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MEDIATION IN JUVENILE COURT.   Term Paper ID:28510 Click to get this paper

Essay Subject: Discusses mediation as a cost-effective, valuable tool in juvenile justice system. Its purpose, how it works, problems.... More...

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Paper Abstract: Discusses mediation as a cost-effective, valuable tool in juvenile justice system. Its purpose, how it works, problems. Paper Introduction: MEDIATION IN JUVENILE COURT This research paper discusses the use of mediation in dependency and other proceedings in juvenile courts and assesses its effectiveness. Mediation is used in dependency proceedings and in other cases involving status offenses, misdemeanors and occasionally more serious first time offenses, often in conjunction with victim-offender reconciliation efforts. In general, mediation has proved to be a cost-effective method of relieving juvenile court congestion and dealing with relatively minor juvenile offenses in a manner which optimizes familial, community, and victim involvement and at the same time serving the best interests of the juvenile offenders involved. Mediation is not, however, very effective in addressing the problem of hard core violent juvenile crime and its effectiveness is Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. According to Cottam (1996, June), "status offender cases arenotorious for distracting courts and court personnel from more serious andviolent juvenile offenses" while "adversarial judicial proceedings may havethe result of escalating rather than resolving the problem" (pp. Advocates of mediationshould not ignore the reality that a few hours of discussion are unlikelyto alter career criminal patterns. Parham. F. The task of a professional mediator is to explore byencouraging communication among all interested parties involved, the youth,the parents, a guardian ad litem, if one has been appointed, state childprotection social workers, and sometimes other medical professionals andcounsel, avenues for improving interaction within the family and theresulting behavior of the child. Two youths who robbed andvandalized 21 homes visited each of the 21 victims, apologized for thedamage they caused and agreed to make restitution. Even there Cottam said "mediation may helpfacilitate the cooperation of the parents in the child's treatment program"P. Mediation in Dependency Proceedings. Evolution of the dependency court.Juvenile and Family Court Journal, 5 , 17-33.----------------------- 9 Cottam, G. The rationale for VOMPs is that the offender needs to be heldpersonally accountable for his or her actions. (1998, Fall). . . VOMP's have three components: (1) a discussion of whatthe offender did and why; (2) how the offense affected the victim; and (3)how the offender might make amends. Chown andMarkham said "many thousands of juvenile cases are handled too informally,are diverted to a variety of programs, or are just ignored" until the youthcommits another offense (p. The purpose of a dependency mediation program is in California "toprovide a problem-solving forum for all interested persons to develop aplan in the best interests of the child, emphasizing family preservationand strengthening" (California Welfare and Institutions Code, sec.35 (a)(2), 1998). The offender must bemade to feel accountable personally for his actions by directlyexperiencing their consequences and by being provided the opportunity toexpress personal remorse and to make amends. Victim Offender Mediation Programs (VOMPS). During the 198 s, Schichor and Sechrest (1998, Spring) reported thatthe conviction grew in many communities and juvenile courts across thenation that "increasing juvenile crime requires solutions based uponprevention and intervention at an early stage" (p. In other cases, the results of dysfunctional orconflict-laden familial relationships may result in antisocial behavior bythe child. (1996, August 12). 1535). Similar programsdeveloped in Finland, England, Germany and elsewhere in Europe. Cottam said "skilled mediators can helpfamily members work toward agreements that all family members view as fairand realistic on such issues as school attendance, performance in school,violations of curfew and the like" (p. (1998, Summer). Juvenile and Family Court Journal, 49, 17-26. Ventrell said that dependency courts often do "not produceadequate outcomes for many children" (p. Creighton Law Review, 29, 1517-1545. McConnell, M. Although overall crime rates have declinedsince the middle 9 s, the rate of juvenile arrests has not, reflecting inpart the growing demographic significance of the under 18 age group.Juvenile courts perforce must concentrate on crimes of violence and otherfelonies committed by juveniles, but they must also handle a large numberof status crimes, such as running away, vagrancy, truancy, underagepurchase of liquor, etc., anddependency cases --i.e. (1996, June). (1998, Spring). Can we talk?Mediation in juvenile criminal cases. 25-26). . 3). His job is to focus "on theshared interests and the common purpose of the family's dynamic andeffective functioning" (p. 1). (1995, November). For the typical youth apprehended forthe first time for a relatively menial offense, the juvenile justice systemis a maze. Mediation can bridge the gap betweentheory and practice in juvenile justice. It relieves courtcongestion. A comparison ofmediated and non-mediated juvenile offender cases in California. In New Jersey, the mediation program islimited to non-violent offenders (McConnell, 1996, August 12, p. Mediation is not, however, very effective in addressingthe problem of hard core violent juvenile crime and its effectiveness ishampered by shortages of funds. 1528). Schichor and Sechrest said"restorative justice theory postulates that criminal behavior is first aconflict between individuals. S8. Another possible problem is unequal bargaining power or leverage inthe mediation owing to the youth's age and inexperience. . Schichor, D., and D. It is, not, however, more than a small part ofthe answer to the nation's hard core juvenile delinquency problem. 899). In some jurisdictions,mediation occurs only after a preliminary hearing in court, but in mostjurisdictions intake officers have the discretion to refer cases involvingminor offenses by first offenders. L. California Welfare & Institutions Code, sec. And funding constraints hamperother more substantial efforts to prevent juvenile crime and to interveneeffectively once it occurs through drug, alcohol and other forms oftherapy. Umbreit. The person who was violated is the primaryvictim, and the state is a secondary victim" p. Many studies haveshown that a relatively small number of juveniles commit most criminaloffenses. Mediation and young people: A look at howfar we have come. In general, Cottam said such mediationsserve several purposes: assist the court by facilitating exchange of current case information, clarifying the participants' roles and responsibilities, encouraging professional accountability, providing participants information about the court process, and reducing the family's sense of alienation from the state's child protective system and the family courts (p. 9 4). However, Cottam said "research regarding juvenile recidivism ratesafter mediation conferences . 28). 24). 18). Not all family situationslend themselves to mediation. According to them, Victim Offender Mediation "is a dialogue and aprocess which provides interested victims of primarily property crimes andminor assaults the opportunity to meet offenders, in a safe and structuredsetting, with the goal of holding the offenders directly accountable fortheir behavior while providing important assistance and compensation to thevictims" (p. 1537). Morris, J. L., and J. have consistently found high levels ofvictim satisfaction with Victim Offenders Mediation process" (p. 1539). Ventrell, M. 153 ). Effectiveness of Mediation Mediation of minor juvenile court cases in dependency proceedings andotherwise serves a variety of beneficial purposes. It brings thefamily and the community, including victims, directly into the conflictresolution process, both of which may be better equipped to render lastingsolutions to many such problems. 1528). . . is mixed" P. 1531). 1). Judge JamesMorris, Presiding Judge of Cobb County, said "it is our belief that justicedoes not only issue from grey-bearded old men" (p. According to Chown and Parham (1995, November),over two million juveniles were arrested nationwide in 1992, accounting for29 percent of all reported indexed crimes and in major urban areas, onehalf of such crimes (p. Mediation in the Handling of Status Offenses and Misdemeanors. (Internet:http://www.lectlaw.come/files/cjsUS.htm), 1-6. 3). cases of alleged mistreatment or neglect ofchildren. Sechrest. It, nevertheless, represents a promisingsupplement to the existing system of juvenile justice. References Baker, D. Juvenile mediation: Innovative disputeresolution or bad faith bargaining? Infact, perhaps a major of juvenile arrests are never adjudicated. It offers at least the potential of more timely and cost-effective resolution of the problems underlying the offense. New Jersey Law Journal, p. Another issue is thestage at which the mediation should take place. The mediator'stask is to balance the scales as evenly as possible. 17). A mediator is needed tofacilitate what is often an emotionally painful and difficult exchange. Theinterests of the victim are served by allowing him or her to participate inthe juvenile justice process and to "mitigate [his] sense of vulnerabilityand anxiety" (Cottam, 1996, June, p. Chown, P. Mediation depends for its success on the voluntary participation ofthose involved. Particularly difficultare sexual abuse cases. isto point out and encourage the family's system of interaction and to helpthe family reorganize that system" (p. 18). He added "the task of mediation . 1526). The mediator lacks the power to impose solutions which hehelps facilitate the parties to devise themselves. According to Schichor and Sechrest, the Orange County ProbationDepartment estimated that 8 percent of juvenile offenders accounted for 55-58% of crimes committed by all juveniles (p. According to Bradshaw and Umbreit (1998, Summer), there were in 19973 such programs in the United States, 26 in Canada and 7 in Europe (p.25). In the juvenile courtsetting, there is, however, always an element of coercion, the fact that ifeither the youth or the parents refuse to participate in mediation, moredraconian punishment may be imposed by the Court. The first such programwas initiated in 1974 in Kitchener, Ontario as a result of a communityinitiative led by the Mennonite Church. One such solutionis mediation which Baker (1996, Summer) said by 1995 was mandated in onecontext or another in 33 states for assisting juvenile courts in disposingof cases (p. 35 (a)(2). On the other hand, as Baker noted, mediation pays its own way ifit "keeps first-time offenders out of court" and out of trouble (p. InCobb County, "on occasion the assistant district attorney has recommendedmediation in felony cases, particularly when the offender is very young andwhen the victim is willing to participate" (Morris, p. S. 27). (Internet:http://www.kuesterlaw.com/cobb.c96 la.htm), 1-1 . . University of Toledo Law Review, 27,897-92 . Cobb juvenile justice mediation. In those cases, the court may becharged with the responsibility of determining what arrangements, such asplacement of the child with one or the other parent, other relatives, or ina foster care home, psychological counselling of the child, arrangementsfor visitation, etc. S8). Some jurisdictions, for example, Los Angeles and Orange County,California, do not permit mediation to be used in cases where evidence ofserious child abuse is present. K. Conclusion The use of mediation in juvenile court dependency and otherproceedings is growing and has proven itself to be a valuable tool in theeffort to minimize the future involvement of minor and first time juvenileoffenders in juvenile crime. Juvenileand Family Court Journal, 49, 27-4 . 27). Cobb County Georgia has introduced an interestinginnovation, teen mediators. a good firststep toward preparing family members to accept and benefit from" otherservices such as professional counselling and therapy (p. (1996, Summer). are needed in the best interests of the child, thefamily and society. According to Ventrell (1998,Fall), "the dependency court is that part of the juvenile court whichhandles child mistreatment cases" (p. The goal of juvenile courts is to serve the best interests of thechild as well as those of society. Crime victims mustmeet juvenile offenders: Contributing factors to victim satisfaction withmediated dialogue. In mediations ordered by juvenile court there,adult professionally trained mediators are assisted by middle school orhigh school students who are given special training as mediators andgenerally compose half of the mediators in particular cases. . MEDIATION IN JUVENILE COURT This research paper discusses the use of mediation in dependency andother proceedings in juvenile courts and assesses its effectiveness.Mediation is used in dependency proceedings and in other cases involvingstatus offenses, misdemeanors and occasionally more serious first timeoffenses, often in conjunction with victim-offender reconciliation efforts.In general, mediation has proved to be a cost-effective method of relievingjuvenile court congestion and dealing with relatively minor juvenileoffenses in a manner which optimizes familial, community, and victiminvolvement and at the same time serving the best interests of the juvenileoffenders involved. But even then the mediator "may uncover longstanding problems [such as drug or alcohol addiction] . The firstVOMP in the United States was established in Albuquerque, New Mexico in1987. Whenoffenses committed by juveniles involve more than status offenses, i.e.cause real damage to the community, either in terms of property damage orpersonal injury, mediation efforts tend to involve broader elements of thecommunity than just the immediate family, state officials and health careprofessionals. Severe funding constraints which makesmost communities depend on volunteer mediators limits their ability tohandle as many cases as might be desirable. Bradshaw and Umbreit report that "studiesin North America and Europe . Void Filled by Mediation The juvenile justice system has been swamped by the rise in juvenilecrime in recent decades. Bradshaw, W., and M. H. If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.