Teen Court

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A teen court (dt. Pupil court or adolescents court ) is a forensic educational youth project in which a student body educational measures of juvenile offenders can pronounce. The idea and the name of the Teen Courts comes from the USA . One of the main motivations for introducing teen courts is the assumption that peer-to-peer reputation is particularly important. Through their participation in the Teen Court, this effect is to be used in such a way that insight is encouraged among those involved.

Germany

Jurisdiction

The Teen Court is not a juvenile court in terms of procedural law , it has neither judicial nor public prosecutorial authority. There is neither a taking of evidence nor an assessment of the evidence; the facts must be fully clarified. The public prosecutor's office accompanies the proceedings through to completion. At a teen court - depending on the state - only cases of light to a maximum of moderate crime are heard.

If an offender confesses to the responsible public prosecutor's office and declares himself ready to appear before the student court, the public prosecutor's office will refrain from prosecution and assign the case to the student court. If the young person accepts the "judgment" of the student body, the case is closed. If educational measures have been initiated, the public prosecutor's office can refrain from prosecution in accordance with Section 45 (2) of the Youth Courts Act .

distribution

There are teen courts in Bavaria ( Aschaffenburg , Ingolstadt , Ansbach , Memmingen , Augsburg , Dillingen ad Donau , Landshut ), Hesse ( Limburg , Wiesbaden , Darmstadt ), North Rhine-Westphalia ( Recklinghausen ), ( Siegen ), Saxony ( Bautzen , Leipzig , Zwickau ), Saxony-Anhalt ( Halberstadt ) and Baden-Württemberg ( Kehl ). Thuringia ( Haubinda ) at the Hermann Lietz School . A pilot project in Hamburg was discontinued in 2008 after one and a half years.

In contrast to the original Teen Courts, the concept is also used in Kehl with under-14s, so that they can also deal with their crime. Through the cooperation with the youth officer of the police, these cases are forwarded to the student body with the consent of the parents and those who have committed criminal offenses.

Training of the "judges"

The judges at the teen court, mostly between 14 and 20 years old, must have attended appropriate training. They should each be older than the delinquents.

rating

The success is controversial. It is recognized that diversion can be achieved through this facility ; This means that a formal procedure is waived in favor of rehabilitation and relief of the judiciary. However, the legal legitimacy is sometimes called into question. The special ability in upbringing required by the Youth Court Act for those involved in youth criminal proceedings will also hardly be able to be proven.

The thesis that young people who stand before a teen court are far less likely to reoffend than before the criminal courts has so far not been scientifically proven for Germany. In the USA, however, there are long-term studies that confirm this effect. Since teen courts in the USA have different decision-making powers than in Germany, these results are difficult to transfer to the German model .

See also

literature

  • Monika Traulsen, The student procedure as a crime preventive offer of youth welfare. Shown using the example of a school project in Kehl , In: Verbrechen - Strafe - Resozialisierung, Festschrift for Heinz Schöch on his 70th birthday on August 20, 2010, pp. 267–281, Verlag De Gruyter, Berlin / New York, 2010, ISBN 978- 3-89949-606-2 .
  • Robert Englmann, Criminal Education Student Projects in Bavaria - Legal and Criminological Problems and Special Preventive Effectiveness of So-called "Student Courts " , ZJJ 3/2009, pp. 216–226.
  • Robert Englmann, Criminal Education School Project in Bavaria. Legal problems and special preventive effectiveness of a new diversion approach in juvenile criminal proceedings Kriminalwissenschaftliche Schriften, Bd. 25, Münster: Lit, 2009; Zugl .: Munich, Univ., Diss., 2009, ISBN 978-3-643-10160-0
  • Robert Englmann, "Schoolchildren's Courts" in German Juvenile Justice - A Controversial Diversion Model Put to the Test , In: Responsible Science, pp. 93–97, Franz Steiner Verlag, Stuttgart 2009, ISBN 978-3-515-09370-5 .
  • Heinz Schöch / Monika Traulsen, legal probation after student procedure. The criminal law development of adolescents who took part in the Aschaffenburg criminal education school project , Goltdammer's Archive for Criminal Law, 156 vol., Issue 1/2009, pp. 19–43.
  • Thomas Stephan, "Justitia in Jugendhand? Examples of schoolchildren's courts - a critical consideration from a socio-educational point of view" , RabenStück Verlag für Kinder- und Jugendhilfe, Berlin 2009, ISBN 978-3-935607-33-9
  • Eva-Verena Kerwien, School meals - an alternative? , BAG-S Information Service for Criminal Assistance, Volume 16, Issue 1/2008, pp. 8–11.
  • Heinz Schöch / Monika Traulsen, Kriminalpädagogische Schülerprojekte in Bayern , In: Schöch et al. (Eds.), Shaping Law - Serving the Law - Festschrift for Reinhard Böttcher on his 70th birthday, pp. 379–402, De Gruyter: Berlin - New York 2007, ISBN 978-3-89949-259-0
  • 27th German Youth Court Day 2007, results of the working group 15: Diversion Days, Teen Court & Co: Criminal policy with, without or against the JGG? Online text
  • Klaus Breymann, School meals - for whom? , ZJJ 1/2007, pp. 4-8, online text
  • Tobias Block / Jan H. Kolberg, Teen-Court - Much Ado About Nothing? Background to a "new" youth criminal law approach , ZJJ 1/2007, pp. 8–18, online text
  • Mirko Jahn et al., Peer-Peer Concepts> Childhood and the Pedagogical Dealing with Violence , January 26, 2006, p. 31 ff, Powerpoint
  • Kai Nitschke, school meals are on the rise. Countries rely on "teen courts" , Das Parlament , No. 07 2006, February 13, 2006, p. 8, online text ( Memento from April 30, 2006 in the Internet Archive )
  • Claudia Keller, When students judge students , Der Tagesspiegel, October 21, 2005, online text
  • By Caroline Schmidt, judge in sneakers , Der Spiegel, October 17, 2005, online text
  • Verena Sabaß, student bodies in juvenile justice - a new diversification approach. The "Aschaffenburg Criminal Education School Project" and the American Teen Courts , Kriminalwissenschaftliche Schriften, Vol. 2, Münster: Lit, 2004; Zugl .: Munich, Univ., Diss., 2004, ISBN 3-8258-7877-5
  • Arnfrid Schenk, "Klauen ist uncool" , DIE ZEIT June 2003, online text
  • Hessian Ministry of Justice, "Teen Court": Justice Minister Dr. Christean Wagner starts Hessian crime pedagogical youth project (KJP) , press release, October 11, 2005, PDF
  • Helmut Schwan, "Teen Court" project: Young people judge young people , FAZ, October 11, 2005, online text
  • Miriam Bunjes, ban on cell phones for the buddy , taz, November 1, 2005, p. 2, online text
  • Silke Becker, Heavy boys and little judges , Der Tagesspiegel, June 20, 2002, online text

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