Police and Juveniles

1. Police and Juveniles

2. Slide 2 CHAPTER OBJECTIVES After completing this chapter, you should be able to: Explain the role of police through the history of juvenile justice. Describe the various police styles. Explain how the police process juvenile cases. Describe the role of police in handling status offenders and abused or neglected children. Explain the discretionary options a police officer can exercise in juvenile cases.

3. Slide 3 CHAPTER OBJECTIVES (continued) After completing this chapter, you should be able to: List factors that influence police decisions in juvenile cases. Compare police attitudes about juveniles with juveniles’ attitudes about police. Identify some intervention programs operated by police. Explain how community-oriented policing affects juvenile cases.

4. Slide 4 6.1 The Central Role of Police Agencies in the Juvenile Justice System The role of police in the juvenile justice system is relatively complex and multifold. The role can be divided into four main categories: • Arresting delinquents • Processing juvenile delinquents and status offenders • Preventing juvenile delinquency • Protecting juveniles from victimization

5. Slide 5 The Central Role of Police Agencies in the Juvenile Justice System The programs and specific police responsibilities vary greatly by jurisdiction. One common characteristic is that police are the gatekeepers of the juvenile justice system.

6. Slide 6 The Central Role of Police Agencies in the Juvenile Justice System In 1998, police in the U.S. made an estimated 2.6 million arrests of persons under age 18, everything from index felonies, for which juveniles account for a substantial portion of arrests, to status offenses. index felonies: The eight felonies that comprise the FBI’s Uniform Crime Report: murder, rape, robbery, aggravated assault, burglary, larceny/theft, auto theft, and arson.

7. Slide 7 The Central Role of Police Agencies in the Juvenile Justice System Police agencies deal with juvenile issues in a variety of ways, ranging from the aggressive enforcement of curfew and truancy laws to the sponsorship of midnight basketball games for gang-involved youth.

8. Slide 8 MYTH FACT Juveniles are committing more and more violent crimes in American society. The rates of violent crime committed by juveniles has been steadily decreasing since 1994.

9. Slide 9 SELF CHECK Why are police considered the gatekeepers of the juvenile justice system?

10. Slide 10 6.2 Role of the Police in Dealing with Juvenile Offenders • Before the inception of the juvenile justice system, police treated juveniles as they would adults. • Today, many police departments have separate divisions to handle juveniles.

11. Slide 11 Early Policing in Juvenile Justice and Police Matrons • During the early years of the juvenile justice system, the need to deal with juveniles led police to hire females. • The assignment of women into the juvenile division was based on the stereotypical assumption that women would be better able to deal with juveniles.

12. Slide 12 Early Policing in Juvenile Justice and Police Matrons • Police matrons handled clerical work, minor ordinance enforcement (traffic tickets), and juveniles, particularly the very young and status offenders. • As the juvenile justice system matured, the role of police changed dramatically.

13. Slide 13 The Changing Role of Police Police history is generally divided into three periods: • Traditional period (or political period) • Professional period • Community-oriented period

14. Slide 14 The Changing Role of Police In the traditional period police agencies did not pay much attention to juveniles, passing them off to police matrons or other social institutions. traditional period: The era in law enforcement marked by political corruption and political control of policing.

15. Slide 15 The Changing Role of Police The professional period began at the beginning of the 20th century. Police treatment of juveniles did not change until the 1960s and 1970s. professional period: The era in law enforcement when the goal was to increase the professionalization of policing thus removing it from political pressures.

16. Slide 16 The Changing Role of Police Juveniles were treated just like other offenders until the passage of theJuvenile Justice and Delinquency Prevention Act of 1974 (JJDP Act).

17. Slide 17 The Changing Role of Police In addition, the labeling theory resulted in a shift in thinking about how to treat juveniles, including restrictions on fingerprinting, photographing, and record-keeping.

18. Slide 18 The Changing Role of Police • During the 1970s and 1980s, police theorists began to question the operational tactics and overall philosophy of policing in the U.S., which led to the community-oriented period. • The police role in juvenile justice expanded greatly as police embraced the role of service providers.

19. Slide 19 Definitions of Police Roles and Responsibilities In the book, Varieties of Police Behavior, James Q. Wilson defined three fundamental functions in which police officers engage: • Law enforcement • Order maintenance • Community service

20. Slide 20 Definitions of Police Roles and Responsibilities Wilson also identified three styles of law enforcement agencies: • Legalistic • Watchman • Service

21. Slide 21 Definitions of Police Roles and Responsibilities Departmental style characterizes the operational philosophy and common tactics used in the agency. • Legalistic—officers would tend to approach juvenile matters “by the book.” • Watchman—officers would take a more active role when juveniles were creating problems. • Service—officers would adopt the role of surrogate parent seeking to prevent delinquency.

22. Slide 22 Definitions of Police Roles and Responsibilities The National Advisory Committee on Criminal Justice Standards and Goals states that police agencies are responsible for: • exerting every possible effort toward discovery of potential delinquents and conditions conducive to delinquent behavior; • working closely with other agencies to remove or control environmental conditions conducive to creating juveniles problems; continued

23. Slide 23 Definitions of Police Roles and Responsibilities (continued) • advising and assisting all agencies and organizations concerned with juvenile problems when the police agency is not directly involved in the activity; • using preventive patrol techniques in areas where there is potential for juvenile problems; • conducting thorough investigations into delinquency problems that lead to the commission of juvenile offenses; continued

24. Slide 24 Definitions of Police Roles and Responsibilities (continued) • detecting and apprehending juvenile offenders; • follow-up as needed in the referral of the offender; and • retaining prescribed juvenile records.

25. Slide 25 Definitions of Police Roles and Responsibilities As a result of the shifts in thinking during the 1960s and 1970s, a new philosophy emerged—community-oriented policing (COP). community-oriented policing (COP): A philosophical movement in policing designed to make the community a co-active partner with law enforcement.

26. Slide 26 Processing of Juvenile Delinquents by Police Procedures followed by police when a juvenile is accused of committing a crime are fairly consistent across jurisdictions.

27. Slide 27 Processing of Juvenile Delinquents by Police Police often feel hampered by the restrictions placed on their ability to investigate juvenile offenders, such as confidentiality laws. confidentiality laws: Statutes that protect the identity and records of juvenile offenders in an attempt to avoid the stigmatization that comes with adjudication.

28. Slide 28 Processing of Juvenile Delinquents by Police The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDP Act) mandates that juveniles must be sight and sound separated from adults while in custody. sight and sound separated: The concept that juveniles should not be able to see or hear adult offenders when taken into police custody.

29. Slide 29 Processing of Juvenile Delinquents by Police • Although laws vary from state to state, many common police practices are still restricted when it comes to juvenile offenders. • Several states have per se attorney laws. per se attorney laws: Laws that require a juvenile to have an attorney present during any interrogation or other critical police proceeding. The per se aspect means that a juvenile cannot waive this right.

30. Slide 30 Processing of Juvenile Delinquents by Police Juveniles can be taken into custody by police for serious offenses or for status offenses such as curfew, truancy, and running away. curfew: Typically a municipal ordinance that restricts the hours a juvenile can be out in public. custody: Essentially the same as arrest for adults. truancy: A law that makes it illegal for youths not to attend school.

31. Slide 31 Processing of Juvenile Delinquents by Police Many states allow the detention of juveniles who are classified as CHINS, CINS, MINS, or PINS. CHINS, CINS, MINS, or PINS: Child In Need of Supervision, Conduct In Need of Supervision, Minor In Need of Supervision, Person In Need of Supervision. Variety of terms used in state statutes which broadly allow law enforcement officials to take juveniles into custody.

32. Slide 32 Processing of Juvenile Delinquents by Police Model policies serve as guides to police dealing with juveniles. model policies: Written policies composed by national organizations in an effort to standardize operating procedures at the local level.

33. Slide 33 Processing of Juvenile Delinquents by Police Common model policies state: • Juveniles should not be handcuffed to a stationary object for more than four hours. • A juvenile should not be left unattended when handcuffed. • Police are to make every effort to notify the parents of a juvenile taken into custody. • Juveniles must have a detention hearing within 48 hours. • Juveniles must have a parent, a lawyer, or other neutral party present for questioning. • Juvenile records are subject to heightened confidentiality.

34. Slide 34 Policing Status Offenders and Abused or Neglected Children • Police officials are often called upon to deal with status offenders and children in need of protection. • The responsibility for status offense enforcement lies solely with the police officer. Police generally enforce status offenses to protect the juvenile.

35. Slide 35 Policing Status Offenders and Abused or Neglected Children Status offenses give police a mechanism to control wayward juveniles who are not committing delinquent acts.

36. Slide 36 Policing Status Offenders and Abused or Neglected Children Police officers can also take juveniles into protective custody when the juvenile’s safety is in question. Factors may include: protective custody: Taking a minor into police custody to protect him or her from possible harm.

37. Slide 37 Policing Status Offenders and Abused or Neglected Children • Physical evidence of abuse such as bruises, burns, or other injuries • An obvious lack of adult supervision or protection • Any evidence of sexual abuse • Any evidence of neglect, including the failure to provide for a child’s basic needs.

38. Slide 38 SELF CHECK How do police typically respond to status offenders?

39. Slide 39 6.3 Police Discretion in Dealing with Juvenile Offenders • The police have a great deal of discretion in determining how to handle calls for service. discretion: The decision-making power police officers have in determining how to handle calls for service. The police have increased discretion in determining juvenile matters. • They have even greater discretion in juvenile matters.

40. Slide 40 Police Discretion in Dealing with Juvenile Offenders The course of action police take is based on: • State law • Departmental policies and practices • The thoughts and practices of individual officers

41. Slide 41 Police Discretionary Decisions in the Processing of Juveniles Formal Detain and refer to juvenile court. Formal referral to juvenile court (no detention). Formal referral to diversionary program. Recommended referral to juvenile program. Transport to police station and release to parent or guardian (station adjustment). Transport to juvenile’s home and release to parent or guardian. Release at scene and notify parent or guardian. Informal adjustment, release at scene. Ignore the behavior. Level of Formality Informal FIGURE 6-4

42. Slide 42 Police Discretion in Dealing with Juvenile Offenders Police departments attempt to limit discretion with written policies and procedures. Successful policies provide guidance for action without rigidity because:

43. Slide 43 Police Discretion in Dealing with Juvenile Offenders • It is impossible to predict every situation that might occur. • Even if most situations could be written into policy, the standard operating procedure (SOP) manual would be too complex. SOP manual: Standard operating procedure manual. The compilation of policies and procedures for each law enforcement agency.

44. Slide 44 Police Discretion in Dealing with Juvenile Offenders • Policies created in response to officers’ mistakes sound negative and create a difficult atmosphere in a department.

45. Slide 45 Factors Influencing Police Decision Making in Juvenile Delinquency Cases • The presence of a parent or other responsible adult willing to take responsibility for the juvenile • The available space in the jurisdiction’s detention facility • Whether the officer personally knows the juvenile or his or her family • The availability of alternative placements and/or programs to which to refer the juvenile • The style of the police department • The SOP of the police department • The officer’s judgment and gut feelings • The offense committed or attempted • The appearance and demeanor of the youth • The juvenile’s age • The juvenile’s maturity level • The nature and seriousness of any injuries resulting from the juvenile’s actions • The nature and number of prior contacts with police and juvenile justice system • The juvenile’s flight risk • Whether or not the juvenile is a gang member FIGURE 6-5

46. Slide 46 Police Discretion in Dealing with Juvenile Offenders Youths less likely to be stopped: Youths more likely to be stopped by police are: • Minorities • Behaving suspiciously • Living or loitering in high crime areas • Dressing sloppily or in gang fashion • Showing disrespect to an officer • Are dressed neatly • Have a pleasant demeanor • Talk politely to police

47. Slide 47 MYTH FACT The police are required to make an arrest when a juvenile commits a crime or other delinquent act. Many times, juveniles are not referred to juvenile court. Police officers typically do a station adjustment which involves lecturing the juvenile at the station. Records are not kept in station adjustments, so it is difficult to measure their exact frequency.

48. Slide 48 Police Discretion in Dealing with Juvenile Offenders Sometimes, a police officer takes a juvenile into custody and transports him or her to a detention facility only to have the intake officer refuse to admit the juvenile because of lack of bed space or other factors. intake officer: The person at a detention facility responsible for processing a juvenile into the facility. They often have the authority to refuse to take a juvenile into custody.

49. Slide 49 Police Attitudes Toward Juveniles • Some police officers view juvenile matters as low priority crimes. • However, if these minor problems are ignored, they tend to lead to bigger problems with the juveniles and the community.

50. Slide 50 Police Attitudes Toward Juveniles • Many officers view juvenile issues as fundamental to the police role of preventing crime and participate in police athletic leagues, such as D.A.R.E., G.R.E.A.T., and various other programs.