Juvenile Justice Juvenile Justice

Spring 08Spring 08

CJ 3650CJ 3650

ChapterChapter 77

Professor James J. Drylie Professor James J. Drylie

Central Role of the Police Central Role of the Police

�� The role of the police is complex and The role of the police is complex and multifold.multifold.

�� Divided into four main categories:Divided into four main categories:�� ArrestArrest

�� ProcessProcess

�� PreventionPrevention

�� Protecting Protecting

�� Arrest and processing are the most Arrest and processing are the most familiar. familiar.

�� A common characteristic is that the police A common characteristic is that the police

are viewed as the gatekeepers of the are viewed as the gatekeepers of the

juvenile justice system. juvenile justice system.

�� Police are often the first point of contact Police are often the first point of contact

between the system andbetween the system and

�� DelinquentsDelinquents

�� Status offendersStatus offenders

�� Juvenile victims Juvenile victims

The Numbers The Numbers �� In 2003 the FBI reported through the UCR In 2003 the FBI reported through the UCR that juveniles accounted for that juveniles accounted for �� 16% of all arrests16% of all arrests

�� 15% of all violent crime arrests 15% of all violent crime arrests

�� 9% of murder arrests (9% of murder arrests (--3)3)

�� 14% aggravated assault 14% aggravated assault

�� 29% burglary (29% burglary (--6)6)

�� 24% robbery (24% robbery (--3)3)

�� 23% weapons (23% weapons (--1)1)

Numbers in parenthesis represents Numbers in parenthesis represents cahngecahnge from from 1998. 1998.

�� Juveniles account for a higher total of property Juveniles account for a higher total of property

crime than arrests for violent crime. crime than arrests for violent crime.

�� Juveniles account for one of every five arrests Juveniles account for one of every five arrests

�� One in every six for violent offensesOne in every six for violent offenses

�� One in every three for property crimeOne in every three for property crime

�� The police deal with social issues dayThe police deal with social issues day--in and in and

dayday--out. out.

�� Many of the offenses committed by juveniles are Many of the offenses committed by juveniles are

rooted in social problems.rooted in social problems.

�� Police today are expected to me more innovative Police today are expected to me more innovative

when dealing with juvenile crime. when dealing with juvenile crime.

The Early Police Role The Early Police Role �� Before the juvenile justice system the Before the juvenile justice system the police handled and treated juveniles as police handled and treated juveniles as adult offenders. adult offenders.

�� In the early history of policing the In the early history of policing the establishment of a separate juvenile establishment of a separate juvenile justice system placed the police in a dual justice system placed the police in a dual rolerole�� Adult crimeAdult crime

�� Juvenile delinquency Juvenile delinquency

�� One response was the hire females for the One response was the hire females for the purpose of dealing with juveniles. purpose of dealing with juveniles.

The Changing RoleThe Changing Role�� The periods of policing correspond with The periods of policing correspond with

the treatment of juveniles.the treatment of juveniles.

�� Traditional period was the earliest and it was Traditional period was the earliest and it was

when juveniles were treated no different than when juveniles were treated no different than

adults.adults.

�� Professional period began early in the 20Professional period began early in the 20thth

century as the JJ system was developing.century as the JJ system was developing.

�� Community policing came on the heels of the Community policing came on the heels of the

Due Process Revolution that afforded Due Process Revolution that afforded

juveniles certain rights. juveniles certain rights.

Who are the police?Who are the police?�� Generally accepted that there are three Generally accepted that there are three primary functions related to policing:primary functions related to policing:�� Law enforcementLaw enforcement

�� Order maintenance Order maintenance

�� Community service Community service

�� Three styles of policing areThree styles of policing are�� Legalistic Legalistic

�� WatchmanWatchman

�� Service Service

�� Departmental style typically determines Departmental style typically determines juvenile disposition and attitudes of juvenile disposition and attitudes of officers officers

Police involvement Police involvement �� Common areas police encounter juveniles:Common areas police encounter juveniles:

�� Public disturbancesPublic disturbances

�� Family violence Family violence

�� Home burglaries Home burglaries

�� Vandalism Vandalism

�� Complaints from the elderlyComplaints from the elderly

�� Traffic enforcementTraffic enforcement

�� Offenses against children Offenses against children �� These areas account for 50% of the total These areas account for 50% of the total requirement for police service. requirement for police service.

�� It is estimated that 70It is estimated that 70--90% of police/juvenile 90% of police/juvenile encounters involve maintaining order or providing encounters involve maintaining order or providing service. service.

COP and POPCOP and POP�� COP advocates hold that the greater attention to COP advocates hold that the greater attention to

juvenile and family matters would result in crime juvenile and family matters would result in crime

reduction and focus police resources on crime reduction and focus police resources on crime

and disorder rather than the effects.and disorder rather than the effects.

�� POP looks to refocus police efforts from reactive POP looks to refocus police efforts from reactive

to a proactive problem solving approach. to a proactive problem solving approach.

�� ScanScan

�� AnalyzeAnalyze

�� Response Response

�� AssessAssess

Processing Juveniles Processing Juveniles �� Some processing of juveniles is based on Some processing of juveniles is based on

state statute or local ordinances.state statute or local ordinances.

�� The handling of juveniles is relatively The handling of juveniles is relatively

consistent.consistent.

�� The investigative process is essentially The investigative process is essentially

unchanged when a juvenile is suspected of unchanged when a juvenile is suspected of

committing a crime.committing a crime.

�� Once it is clear the suspect is a juvenile there Once it is clear the suspect is a juvenile there

are some procedures and safeguards that are some procedures and safeguards that

police will follow. police will follow.

Confidentiality Confidentiality �� When dealing with juvenile offenders When dealing with juvenile offenders

many states maintain confidentiality laws many states maintain confidentiality laws

requiring the police to take extra requiring the police to take extra

precautions with juvenile records.precautions with juvenile records.

�� Typically these laws prohibit Typically these laws prohibit

�� PhotographingPhotographing

�� Fingerprinting Fingerprinting

�� Maintaining juvenile records Maintaining juvenile records

�� Placing juveniles and adults together in a Placing juveniles and adults together in a

detention facility detention facility

Terminology Terminology �� Per sePer se attorney lawsattorney laws

�� Requires juveniles be represented in all critical Requires juveniles be represented in all critical

phases of the process.phases of the process.

�� CustodyCustody

�� Numerous situations when police hold a Numerous situations when police hold a

juvenile. Analogous to arrest of an adult. juvenile. Analogous to arrest of an adult.

�� CHINS, MINS, PINS CHINS, MINS, PINS

Model Policies Model Policies �� Serve as guides to Serve as guides to PDsPDs

�� Handcuffing juveniles to fixed objects (NTE Handcuffing juveniles to fixed objects (NTE

4hrs)4hrs)

�� Notify parent/guardian when juvenile is in Notify parent/guardian when juvenile is in

custodycustody

�� Detention hearing in 48 hoursDetention hearing in 48 hours

�� Restrictions on interrogation Restrictions on interrogation

�� Judicial advisement of rights in some statesJudicial advisement of rights in some states

�� Waiver of rightsWaiver of rights

�� Similar to adults in some statesSimilar to adults in some states

�� Knowingly and voluntarily Knowingly and voluntarily

Policing Status Offenders Policing Status Offenders �� Status offenders and children in need of Status offenders and children in need of

protection often come into contact with protection often come into contact with

the police. the police.

�� Status offenders are usually observed by Status offenders are usually observed by

police in response topolice in response to

�� Alerts, calls or complaintsAlerts, calls or complaints

�� Wrong place, wrong timeWrong place, wrong time

�� Options may includeOptions may include

�� CustodyCustody

�� Return to schoolReturn to school

�� Returned home Returned home

Safety Concerns Safety Concerns �� At times the police may become At times the police may become

concerned with a juveniles safety for a concerned with a juveniles safety for a

number of reasons:number of reasons:

�� Physical appearancePhysical appearance

�� HealthHealth

�� InjuryInjury

�� Intoxication Intoxication

�� Emotional well being Emotional well being

�� Protective CustodyProtective Custody

�� If police determine safety is an issue they If police determine safety is an issue they

may take the juvenile into PC may take the juvenile into PC

Protective CustodyProtective Custody

�� Often involves the removal of a juvenile from Often involves the removal of a juvenile from the home environment.the home environment.�� Abuse/neglectAbuse/neglect

�� Lack of adult supervision Lack of adult supervision

�� Steps such as this are not easy and may Steps such as this are not easy and may �� Be devastating to the familyBe devastating to the family

�� Children may not be the only victims.Children may not be the only victims.�� What about situations when children victimize other What about situations when children victimize other family membersfamily members�� AggressiveAggressive

�� DisruptiveDisruptive

�� Harmful Harmful

Police Discretion & Juvenile Police Discretion & Juvenile

Offenders Offenders

�� Police discretion is recognized to exist at all Police discretion is recognized to exist at all levels.levels.�� Even greater discretion is exercised in dealing with Even greater discretion is exercised in dealing with juvenilesjuveniles

�� The number of juveniles who are The number of juveniles who are formally formally charged charged and referred to juvenile court is relatively small in and referred to juvenile court is relatively small in comparison to the total number of juvenile comparison to the total number of juvenile –– police police encounters. encounters.

Figure 7.6 (p. 195) Figure 7.6 (p. 195)

Controlling Discretion Controlling Discretion

�� Some jurisdictions will attempt to control, Some jurisdictions will attempt to control, police discretion.police discretion.�� Structured policies and procedures Structured policies and procedures

�� These written directives do not, and cannot, These written directives do not, and cannot, account for every possible variableaccount for every possible variable

�� Many polices are reactive in natureMany polices are reactive in nature

�� Excessive or detailed policies can often be Excessive or detailed policies can often be counterproductive counterproductive

�� Department style often sets discretionary Department style often sets discretionary levels levels

Influencing Discretion Influencing Discretion

�� One area of research regarding discretion One area of research regarding discretion has focused on the appearance and has focused on the appearance and demeanor of a juvenile.demeanor of a juvenile.�� Considered to be one of the most important.Considered to be one of the most important.

�� Communication is another significant Communication is another significant factor.factor.�� How a juvenile speaks and acts with an officer How a juvenile speaks and acts with an officer can be correlated to how the juvenile may be can be correlated to how the juvenile may be treated. treated.

Just Plain WrongJust Plain Wrong�� Regardless of policy, statute, and other Regardless of policy, statute, and other

checks to insure that police do not abuse checks to insure that police do not abuse

discretionary power it happensdiscretionary power it happens

�� Characteristics of youth who are most Characteristics of youth who are most

likely to be targeted for increased police likely to be targeted for increased police

attention includeattention include

�� MinoritiesMinorities

�� Living or loitering in highLiving or loitering in high--crime areascrime areas

�� Suspicious behavior Suspicious behavior

�� Clothing Clothing

Police Attitudes Police Attitudes �� Some officers view juvenile matters with Some officers view juvenile matters with disdain. disdain. �� These officers may hold stereotypical views of These officers may hold stereotypical views of police work. police work.

�� In fact research has shown that police may In fact research has shown that police may now spend less time with juveniles and now spend less time with juveniles and delinquency prevention to delinquency prevention to �� Focus on more serious issuesFocus on more serious issues

�� Answer calls for service Answer calls for service �� What is the collateral effect of this? What is the collateral effect of this?

�� Specialization Specialization �� Passing the buck.Passing the buck.

A LoveA Love--Hate Relationship Hate Relationship

�� Juvenile victims view the police in a positive lightJuvenile victims view the police in a positive light

�� Juvenile offenders see the sole purpose of the Juvenile offenders see the sole purpose of the

police as harassing them.police as harassing them.

�� Race, income, and residence of the juvenile are Race, income, and residence of the juvenile are

factors that influence the perception of police.factors that influence the perception of police.

�� Urban area youth are more likely than suburban Urban area youth are more likely than suburban

youth to view the police in a negative way. youth to view the police in a negative way.

Police Programs Police Programs

�� Two prominent policeTwo prominent police--based programsbased programs�� DAREDARE

�� GREAT GREAT

�� Boot CampsBoot Camps�� Agencies responsible for juvenile detention Agencies responsible for juvenile detention programs may offer a militaryprograms may offer a military--style boot camp style boot camp program.program.

�� These programs have come under intense These programs have come under intense scrutiny. scrutiny.