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Explore the historical influence of policing on juvenile crime, evolving trends in policing strategies, competing theories, operational and theoretical questions, and implications for public safety practices.
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Policing Juveniles Class 22
POLICING • Historically, police always have had significant influence on juvenile crime • Allocation of police resources to particular types of crime and particular neighborhoods • Police influence charging decisions, with collateral effects on case disposition • Police help shape discourse on juvenile crime • Police are most frequent and intense form of interaction of adolescents with law, police influence socialization via attributions of procedural fairness and legitimacy
Trends in Policing • (Post 1950) Strategies for policing youth crime changed over time • Social work model • Watchman model • Significant changes beginning in 1970s • Criticisms of police tactics from the preceding decade led to adoption of reactive model, retreat from preventive activities, • No differentiation of youth crime from other serious crime • Emergence of widespread gang activity in 1980s led to creation of specialized units for gangs • Enforcement, prosecution
Current Era • Policing more closely with emerging theory and integrated in law reform movements • “Broken Windows” theory and “Order Maintenance” approaches • “Zero Tolerance” policies and practices • Influences of these theories on juvenile enforcement • Chicago Gang Ordinance • Theoretical bases? • Not just OMP or BW, but disruption of social networks and elimination of opportunities for criminal activity • Social norms – social influence model
Competing Theories of Policing • Differentiation in styles of policing • Boston • Interaction of ministers and police • Replication efforts nationally • San Diego and Chicago CAPS program • Deliberative “street level” democratic experiments • New York • Broken Windows and Order Maintenance
Only Boston has an adolescent-specific model • Targeted at gang violence • Neighborhood-specific • Developmental message with attention to interventionist and preventive principles • Causal Claim • Several publications claiming reduction is statistically significant, keyed to timing of intervention (1994) • Competing theoretical explanations within Boston • Deterrence • Legitimacy and compliance
The Gang Ordinance • S1735 and CGO Frameworks • 3 or more persons • “Loitering” and other collective behavior that may contribute to enumerated (serious) crimes • Temporal frame (continuity of behaviors within a five-year span) • Spatial component (Chicago – public place)
Issues • Balance of interests of “law abiders” versus “law breakers” within community • Liberty v order • Reinforced by social science • Reflection of will of citizens to establish constitutional thresholds for police action necessary to ensure their safety • “Courts should adjust the level of constitutional scrutiny applied to a policing technique based on the breadth of its impact on liberty in the community” • Rejects claim that the generalized impact of a statute or ordinance paramount within a jurisdiction • Rejection of case law of the preceding decades • Prior to Court challenge, over 45,000 “move on” orders were issued, and a comparable number of arrests made for violation of these orders. • Effects on crime rates? Violence rates? Drug selling?
Theory • OMP, Broken Windows • Social norms, social influence dynamics • Restore and strengthen social organization • Constitutional Questions • Vagueness (Papachristou) • “Without an apparent purpose” clause • Original form did not include paragraph 3, the list of enumerated offenses, and targeted broad range of behaviors (e.g., appearance of drug dealing) • Revised statute narrows specific crime list, similar to S.1735. • Assumes that all behavior of gang members is gang behavior • Search (Terry) • Orders could translate into searches or frisks • Reduces “reasonable suspicion” standard that regulates police detention of citizens • Equal protection • Neighborhood boundaries • Adequacy of democratic process for threshold setting
Operational Questions • Knowledge by police of who is a gang member? • Imperfect knowledge, subject to bias or stereotyping • Mitigated by police training and managerial oversight? • Theoretical Questions • Validity of Broken Windows Theory and other causal claims • The alternative configuration of a social norms claim from the Boston experience • Collateral consequences for adolescent perceptions of law and legal actors • Legitimacy, legal socialization effects
Implications for the Next Epidemic of Juvenile Crime • Do police matter? • Does what police do matter? • Or, does it only the concentration of police matter? • Deterrence perspectives • What will you do when you are on the City Council and an ordinance is proposed?