Teen Court’s for real

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“All rise, the Island County Teen Court is now in session. The honorable Judge Michael Rasewark presiding.”

Rasewark, in an oversized judicial robe, enters the library and stands before the court as everyone is seated.

Teenager “Tony Smith” had plead guilty to truancy and vehicle prowl, for an attempt to vandalize a teacher’s car. His prosecutors, defense attorney, bailiffs, clerks and the jury are equally young students from Jim Crouch’s American Government class.

“Thank you for coming here today,” Rasewark said. “I would like to remind everyone that we are here in the interest of serving our community and achieving justice in our society. We are not here to determine guilt or innocence, but rather to decide the appropriate disposition for this respondent.”

A teenager himself, Rasewark instructed the clerk to swear in the jury at Thursday’s mock trial in the Oak Harbor High School Library.

While this case was only practice for students, with made up facts and names, each of their future trials will be real.

At 5 p.m. Tuesday evening, the teens convene in Island County Superior Court for an actual misdemeanor case, to sentence a student who was charged with driving without a valid license.

This practice of peers judging peers is called Teen Court, a new “Diversion Program” for youth with lesser criminal offenses, such as assault, trespass and theft. Defendants under the age of 18, who have plead guilty, can receive a sentence by their peers rather than face formal prosecution in Juvenile Court. The offense is kept off their criminal record.

Ericka Stange, the Juvenile Services coordinator, said research shows the program is largely effective. Washington is one of 45 states to create legislation allowing cases to be diverted to Teen Court.

“The studies look at the diversion contract, or what the jury ordered, and it shows a high rate of completion,” Stange said.

At Thursday’s mock trial, students took their roles seriously, preparing speeches for the defense and prosecution of Tony Smith, who was played by Ryan Evans.

Superior Court Judge Alan Hancock sat in on the first trial to assist students on how to handle the case.

“I think this is an excellent educational experience. Students have the opportunity to represent and prosecute —- it gives them a better understanding of the judicial system,” Hancock said.

The theory is that if peer pressure gets kids into trouble, it should be able to get kids out of trouble or set them straight, Teen Court backers say.

Smith’s defense included students Sarah Bravo and John Tuttle. Alternates were assigned if the students had an opinion of the defendant.

“It’s a little scary to defend our peers. We are in charge of what happens to them; this will be real,” Tuttle said, as the jury entered the “courtroom.”

The prosecution, Mia Flores and James Edens, proposed Smith write a letter of apology, complete 20 hours of community service, ten hours of counseling and a mentorship at Big Brothers Big Sisters.

The student’s scenario said Smith had been caught by school security with his arm inside his teacher’s car. When apprehended, Smith reported that he was angry at the instructor for a negative evaluation at a parent-teacher conference and he wanted to “get back” at the instructor.

In his closing argument, Tuttle argued, “Everyone has had a time when they felt they were treated unjustly, but they usually have a person to talk to. Tony didn’t have that. He felt his parents were being unfair. Because this if a first time offense, we recommend a letter of apology, removal from the class, and counseling.”

When the jury adjourned, they developed a contract for the defendant to sign. In their discussion, they mentioned directing community service at the teacher, such as grading papers.

“I don’t think he should have contact with the teacher. They’ve had a history of problems,” a juror said.

“But you’re supposed to make the judgement better for the victim,” another quipped.

“I think a letter of apology would work best.”

When jurors came back, they had decided on 15 hours of community service, five hours of counseling and a letter of apology.

Teacher Jim Crouch said he was excited to see his class participating in the judicial process. He expected the tone to change when they entered a formal courtroom at Island County Superior Court.

“When they walk in to a real court setting, I think it will click that this is real-life. They will walk into this with their eyes wide open,” he said.

This semester, the students will preside over four court cases and will rotate roles.

Stange said there are a variety of styles of Teen Court. Some courts are relegated to the high school, for school-only offenses. The Island County Teen Court is paired with juvenile systems outside of the school.

And their judgements are very weighted.

“If a student does not follow through with the diversion contract, they go to a real court session. They have lost their privilege to be judged by their peers,” Stange said.

Stange said she was impressed by the teens’ handling of Tuesday’s case and is confident in their judgements.

“It was great. I expected more delay and more giggling,” she said. “They take this very seriously.”