Lebanon youth face consequences from a jury of their peers
Before the fifteen-year-old boy came into the courtroom, the jury already knew he was guilty of violating curfew and being a minor in possession of tobacco. Their job was to determine sentencing. Their verdict - five hours of community service at the Lebanon Soup Kitchen, a written apology to his mother for making her spend time in court and two days of jury duty.
The Lebanon Peer Court gives juvenile offenders a chance to be held accountable by a jury of other teens. In return for admitting guilt, offenders avoid having to appear in regular Juvenile Court and the fines that go with it.
The Linn County Peer Court system started in 1998, with the first courts established in Sweet Home, Brownsville, Halsey, Mill City and Scio. Albany and Lebanon got Peer Courts in 1999.
Although avoiding regular court is one benefit, the purpose of peer court is to keep youths from getting into more trouble through early intervention. The courts deal with misdemeanor violations such as minor in possession of alcohol or tobacco, shoplifting, criminal trespass, misuse of 911 and simple assault.
“Peer Court is designed to use peer pressure to correct behavior," said Ron Jacobsen, Linn County juvenile probation officer and supervisor of the Lebanon Peer Court.
When an officer cites a minor, the case is referred to a probation officer. Lebanon cases are handled by Jacobsen and Jill Morgan. Offenders are given the choice between having their case tried in Circuit Court, or if they are a first time offender, admitting guilt and letting a Peer Court decide their sentence.
“It's a huge advantage for them to go through Peer Court. They understand it's a good opportunity, Jacobsen said. “Kids can avoid having MIP show up on their driving record, for which they can lose their license, and it can save them an extra $6,500 in increased insurance cost over three years by not having it on their record.
The Lebanon Peer Court is grand jury model. A judge, usually a local attorney but occasional a teen volunteer, presides over the hearing with four to eight jurors who range in age from 12 to 18 years old. A presenter reads the facts of the case and the jurors ask the offenders and their parents questions to determine an appropriate sentence. Back in the jury room, they will discuss what punishment will steer the youth back onto the straight and narrow.
Minor in possession of alcohol might result in the offender having to attend an alcohol impact panel where people who have had family members killed by drunk drivers describe the impact on their families. Sometimes a trauma nurse shows graphic slides of accident victims. If the jurors believe the offender has an addiction, they will assign him or her to complete an alcohol and drug assessment. Another possible punishment is having to observe Juvenile Court in Albany.
“I really like Juvenile Court observation," Jacobsen said. “They sit there, sometimes for four hours, watching kids brought in wearing belly chains with their hands cuffed to their sides."
Jurors cannot lockup offenders, but they do have broad latitude in meting out sentences.
“They've assigned juveniles to cop ride alongs, and community service is done a lot. Sometimes they might have them interview a business owner and write an essay about the effect crime has on business," Jacobsen said.
“In one case they assigned someone to take music lessons," said Melanie Loree, Peer Court assistant. “It's a healthy hobby to help him focus on something good."
After deciding on a consequence, the jurors fill out a dispositional contract specifying what actions the youth must take to complete his or her sentence. Offenders agree to complete the terms outlined in the contract, usually within six months. Failure to do so can lead to sanctions in circuit court. Sentences may vary depending on the nature of the crime, but all offenders must return to serve as a juror for at least one Peer Court session.
Nikki Newton, 16, says serving as juror and asking questions of defendants “makes me think about what I did."
“I'd say some of our past offenders have been our best jurors," Jacobsen said.
Although offenders make up some of the juror pool, the program relies heavily on teen volunteers. Currently, the Lebanon Peer Court has 34 volunteers, with 20 being very active in the program. Court assistant Loree started as a volunteer juror while attending Lebanon High School.
“I volunteered because it is a great way to help the community. It's also really good for developing public speaking skills, she said"
During the July 17 court session, LHS senior Frank McDaniel presided as judge. As judge, McDaniel approved dispositional contracts and questioned offenders when he felt the jurors were not asking enough questions. He said he felt more confident that he knew what he was doing the second time.
“They tell me I did a good job the first time, but I don't believe them," he said.
Among current jurors, McDaniel has served the longest - four years - starting when he was a freshman.
“I've learned a lot about what needs to get cleaned up. Drugs are very easy to get," he said. Alcohol is easily obtained by giving adults a few extra dollars to purchase it, McDaniel added.
Before becoming a juror, volunteers observe a court session and receive training. Additional training is done on a regular basis and includes tours of detention centers, an ask-a-cop session, and law training. After one training session, the director of admissions for Willamette Law University in Salem took an interest in one juror's desire to become an attorney and is now advising her on what classes to take to improve her chances of being accepted to law school, Loree said.
On July 17, jurors heard four cases of Lebanon youths who had run afoul of the law, one girl and three boys. One had been cited for minor in possession of tobacco and three for minor in possession of alcohol. All four were also cited for curfew violation.
“Breaking curfew gets kids busted for other offenses. It's like a big neon sign for trouble to the police," Jacobsen said.
Spencer, 15, opted for Peer Court rather than pay a $90 fine, saying he is trying to quit smoking.
“Hopefully going to Peer Court might have a different effect. Paying a fine is too easy and he won't learn anything," said his mother, Kim.
Jacobsen has been a parole officer for 20 years and says the nine-and-a-half years he has worked at the Lebanon Peer Court have been “good duty for a PO" compared to his previous work in Marion County.
“I've worked with hardcore offenders. Instead of beating them over the head with a big stick you're trying something else," he said. Ninety percent of the kids who come through Peer Court don't come back for criminal offenses. It brings them back into the fold."
For information on volunteering as a Peer Court juror, call Loree at 259-4366.
Posted in Local on Wednesday, August 1, 2007 12:00 am
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