CHAPTER Juvenile Justice Police and Juveniles. CHAPTER Juvenile Justice Police and Juveniles CHAPTER...

CHAPTER

Juvenile Justice

Police and Juveniles

CHAPTER

Juvenile Justice


CHAPTER OBJECTIVESCHAPTER OBJECTIVES

After completing this chapter, you should be able to:

1. Explain the role of police through the history of juvenile justice.

2. Describe the various police styles.3. Explain how the police process juvenile cases.4. Describe the role of police in handling status

offenders and abused or neglected children.5. Explain the discretionary options a police officer

can exercise in juvenile cases.

Slide 2

CHAPTER

Juvenile Justice


CHAPTER OBJECTIVES (continued)CHAPTER OBJECTIVES (continued)

After completing this chapter, you should be able to:

6. List factors that influence police decisions in juvenile cases.

7. Compare police attitudes about juveniles with juveniles’ attitudes about police.

8. Identify some intervention programs operated by police.

9. Explain how community-oriented policing affects juvenile cases.

Slide 3

CHAPTER

Juvenile Justice

Police and Juveniles 6.1 The Central Role of Police Agencies

in the Juvenile Justice SystemThe 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

Slide 4

CHAPTER

Juvenile Justice


The programs and specific police responsibilities vary greatly by jurisdiction. One common characteristic is that police are the gatekeepers of the juvenile justice system.

The Central Role of Police Agencies in the Juvenile Justice System

Slide 5

CHAPTER

Juvenile Justice



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.

Slide 6

CHAPTER

Juvenile Justice



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.

Slide 7

CHAPTER

Juvenile Justice


MYTHMYTH FACTFACTJuveniles are committing more and more violent crimes in American society.

The rates of violent crime committed by juveniles has been steadily decreasing since 1994.

Slide 8

CHAPTER

Juvenile Justice


SELF CHECKSELF CHECK

Why are police considered the gatekeepers of the juvenile justice system?

Slide 9

CHAPTER

Juvenile Justice


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.

Slide 10

CHAPTER

Juvenile Justice


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.

Slide 11

CHAPTER

Juvenile Justice


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.

Slide 12

CHAPTER

Juvenile Justice


The Changing Role of PolicePolice history is generally divided into three periods:

• Traditional period (or political period)

• Professional period

• Community-oriented period

Slide 13

CHAPTER

Juvenile Justice


The Changing Role of PoliceIn 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.

Slide 14

CHAPTER

Juvenile Justice


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.

Slide 15

CHAPTER

Juvenile Justice



Juveniles were treated just like other offenders until the passage of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDP Act).

Slide 16

CHAPTER

Juvenile Justice



In addition, the labeling theory resulted in a shift in thinking about how to treat juveniles, including restrictions on fingerprinting, photographing, and record-keeping.

Slide 17

CHAPTER

Juvenile Justice


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.

Slide 18

CHAPTER

Juvenile Justice


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

Slide 19

CHAPTER

Juvenile Justice



Wilson also identified three styles of law enforcement agencies:

• Legalistic

• Watchman

• Service

Slide 20

CHAPTER

Juvenile Justice



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.

Slide 21

CHAPTER

Juvenile Justice



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;

Slide 22

continued

CHAPTER

Juvenile Justice


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;

Slide 23

continued

CHAPTER

Juvenile Justice


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.

Slide 24

CHAPTER

Juvenile Justice



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.

Slide 25

CHAPTER

Juvenile Justice


Processing of Juvenile Delinquents by Police

Procedures followed by police when a juvenile is accused of committing a crime are fairly consistent across jurisdictions.

Slide 26

CHAPTER

Juvenile Justice



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.

Slide 27

CHAPTER

Juvenile Justice



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.

Slide 28

CHAPTER

Juvenile Justice



• 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.

Slide 29

CHAPTER

Juvenile Justice



Juveniles can be taken into custody by police for serious offenses or for status offenses such as curfew, truancy, and running away.

custody: Essentially the same as arrest for adults.

curfew: Typically a municipal ordinance that restricts the hours a

juvenile can be out in public.

truancy: A law that makes it illegal for youths not to attend school.

Slide 30

CHAPTER

Juvenile Justice



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.

Slide 31

CHAPTER

Juvenile Justice



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.

Slide 32

CHAPTER

Juvenile Justice



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.

Slide 33

CHAPTER

Juvenile Justice


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.

Slide 34

CHAPTER

Juvenile Justice



Status offenses give police a mechanism to control wayward juveniles who are not committing delinquent acts.

Slide 35

CHAPTER

Juvenile Justice



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.

Slide 36

CHAPTER

Juvenile Justice



• 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.

Slide 37

CHAPTER

Juvenile Justice



How do police typically respond to status offenders?

Slide 38

CHAPTER

Juvenile Justice


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.

• They have even greater discretion in juvenile matters.

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.

Slide 39

CHAPTER

Juvenile Justice


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

Slide 40

CHAPTER

Juvenile Justice


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.

Formal

Informal

Level

of

Formality

Police Discretionary Decisions in the Processing of Juveniles

FIGURE 6-4

Slide 41

CHAPTER

Juvenile Justice



Police departments attempt to limit discretion with written policies and procedures. Successful policies provide guidance for action without rigidity because:

Slide 42

CHAPTER

Juvenile Justice



• 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.

Slide 43

CHAPTER

Juvenile Justice



• Policies created in response to officers’ mistakes sound negative and create a difficult atmosphere in a department.

Slide 44

CHAPTER

Juvenile Justice


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

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

Factors Influencing Police Decision Making in Juvenile Delinquency Cases

FIGURE 6-5

Slide 45

CHAPTER

Juvenile Justice



Youths less likely to be stopped:• Are dressed neatly• Have a pleasant demeanor• Talk politely to police

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

Slide 46

CHAPTER

Juvenile Justice


MYTHMYTH FACTFACTThe 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.

Slide 47

CHAPTER

Juvenile Justice



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.

Slide 48

CHAPTER

Juvenile Justice


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.

Slide 49

CHAPTER

Juvenile Justice


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.

Slide 50

CHAPTER

Juvenile Justice


Police Attitudes Toward JuvenilesPolice officers tend to have a love/hate relationship with juveniles. • When juveniles are victimized, police

officers take the situation very seriously.

• When juveniles are the offenders, officers tend to be divided in their views about how best to handle the situation.

Slide 51

CHAPTER

Juvenile Justice


Juveniles’ Attitudes Toward PoliceJuveniles also have a love/hate relationship with police.

• When juveniles are the victims, police are often their saviors and the only role model the juveniles have.

• When juveniles are the offenders, they tend to view the police as harassing them.

Slide 52

CHAPTER

Juvenile Justice



1. What are the responsibilities of juvenile departments?

2. What role do intake officers play when a juvenile is taken into custody?

Slide 53

CHAPTER

Juvenile Justice


6.4 Police-Based Programs for Juveniles

Two of the most prominent police-based programs targeting juveniles are:• D.A.R.E. • G.R.E.A.T.

D.A.R.E.: A police program in which officers go to schools to educate youths on the dangers of drugs.

G.R.E.A.T.: A police program in which officers go to schools to educate youths on the dangers of gangs.

Slide 54

CHAPTER

Juvenile Justice


Police-Based Programs for Juveniles

In addition, many police departments and sheriffs’ offices operate boot camps.

boot camps: Military-style correctional programs where

juveniles are subjected to a rigorous regimen of training and education.

Slide 55

CHAPTER

Juvenile Justice



• D.A.R.E., G.R.E.A.T., and boot camps have recently come under increased scrutiny with evaluation research showing the limited effect of the programs, especially D.A.R.E.

• Despite the negative results of the research, many police agencies continue to sponsor these and other similar programs.

Slide 56

CHAPTER

Juvenile Justice



• One service-oriented program that attempts to occupy a juvenile’s time is a police athletic league (PAL).

police athletic league (PAL): A police program focusing on recreation and sports

designed to reduce delinquency and increase youth’s commitments to legitimate activities.

Slide 57

CHAPTER

Juvenile Justice



Other types of police programs focus more on direct intervention with juveniles and the images of police in the community:

• Police explorer posts

police explorer posts: Police programs for younger adolescents, often associated with Boy Scouting,

designed to teach youths about policing.

police explorer posts: Police programs for younger adolescents, often associated with Boy Scouting,

designed to teach youths about policing.

Slide 58

CHAPTER

Juvenile Justice



• Police cadet programs

police cadet programs: Police programs designed for older

adolescents and college students that allow participants to perform some police tasks and learn about

law enforcement.

Slide 59

CHAPTER

Juvenile Justice



Describe the PAL program.

Slide 60

CHAPTER

Juvenile Justice


6.5 New Directions in Working with Juveniles in Policing

The advent of Community-Oriented Policing (COP) has resulted in the police taking a broader approach to the problem of juvenile crime by:• Creating innovative programs to deal with

juveniles who have committed crimes and those at risk.

• Becoming more active in community life.

Slide 61

CHAPTER

Juvenile Justice


New Directions in Working with Juveniles in Policing

• Recent research has indicated that the peak hours juveniles commit crime are between 2:00 p.m. and 8:00 p.m., particularly between 3:00 p.m. and 4:00 p.m.

• These statistics have led researchers to conclude that after-schools programs would be appropriate to reduce juvenile crime.

Slide 62

CHAPTER

Juvenile Justice


New Directions in Working with Juveniles in Policing

• Whether the police should be administering after-school programs remains under debate, although the programs have proven effective in reducing juvenile crime.

• However, it is much more cost-effective to run these programs with volunteers and recreational program coordinators, rather than sworn officers.

Slide 63

CHAPTER

Juvenile Justice



What are the peak hours for juvenile crime?

Slide 64

CHAPTER

Juvenile Justice

END OF CHAPTER

CHAPTER Juvenile Justice Police and Juveniles. CHAPTER Juvenile Justice Police and Juveniles CHAPTER...

Documents

Transcript of CHAPTER Juvenile Justice Police and Juveniles. CHAPTER Juvenile Justice Police and Juveniles CHAPTER...