Teens get one last chance in Peer Court By HEATHER BREMNER, Staff Writer
Friday, May 28, 2004 2:57 PM PDT
CALEXICO It's their last chance, the one time the system will give them a break, help them learn to lead productive lives, make amends for going astray and never see the inside of a courtroom again.
It's not a priest, rabbi or pastor lecturing the juvenile offenders about morality but instead a judge, jury and prosecutor, all trying to straighten out these youths, who at such a young age are just one small step from jail cells.
Established in 1995 through a five-year grant through the Imperial County Office of Education grant, Peer Court allows first-time offenders between ages 10 and 17 who have committed misdemeanors and petty felonies to be sentenced in a court of their peers.
Rather than face serving time in juvenile hall and having the offenses on their permanent record, minors who complete the Peer Court program can have their records sealed once they turn 18.
The Valley's Northend which includes Westmorland Union School District, Calipatria and Brawley Union high schools was the first to participate in the program. Now in addition to the North County schools, Central and Southwest high schools in El Centro and Calexico High School and De Anza Junior High School are involved in the program.
When the grant ran out the Imperial County Probation Department was able to continue the program through funding from AB 1913, the Juvenile Justice Crime Prevention Act. The program is fully funded through next year.
Tough Love
Joy Servin is disgusted with the accused's academic record. She can't fathom how any student could receive a 0.00 grade-point-average (five Fs and one incomplete).
The prosecutor pointed out the William Moreno Junior High School student's best GPA this school year was a 1.33.
Standing before the jury, Joy shook her head in disbelief, telling jurors not to be persuaded by the defendant's claim he's respectful at home.
The student's name cannot be released because he's a minor.
He's been suspended 14 times this year, has 49 unexcused absences and numerous tardies, detentions and referrals, she told the jurors.
"And he has really, really bad grades," she said.
It's obvious the defendant doesn't try and deserves no sympathy, she told the jury.
Eduardo Arteaga pointed out exactly what Joy had predicted he would feed to the jury, that his client is a "good son" and obeys his parents.
Although Joy and Eduardo argued their case in a real-life Calexico courtroom in front of a jury and were prosecuting and defending a minor who really did break the law, neither one has attended law school nor passed the state bar. Both "attorneys" are Calexico High School students playing the part for Peer Court.
Joy, a 16-year-old junior, is a regular in the courtroom. She participates on Calexico High's Mock Trial team and volunteers as a Peer Court attorney often.
Eduardo, 15, did not participate in Mock Trial his sophomore year but enjoys volunteering for Peer Court.
Although the jury is made up of the defendant's peers, the sentence imposed is real and if the accused doesn't complete the program, the offender will be sent back to the county Probation Department.
Unlike Joy and Eduardo, the majority of the kids in the courtroom aren't there for fun. Part of the Peer Court deal is participants must serve jury duty and/or work as a bailiff or clerk.
Bad grades/bad temper
Peer Court may seem a cushy punishment for a kid who has obviously messed up, but there was no sympathy in the courtroom Wednesday evening.
The case that Joy and Eduardo were arguing the final of the year concerned a 15-year-old ninth-grader who almost got in a fist fight.
After school on March 24, Willie Moreno School proctor Norma Aguilar saw the defendant standing in a "confrontation stance as if he wanted to fight" with the victim in the case, according to the police report.
The defendant was suspended and school officials called police. Aguilar told the officer that she heard the defendant say "Te voy a clavar" or "I'm going to hit you," as she escorted him to the counseling office.
When a Calexico police officer interviewed the student at his home he confirmed that was what he had said.
The victim told police he had told him "Come on little (expletive) I'm gonna kill you if I see you out on the streets," and said he wanted to fight him after school. The defendant was arrested and taken to Juvenile Hall.
Joy's cutting questions showed that she didn't have an ounce of pity for a straight-F student who picks fights with kids who look at him the wrong way.
"So you started the fight?" she asked.
"Yes," he said.
And why? Joy asked.
"Cause he was like mad-doggin' me," said the defendant.
"Mad doggin'?" Jeff Garber, a local attorney who was playing the part of the judge, asked.
The defendant explained that "mad doggin'" means to look at him in a scornful way.
After making it pretty evident to the jury the defendant was threatening another student for a ridiculous reason, Joy reamed him with blunt questions about his dismal GPA.
"Why are your grades so low?" she asked. "Why are you such a bad student?"
She pointed out that he's in opportunity classes, which are specifically designed for failing students and are easier than regular academic classes.
The junior high student told her he hates school and would rather work a day job.
Garber asked the defendant what he had done and coaxed the confession out of him, since he was initially reluctant to admit his crime. When he asked him if he cares that his bad grades will eventually land him in community school, he said "I really don't care."
After questioning his mother, Joy speculated she gives him too many privileges and isn't strict enough at home.
When the attorneys finished their closing arguments, the jury left to deliberate.
Those harboring the opinion that Peer Court is all for show would likely put that thought to rest after hearing the jury's verdict. The defendant was ordered to write an apology and read it in court, attend drug and alcohol education courses, go on a police ride-a-long, attend tutoring classes, tour juvenile hall and stay away from the victim for six months.
In addition, the jury ordered his parents to attend parenting classes.
Does it work?
Between 2002 and 2003, 129 cases countywide were referred to the Peer Court program. After reviewing each case and interviewing the students, 77 cases were heard in Peer Court.
Six of the students were counseled and charges were dismissed and 13 were referred to traffic court. Sixteen students were placed on informal probation and 12 of the cases were sent to the District Attorney's Office and ultimately placed on formal probation.
Nine of the students sentenced by their peers failed to complete the Peer Court program, which means the program had a 93 percent success rate between 2002 and 2003.
Not just any student can do his or her time in Peer Court. To take advantage of the program the minor must admit guilt and demonstrate he or she is willing and dedicated to improving.
If you have an account already, just enter your Member ID and Password to access this page.
If you're new to our site, please create a new account.
Register FREE
To use certain features of ivpressonline.com, you must register FREE on the form provided. The Imperial Valley Press use of any personally identifying information you provide as part of registration is governed by the following privacy policy:
ivpressonline.com does not, and will not, release your personal information to any third party without your consent. We may, however, share some of the information we gather, in aggregate or demographic form, with advertisers and other partners. That is, we may provide general information about ways people use our site without identifying any particular individuals.
The opinions above are from readers of ivpressonline.com and in no way represent the views of the Imperial Valley Press staff or Schurz Communications Inc.
ivpressonline.com encourages readers to offer their opinions on our local stories. We ask readers keep their comments on topic and avoid derogatory comments about fellow readers. Our goal is to promote a civil discussion about the news.
We will never edit or alter comments, but we do reserve the right to remove comments that violate our code of conduct. No comment may contain:
Subscribe Get the Imperial Valley Press every morning at your home or office. Start a subscription for your family, for yourself or give it to someone special. Click here.
Text Message AlertsReceive text message alerts on breaking news, latest updates, sports scores, offers and much more on your cellphone or PDA. Sign up here.
RegisterRegister free and start receiving email alerts on breaking news, a sneak preview of upcoming stories, reminders and much more. Click here to begin.
About UsWant to know more about the Imperial Valley Press? Want to contact us? Get general and contact information. Click here.
