested language: Good evening, ladies and gentlemen. *Ask the jury to stand and swear in the jury. Suggested language: At this time I will ask the jury to stand and be sworn. Do you solemnly swear (or affirm) that you will well and truly try the issues between the State of Florida and the defendant and render a true sentence according to the law and evidence, so help you God? [Wait for affirmative response] You may be seated. * The first case is called. TCJ then calls the case style and case number. *After the case has been called, briefly explain the nature of the charge to the jury. Read over the comments to the right of each section of the summary.

Suggested language: Members of the jury, the defendant is here today because.. [Give account of the details provided – look over the summary carefully and read the noted parts out loud] ORDER OF TRIAL

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Opening Statements State Defense

State Case Police Report Victim Statement/Info (if any)

Defense Case Defense Direct Exam of Defendant State Cross Exam of Defendant Defense Redirect State Re-Cross (Allow Defendant to return to counsel table)

Closing Arguments State Defense

Notes: Objections should be standard evidentiary objections and should be ruled on as such. As judge you may ask questions to make sure no facts are overlooked, but we encourage you to intervene only when necessary.

*Opening statements are next. The prosecutor gives an opening statement, then the defense attorney. Direct the prosecutor to proceed first. 15

Suggested language: Does the State wish to give an opening statement? Mr/Ms. prosecutor, you may proceed. [Following the prosecutions opening statement]. Does the defense wish to give an opening statement? You may proceed. *After opening statements, ask the defendant to step forward and stand next to the witness chair to be sworn by you. Following the oath, direct the defendant to state his/her name and age for the Court. Suggested language: Will the defendant please rise and come forward to the witness chair. Raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth, so help you God? [After an affirmative response] Will you please be seated and state your full name and age for the Court.

*At this point, each side will have an opportunity to conduct a direct examination of the defendant. Direct questioning will begin by the prosecuting attorney. Once concluded, the prosecutor should in some way indicate that he/she is through with the defendant. If he/she fails to do so, ask the prosecutor if he/she is through with the defendant.

*The defense now has an opportunity to conduct its own direct examination on factors which may result in mitigation during sentencing. When finished with their questioning, the defense attorney should in some way indicate that he/she is concluding their direct. If he/she fails to do so, ask the defense attorney if he/she is finished with the defendant. *Each side will be allowed a brief cross-examination, again with the prosecution proceeding first. 16

Suggested language: Each side will now be allowed an opportunity to conduct cross examination of the defendant. Prosecution, you may proceed. Once the prosecution has finished, direct your attention to the defense. Defense, you may proceed.

*Once questioning is concluded, direct the defendant to return to his/her seat. *Following cross-examination, permit the prosecutor to make a closing statement to the jury.

*Next, permit the defense counsel to make a closing statement to the jury. * Direct the clerk to give the bailiff the sentencing form for the jury to fill out. This form is located in the defendant’s file in your possession. If no clerk is present, please hand the form to the bailiff. The TCJ now instructs the bailiff to take the jury to the deliberation room where they will prepare a contract. The TCJ calls a recess during the deliberations.

Suggested language: At this time, I would ask that the clerk give the bailiff the sentencing form. I would also state to you, members of the jury, that you are charged with an important and solemn duty. You are charged with evaluating all of the evidence you have heard here today and reaching a fair and just sentence. Guilt is not an issue in this case. Rather, the defendant has admitted that he/she has committed the act in question. Therefore, your only duty is to consider those factors discussed here today which weigh either in favor of or against the sanctions you will consider. In reaching your decision, you must consider all the evidence 17

presented here today. Bear in mind that the arguments of the attorneys given in opening and closing statements are not evidence, but merely arguments. You should base your decision on the evidence which was revealed through the testimony of the defendant. Your decision must be unanimous. Once in the jury room, you will pick from among you one individual to act as the jury foreperson. The jury foreperson is responsible for writing out the sentencing form, and, after deliberation is concluded, will announce the verdict to the courtroom. At this time, the bailiff will take you to the deliberation room where you will decide upon the appropriate sentence.

[After the jury leaves] This court stands in recess during the jury’s deliberations. You may move about the courtroom and speak quietly among yourselves, but no one should leave the courtroom. Upon hearing the signal that the jury has completed its deliberations, please return to your seat at once.

*A Teen Court staff member or volunteer will accompany the jury to deliberate in the event that any questions arise. When the jury reaches their verdict, they will notify the bailiff by pressing the buzzer. If everyone has not returned to their seats, call the Court to order and direct them to do so. The bailiff will bring the jury from the deliberation room. The jury will reenter the courtroom and be seated. Ask the jury if they have reached a verdict. Then ask the foreperson to hand the sentencing form to the bailiff. The bailiff will hand the sentencing form from the foreperson to you for review. Read the verdict silently, initial it, and then hand the sentencing form back to the bailiff, who will give it back to the foreperson. The foreperson should be instructed to read the verdict in a clear, distinct voice to the courtroom. After the verdict is read, question the defendant regarding the verdict. Suggested language: 18

Members of the jury, have you reached a verdict? Will the foreperson please hand the verdict to the bailiff. [After you have silently read the verdict, and returned it to the foreperson] Will the defendant rise and face the jury. Will the jury foreperson read the verdict? *At this time offer the defendant the opportunity to make a statement to those present in the courtroom. It is not mandatory that they do so. Do not require that they apologize.

Suggested language: Is there any statement you would like to make at this time? *At this point, question the defendant regarding the verdict. Suggested language: Do you understand the verdict? [Wait for response. If the answer is “no”, explain the verdict.] At this time, you are remanded to the Teen Court Staff, who will answer any questions you may have, explain your sanctions and supervise completion of your contract. Good luck!

*At this point, thank the jury for faithfully discharging their duties. Suggested language: Members of the jury, at this time I would like to thank you for faithfully executing your duties in a fair and impartial fashion. [If this is the last trial of the night, please add the following] At this time, you are dismissed for the evening.

I I I . U ni que S i tua ti o ns

Below are some examples of special situations which occasionally arise. 19

A.

Defendant or Parent withdraws from participation in Teen Court during the trial. Participation in Teen Court is voluntary. In order to participate, the defendant must admit that he/she has committed the act in question. Thereafter, the only issue is the appropriate sentence for the act committed. At any point during the proceedings or even following sentencing, the defendant or his/her parent/guardian(s) have the right to withdraw from participation in the Teen Court program. Withdrawal from participation may occur in a subtle form. For example, rather than standing before the Court and directly addressing the judge on his/her intent to withdraw from participation, the defendant may merely deny in his/her testimony that he/she committed the act in question. In the event a situation occurs in which the defendant or his/her parent/guardian(s) indicate in some fashion a desire not to continue participation in the Teen Court program, you should interrupt the proceedings to question the defendant and his/her parent/guardian(s) as to this point. If the defendant or his/her parent/guardian(s) indicates that they do not wish to continue participation in the Teen Court program, call a recess and direct the bailiff to take the jury into the jury room. In doing so, instruct the jury as follows:

Suggested language: Members of the jury, at this time, I am asking the bailiff to take you to the jury room for a brief recess while the Court determines whether to continue with this proceeding. Your removal from this 20

Court is in no way to be considered negatively. Rather, it is merely to protect your impartiality as jurors while I confer with the defendant, his/her parent/guardian(s), and the attorneys to this case. Thank you for your patience. After the jury has been led from the courtroom, provide the following information to the defendant and his/her parent/guardian(s).

Suggested language: Based upon your actions in this courtroom, it appears to this Court that you have shown an intent to withdraw from participating in the Teen Court program. In order to assist you in making an informed decision I wish to provide you with the following information. First, Teen Court is a one time opportunity and you will not receive another chance to participate in the program. Rather, your case will be referred back to the Office of the State Attorney and will proceed in accordance with the regular court system. The admission to committing the offense that you made in order to participate with Teen Court proceedings will not be admissible against you in your regular court proceedings. If you so desire, Teen Court staff is available to discuss this matter with you in private at this time. Do you have any questions? [Once any questions have been answered] At this time, is it your desire to discuss your concerns with staff or do you wish to withdraw from participation with the Teen Court program?

*Withdraws from participation: Direct the bailiff to call back the jury. Once they have returned, indicate to the jury that the defendant has withdrawn from 21

participating in the Teen Court program and that the jury’s services on this particular case are no longer needed. Thank the jury for their participation.

Suggested language: Members of the jury, the defendant has decided to withdraw from the Teen Court program. This is allowed since Teen Court is a voluntary program. This being the case, your services are no longer needed. Thank you. If the answer is “no”, the defendant wishes to continue participating, direct the defendant to return to his/her seat and instruct the bailiff to return the jury. Instruct the jury in the fashion described below. Suggested language: After a brief discussion, the defendant desires to continue participating in the Teen Court program. I thank you for your patience in making sure that this was the case since Teen Court is a voluntary program. As before, the only issue in this case is the appropriateness of the sentence, since the defendant has admitted that he/she has committed the act in question.

B.

Uncertainty about withdrawing from Teen Court. In the event that only one party (such as: the defendant or one of the parent/guardian(s)) wishes to withdraw from participating and the other does not, treat the matter as a motion for stay of proceedings.

Respond with the following: Suggested language: There appears to be a conflict at this time as to whether the defendant should continue participation in the Teen Court program. 22

At this time, I am entering a stay of these proceedings until such time as this matter can be resolved by the Teen Court staff. Members of the jury, I thank you for your patience. Your duties here are discharged.

C.

Documentary Evidence Generally, no documentary evidence of any type is allowed in a Teen Court trial, with one exception. That exception is when the attorney seeks to use prior statements of the defendant as included on the summary sheet to either impeach the defendant or to refresh recollection. This has generally been allowed by TCJ’s. In the event that either party seeks to admit documentary evidence other than as previously described, call both attorneys forward for a bench conference out of the hearing of the jury. Explain to the parties that such documentary evidence is not allowed and direct whatever attorney which sought to admit the document to withdraw the document and refrain from such behavior in the future. Direct the attorneys to step back and explain to the jury that the documentary evidence offered is not allowed.

D.

Evidentiary Objections 23

Teen Court volunteers have varying degrees of experience in making objections. Following are some you may be presented with:

*Ambiguous and/or unintelligible *Asked and answered *Argumentative *Assumes facts not in evidence *Compound question *Calls for speculation *Irrelevant *Leading *Beyond the scope of direct examination -

In the event of any objection, stop the proceedings and if appropriate, ask the attorney making the objection to explain his/her basis. (In some instances, such as phrasing of a question (such as: leading) no explanation is usually needed). If explanation is needed, be patient. This is very new to the participants and they may be extremely nervous. Once the attorney has stated their basis for the objection, ask for a response from the other side. Then make a ruling. Include in your ruling any explanatory statements which you feel are necessary, but try to make any explanations brief and to keep the flow of the proceedings going as much as possible. You do not want the jury to dwell on the objection or the attorneys instead of the issues at hand. Unnecessary objections can appear to be grandstanding and detract from the purpose of Teen Courtthe accountability of the defendant.

E.

Other Witnesses 24

Like documentary evidence, no other witnesses are allowed at the proceeding. Only the defendant is allowed to testify on his/her behalf. Attempts to introduce other witnesses should be disallowed in the same fashion as described when dealing with documentary evidence. The Teen Court staff contacts victims for information about their losses and for their input regarding sanctions. They are invited to attend the actual Teen Court hearing. They may make a statement to the court after the Teen Court summary is presented by the TCJ. We do not allow questioning of the victim by student attorneys or grand juries.

F.

Procedural questions by Teen Court attorneys

Even with the attorney mentors present at all trials, during the proceedings one or both of the attorneys may have question(s) about what they may or may not ask the defendant or say to the jury. If such a situation occurs, call the attorneys up to the bench for a conference (out of hearing of the jury) and try to resolve the problem.

G.

Sentencing

The jury is in possession of the sentencing guidelines and has complete discretion as to the appropriateness of the sentence within the bounds of this program. Teen Court staff/volunteers will provide guidance if needed in deliberation, and the staff reviews the contract with the defendant after the hearing. The attorneys are aware of the possible sanctions and often include a sentencing recommendation in their opening or closing statements. Should an attorney request a sentence not allowable in some way, please correct it during the jury instructions. And, in the event an important aspect has been overlooked in the sentence, please advise Teen Court staff of your opinion and the contract can be modified outside the courtroom setting.

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H.

Critical facts not brought out during questioning:

On occasion, you may feel, based on your review of the summary, that certain salient facts have not been brought out during the questioning of the attorneys. If this is the case, call both of the attorneys up to the bench for a conference out of the hearing of the jury before closing statements. Indicate to the attorneys the facts that you feel have been overlooked and direct the parties to question the defendant about those facts. The prosecutor should proceed first. Similarly, in a grand jury format, an important role of the Teen Court Judge is to insure that information key to the creation of an effective contract with the defendant is brought out. Don’t hesitate to bring up those questions yourself if they are not addressed by the end of the grand jury’s questioning. Most often your interest will generate additional questions.

I.

Critique of volunteers’ performance

Time permitting, and if you feel inclined, you may wish to critique the performances of the various volunteers. This is perfectly acceptable, but be sure you do not begin your comments until the defendant has left the room! Try to offer constructive criticism and be sure to praise the good points as well. Remember, this is very new to some of these teens and they were probably very nervous. Both the students and their schools appreciate the time and investment you make in these youths by contributing positively to their impression of the legal profession in general and sharing your knowledge of that profession.

J.

Other Concerns

If any other concerns arise, feel free to call a recess and confer with the Teen Court staff, particularly with Troy and Lily if you are presiding over a trial. Together we’ll resolve the issue. 26

IV. Conclusion Being a Teen Court judge can be a rewarding experience. This court is designed to positively influence teen defendants and volunteers who will benefit from your experience, expertise and patience. We would love to hear from you. Please direct any suggestions/concerns to Lora Karas, (813) 272-6177. My email is: [email protected]. We rely on you. Thanks for all you do!

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