Chapter SevenChapter Seven

Juveniles and the PoliceJuveniles and the Police

Juveniles and the PoliceJuveniles and the Police

Police work with juvenilesPolice work with juveniles

Although the juvenile courts began to appear as early as 1899, Although the juvenile courts began to appear as early as 1899, special officers to deal with juveniles did not begin to appear for special officers to deal with juveniles did not begin to appear for about 30 or more years. The first bureaus for policing juveniles about 30 or more years. The first bureaus for policing juveniles was instituted by August Vollmer in California. By the 1980s most was instituted by August Vollmer in California. By the 1980s most major cities had specialized juvenile police and programs. Most major cities had specialized juvenile police and programs. Most juvenile officers operate either as specialists or as part of a juvenile officers operate either as specialists or as part of a juvenile unit of a police department.juvenile unit of a police department.

The arrest procedure – taking into custodyThe arrest procedure – taking into custody

Probable cause to make a legal arrest is the same for adults and Probable cause to make a legal arrest is the same for adults and juveniles. That is, a reasonable grounds to believe that an offense juveniles. That is, a reasonable grounds to believe that an offense was committed and that the accused committed that offense. The was committed and that the accused committed that offense. The scope of offenses is broader for juveniles with status offenses on scope of offenses is broader for juveniles with status offenses on top of other criminal acts. top of other criminal acts.

Juveniles and the PoliceJuveniles and the Police

Legal factors influencing officer discretion:Legal factors influencing officer discretion: Seriousness of offense Seriousness of offense – status? misdemeanor? felony? – status? misdemeanor? felony? Frequency of offense Frequency of offense – first time or habitual?– first time or habitual? Prior/current involvement in juvenile system Prior/current involvement in juvenile system

These factors make a big difference on the actions taken by the officerThese factors make a big difference on the actions taken by the officer

  

Extra legal factors influencing officer discretion Extra legal factors influencing officer discretion Race Race – the color of your skin should have – the color of your skin should have nono bearing on how you are bearing on how you are

treatedtreated GenderGender – males and females should be treated equally – males and females should be treated equally Social class Social class – how much money your parent’s make or the type of home – how much money your parent’s make or the type of home

you live in should have you live in should have nono bearing on how you are treated bearing on how you are treated

Unfortunately, these factors do still influence officers, and this is racism, Unfortunately, these factors do still influence officers, and this is racism, classism, and sexism at its worstclassism, and sexism at its worst

Juveniles and the PoliceJuveniles and the Police

Personal/Situational factors influencing officer discretion:Personal/Situational factors influencing officer discretion: Demeanor of kid Demeanor of kid – polite or smarts off to officer?– polite or smarts off to officer? Family situation Family situation – is the family a safe place for the youth to be? Can they – is the family a safe place for the youth to be? Can they

adequately provide supervision?adequately provide supervision? Victim/citizen complaint Victim/citizen complaint – how vocal and active the victim wants an arrest, – how vocal and active the victim wants an arrest,

the more the officer will be influenced the more the officer will be influenced

Departmental policy influences officer discretion: Departmental policy influences officer discretion: more legalistic in style, the more arrests mademore legalistic in style, the more arrests made fewer arrests when policies involve watchman or service stylefewer arrests when policies involve watchman or service style

Other factors that influence officer discretion:Other factors that influence officer discretion: Peer associates Peer associates – are the youth’s friends delinquent? – are the youth’s friends delinquent? Individual characteristics Individual characteristics – age, maturity, and attitude of youth play – age, maturity, and attitude of youth play

important roles in officer decisionsimportant roles in officer decisions Juvenile justice characteristics Juvenile justice characteristics – is there a place to put the kid since its past – is there a place to put the kid since its past

midnight and no facility in county?midnight and no facility in county?

Juveniles and the PoliceJuveniles and the Police

Unofficial procedures:Unofficial procedures:

““juvenile card” juvenile card” – briefly reprimand the youth, release, and submit – briefly reprimand the youth, release, and submit a statement concerning incident a statement concerning incident

Official procedures:Official procedures:

““Station house adjustment” Station house adjustment” – youth, officer, and parents handle – youth, officer, and parents handle situation voluntarily situation voluntarily

Or decision is made to arrest the youth and request state attorney Or decision is made to arrest the youth and request state attorney to file a petitionto file a petition  

Mandated reporting Mandated reporting – officers are bound by law to be mandated – officers are bound by law to be mandated reporters of child abuse and neglect. reporters of child abuse and neglect.

Juveniles and the PoliceJuveniles and the Police

Child abuse investigations – after receiving the referralChild abuse investigations – after receiving the referral

1.1. remain objectiveremain objective

2.2. follow state guidelinesfollow state guidelines

3.3. provide resource information about services availableprovide resource information about services available

4.4. interview child aloneinterview child alone

5.5. make sure you reveal your purpose for being theremake sure you reveal your purpose for being there

6.6. ensure best treatment for childensure best treatment for child  

Child abuse investigations – preliminary reportChild abuse investigations – preliminary report

1.1. dates are important for history and establishing timelinesdates are important for history and establishing timelines

2.2. find out instrument of abuse and cover elements of crimefind out instrument of abuse and cover elements of crime

3.3. listen to what the children saylisten to what the children say

4.4. record atmosphere and demeanor of participants in complaintrecord atmosphere and demeanor of participants in complaint

Juveniles and the PoliceJuveniles and the Police

Child abuse investigations – preserving crime sceneChild abuse investigations – preserving crime scene1.1. treat as crime scene whether offense occurred at present or in the pasttreat as crime scene whether offense occurred at present or in the past

2.2. secure instrument of abuse and other evidencesecure instrument of abuse and other evidence

3.3. photograph scene and child; photos may also need to be taken later as injuries become photograph scene and child; photos may also need to be taken later as injuries become more visible more visible 

Child abuse investigations – follow upChild abuse investigations – follow up1.1. be supportive and optimisticbe supportive and optimistic

2.2. arrange for medical exams, transportation, changes of clothing if necessaryarrange for medical exams, transportation, changes of clothing if necessary

3.3. use appropriate investigative techniquesuse appropriate investigative techniques

4.4. make sure family has access to appropriate resources for help and therapymake sure family has access to appropriate resources for help and therapy

5.5. leave information on how to contact a detective assigned to the case leave information on how to contact a detective assigned to the case 

Child abuse investigations – court phaseChild abuse investigations – court phase1.1. visit court with child to familiarize him/hervisit court with child to familiarize him/her

2.2. prepare exhibits to support testimonyprepare exhibits to support testimony

3.3. file evidence according to state/court policyfile evidence according to state/court policy

4.4. unless suspects, keep family updated and tell them when case is closed and the final unless suspects, keep family updated and tell them when case is closed and the final results of court determinationsresults of court determinations

5.5. follow up with probation department on presentence report and victims impact follow up with probation department on presentence report and victims impact statementstatement

Juveniles and the PoliceJuveniles and the Police

Official ProceduresOfficial Procedures Search and seizure Search and seizure – applies same to juveniles– applies same to juveniles Self-incrimination Self-incrimination – applies the same to juveniles plus in many – applies the same to juveniles plus in many

states parents also must be notified and present when questioning states parents also must be notified and present when questioning occursoccurs

Detention in adult facilities is extremely limited in time and Detention in adult facilities is extremely limited in time and situation; detention in juvenile center is idealsituation; detention in juvenile center is ideal

Documentation is to be kept separate from adults and kept Documentation is to be kept separate from adults and kept confidential for the most part; photographs may be taken but also confidential for the most part; photographs may be taken but also primarily kept from outsidersprimarily kept from outsiders  

Police-school liaison officersPolice-school liaison officers First developed in Flint, MI., and has since become a unique First developed in Flint, MI., and has since become a unique

source of information and counselingsource of information and counseling

Juveniles and the PoliceJuveniles and the Police

Other school based police involvement:Other school based police involvement: DARE DARE – drug abuse prevention program– drug abuse prevention program GREATGREAT – gang resistance program – gang resistance program SANESANE – drug and conflict resolution problem – drug and conflict resolution problem

  

Youth Focused Community Policing Youth Focused Community Policing (YFCP)(YFCP) Police work with community to pool information to best handle Police work with community to pool information to best handle

problems with juvenilesproblems with juveniles

Serious Habitual Offender Comprehensive Action Program Serious Habitual Offender Comprehensive Action Program (SHOCAP) (SHOCAP) (Used in Illinois) A multidisciplinary, interagency case (Used in Illinois) A multidisciplinary, interagency case

management approach to sharing information to help watch and management approach to sharing information to help watch and make decisions about serious youthful offendersmake decisions about serious youthful offenders