Policing Juveniles

Police typically encounter juveniles when responding to a call.

Police try to treat minors with least restrictive alternative unless the case is considered a violent crime. Then they use strict enforcement strategies.

To make legal arrest police need probable cause:1. Offense took place2. Person appears to be the guilty party

In most encounters with juveniles, police do not make an arrest.

Policing Juveniles

In most encounters with juveniles, police do not make an arrest.

Police may arrest for status offenses, things adults would not be

arrested for, because they have in loco parentis authority.

Juveniles are protected by 4th and 5th amendments.

Policing Juveniles

Juveniles are protected by 4th and 5th amendments.

4th

To conduct a search, police need probable cause

– School officials need reasonable grounds– It is up to states for whether teachers may

search lockers and desks carte blanche

Policing Juveniles

Once arrested or taken into custody, juveniles are protected by 5th amendment.

5th

Kids must be informed of their rights.

Can a kid waive rights without a parent or attorney present?

Policing Juveniles

Can a kid waive rights without a parent or attorney present?

YesKids can waive their rights under the totality of

circumstances doctrine:The decision maker (kid) considered all the issues and circumstances of a case before judging the outcome; the suspect’s age, intelligence, and competency may be issues that influence his or her understanding and judgment.

Policing Juveniles

The police exercise discretion in deciding whom to arrest and whom to refer to juvenile court. They are a filter.

In surveys, most juveniles 10-17 report violating the law

30.3 million kids that age

Police have some contact with many, but the actual number of contacts is unknown since police often take no formal action—the majority are let go

Policing Juveniles

Discretion

So number of arrests is a lot less than contacts

As an example...Police in 1996 arrested 1,315,578

– They released 23.3%– Referred 1% to welfare agencies– Referred 1% to other police agencies– The sent 69% to juvenile court– And 6% to adult court

Policing Juveniles

Discretion

Community to community, Police leniency varies. Some communities may arrest only 10% of contacts versus 70%

Some show court referrals in all cases, but others show 4 out of 5

counseled and released.

Policing Juveniles

Discretion

The police filtering process is not random, but is affected by several criteria that help to determine who will be arrested and for what reasons

Police are humans too, using “Lazy Thinking”

Police believe they should arrest kids for minor offenses for which they would not arrest adults

– Their actions reflect the moral stance of society toward kids– Minor offense arrests outnumber serious offense arrests (70%)

Policing Juveniles

Discretion

Offense seriousness, however, is positively related to likelihood of arrest

Police are highly sensitive to public attitudes, arresting or releasing juveniles upon the wishes of the complainant.

– If societal attitudes toward blacks are worse, what will complainants want?

– If societal attitudes toward kids are worse, what will complainants want in juvenile’s cases?

– If societal attitudes are negative toward the poor?

Policing Juveniles

Discretion

Suspect’s history or reputation plays a role in decisions.

Parental factors such as single-parent homes matter.

Neighborhood plays a major role in determining whether to arrest.

If other referral options do not exist in an area, police are more likely to arrest.

Drunk persons are arrested more.

Policing Juveniles

Discretion

Police tend to treat girls and boys differently. – There is some evidence that girls are perceived as less criminal.– Girls who are arrested for status offenses are “taught a lesson”

more frequently than boys.

Police “read” kids’ behaviors – White and upper-class respect and demeanor are signs that the

kid is just getting into trouble rather than starting on a criminal career

Policing Juveniles

Discretion

Bias against minorities and lower classes is not dramatic– Rather, at each level in the system, kids from minority and lower-

class communities are perceived differently and are slightly more likely to be treated harshly. The small differences become big over time.

Policing Juveniles

Does Police Officers’ Race Matter? Yes: White officers are more likely to arrest

suspects than black officers Black officers are more likely to arrest black

suspects than white officers

Policing Juveniles

Discretion

Probably the most important decisions in law enforcement are made by the police, not judges or probation officers.

Results of police discretion: attitudes of cops can lead to differential treatment changes in attitudes can alter arrest statistics among kids does courts a favor with triage, otherwise overwhelmed less deliberate treatment of juveniles, policies ignored

Policing Juveniles

Police might need specialized training for appropriately handling juveniles.

Community policing is likely to enhance discretion for police in juvenile cases.

Police who deal with juveniles experience role conflict because acting as a law enforcer is often incompatible with helping kids avoid trouble for themselves.

How would you feel if trying to police children?