Standing in a court of law, a young criminal offender from Oakland is asked by a jury of his peers, “Why did you commit this theft? What were you thinking?” As the teenage offender struggles to explain his actions, the jury is looking to see how fully he’ll accept the responsibility and whether he is sorry for his crime. But unlike a regular court, the jury is there to decide the offender’s sentence, not his guilt. The jury already knows the offender is

guilty because he had to admit it in order to be at McCullum Youth Court (MYC).

“They have to admit guilt to get in the program,” says David Wallace, executive director of MYC, a non-profit organization based in Oakland that offers youth offenders a second chance through restorative justice and peer accountability.

Though the offender’s sentence in youth court is legally binding, he will avoid many of the life-impacting aspects of the regular court system: detention in a juvenile facility, a permanent criminal record, and probation. More than 6,000 young people under the age of eighteen are arrested each year in Alameda County. Approximately one third of arrested youth are detained at juvenile detention centers, otherwise known as juvenile hall. For many of these young people, juvenile hall is the beginning of a lifetime of crime and prison. MYC’s goal is to steer first-time offenders of minor, or misdemeanor, offences away from a path of crime.

The recidivism (re-offending) rate of offenders in the MYC program is consistently under ten percent. Youth entering the government’s juvenile justice system have recidivism rates of sixty to eighty percent. Wallace attributes the remarkable success of the program to the peer accountability of the youth court process. Under the supervision of professional adult staff, youth manage and staff the youth court sessions. The attorneys, clerks, bailiffs, and jury are also all youth, some of whom are offenders participating in the court as part of their sentence.

“At that age they are very susceptible to peer pressure and how they are being judged by other people their age,” says Wallace. “It is much more impactful to be held accountable by their peers than by adults.” 

Sentences are designed to hold offenders accountable in a meaningful, restorative manner. A sentence consists of participation in jury service plus twelve to sixty hours of community service and one counseling class such as anger management, substance abuse, or positive self expression. Youth offenders who successfully complete their sentence are encouraged to join MYC’s law and justice program, which provides middle and high school students who have an interest in law or social justice with training by peer leaders and adults.

Francisco Zepeda got involved with the law and justice program through an internship at his high school. Working his way up to the position of boys case manager, he works with the parents of youth offenders to explain MYC’s program and how it will benefit their son’s life for a better future. “I joined the program because I like helping people and knowing that I did something that was positive in my life and also for my community,” says Zepeda. “What I bring to the program is basically the experience of growing up in the Bay Area and Oakland so I know what the youth here go through.”

Sophal Veth is a girls case manager, which is a paid staff position. Her entry into the program was different than that of Francisco’s. “I was a child of the juvenile court system,” says Veth. After serving ninety days in juvenile hall, Veth says she’s learned to acknowledge life as a gift. “I speak to these girls about how lucky they are to be here and given the opportunity to understand and realize that the crime they have committed could have been worse.”

Return on investment: funding cuts despite cost savings

Only 400 offenders benefit from the McCullum Youth Court (MYC) program each year, though that number may be declining due to recent funding cuts. As of March 31st, 2010, MYC will see a funding cut of nearly $400,000 – representing more than half of its annual revenue. According to MYC, their program saves Alameda County more than $20 million annually in terms of what it would cost the government system to serve those same youth.

“We know government funding is being cut in many areas, but it seems counter-intuitive to slash support for an organization that is able to save such a tremendous amount of money for the system each year,” says MYC Executive Director, David Wallace. Wallace notes that while it costs MYC less than $300 to serve each youth, the cost to the taxpayer for a young offender going through the Alameda County Judicial System and ending up in detention can be $44,000 or more.

To offer your support or donations to MYC visit www.youthcourt.org.