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KICJ Research Reports

Teen Courts Program in Korea 사진
Teen Courts Program in Korea
  • LanguageKorean
  • Authors Jisun Kim, Heaseok Park, Hyunsong Song
  • ISBN978-89-7366-297-5
  • Date December 01, 2014
  • Hit385

Abstract

The primary purpose of this study is to empirically analyze process and outcome the current Teen Courts program in Korea, which are specialized diversion program for the first-time, a minor offence, and young offenders in juvenile court proceedings.
Teen Courts offer these youth an alternative approach to the regular juvenile court process. A young offender can go through teen court and avoid what might have been the first strain on his or her legal record.

This study largely has three subjects: the first is to review basic concepts of teen courts program in the United States(eg. positive peer effect, reintegrative shaming, accountability, competency development, etc.), the current conditions of teen courts program, and the results of uation studies related to process and outcome of teen courts program.

The second is process uation of teen court programs in Korea. To facilitate a better understanding their process, this study examine : 1) the current use of teen courts program(number of courts, cases of referral and opening) and the profile of the juvenile participating in teen court, 2) the structural characteristics: human 宓 components(court staffs and adults and youth volunteer), primary procedures, privacy protection devices, and 3) the actual operational problems in training of peer juries, hearing, and deliberation stages are considered. Also, 4) how young offenders perceive the teen courts program and peer juries, whether they consider the procedures of teen court just, how they appraise the sentences from peer juries are analyzed.

Lastly, the outcome uation of teen court programs is appraised in two aspects: the one is a teen court program impact on young offenders, the other is on peer juries. To analyze the impact on young offenders, we measure positive peer effect, post-court changes in accountability, self-esteem, and legal consciousness and social bond(attachment, involvement, commitment, belief) of young offenders using survey and deep interview. And we also the follow-up study to examine the effect of teen courts program on recidivism of young offenders. And to analyze the impact on peer juries, we measure change of legal consciousness, self-esteem, attitude to delinquency and juvenile offenders using survey.

The findings of this study suggest that teen courts respresent a promising alternative for juvenile justice system. The teen courts program has effects on both the perception and attitude of young offenders and recidivism deterrence. According to the results of this research, most of the juvenile offenders completed the sentences, and 95.2% of the participants were given the decision of no-trial. The peer juries contributed to the juvenile offenders as positive cognition and role model, and showed the post-court changes in repentance of delinquency, accountability, legal consciousness, self-esteem. The juvenile offenders who completed the program reported improvement of attachment, commitment, involvement, belief which are the primary factors in social bonding theory. Also, the recidivism rate among juvenile offenders who participated in the teen court indicates 12.5% on an average in follow-up period(12 months), steadily decreases from early(21.4%, 2010 year) to recently(5.3%, 2013 year).

However, it must be noted that these efforts be conducted to enhance the effect of the current teen court program. First, it should be developed training programs and manual for adult volunteers who participate in the teen court program and escort the peer juries to deliberations. From present state that is composed of guidance teachers and attorneys, more various occupational pool and training programs need to be prepared.

Second, more time for peer juries to be pre-informed of the content of the delinquency and the characters of delinquent and be educated about the technical aspects like deliberation procedures and ways of selecting the sentences as well as attitudes about teen courts program should be taken.

Third, to gain the positive peer effect such as positive cognition and role model, age of the juvenile offenders should be considered in the proper young offender selection procedure of and the member of peer juries who are composed of honor students at present should be diversified. Also, it needs to be changed toward a juvenile-leading program to achieve the purpose of the teen court program: “Peer judges peer”.
Questioning directly to the juvenile offender during hearing and not too much intervention of bailiffs and clerks may be the solutions.

Fourth, in terms of that one-time participating in the teen courts program does not perform a role in reintegrative shaming, increasing the time to carry out the sentences of the activity of peer juries and giving the chance to restore the self-respect by completing the peer mediation training program before participating in the teen court.

Lastly, above all, the legal base for the teen court program should be prepared to expand the program sustainedly in order to make a unified system, and to secure the finances for the program. In the long term, current Juvenile Law needs to be revised, and in the short term the specific operational plan to be made as ‘Supreme Court rule’ based on the delegation provision of Article 13 of [Juvenile Law]. Institutionalizing the teen court program legally in form of the special provision in consideration of the family-based intervention program is suggested.
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