1 CJ420 Juvenile Justice Juveniles and the Police / Key Figures in Juvenile Court Proceedings Unit 6 Seminar Jeff Collins

22 Juveniles and the Police Police work with juveniles Although the juvenile courts began to appear as early as 1899, special officers to deal with juveniles did not begin to appear for about 30 or more years. The first bureau for policing juveniles was instituted by August Vollmer in California. By the 1980s most major cities had specialized juvenile police and programs. Most juvenile officers operate either as specialists or as part of a juvenile unit of a police department. Although the juvenile courts began to appear as early as 1899, special officers to deal with juveniles did not begin to appear for about 30 or more years. The first bureau for policing juveniles was instituted by August Vollmer in California. By the 1980s most major cities had specialized juvenile police and programs. Most juvenile officers operate either as specialists or as part of a juvenile unit of a police department. The arrest procedure – taking into custody Probable cause to make a legal arrest is the same for adults and juveniles. That is, reasonable grounds to believe that an offense was committed and that the accused committed that offense. The scope of offenses is broader for juveniles with status offenses on top of other criminal acts. Probable cause to make a legal arrest is the same for adults and juveniles. That is, reasonable grounds to believe that an offense was committed and that the accused committed that offense. The scope of offenses is broader for juveniles with status offenses on top of other criminal acts.

Juveniles and the Police Police Discretion It is well established that a considerable amount of police discretion (individual judgment concerning the type of action to take) is exercised in handling juveniles. It is well established that a considerable amount of police discretion (individual judgment concerning the type of action to take) is exercised in handling juveniles. Legal factors influencing officer discretion: Seriousness of offense – status? misdemeanor? felony? Seriousness of offense – status? misdemeanor? felony? Frequency of offense – first time or habitual? Frequency of offense – first time or habitual? Prior/current involvement in juvenile system Prior/current involvement in juvenile system 3

Juveniles and the Police These factors make the biggest difference on the actions taken by the officer. There are, of course, a number of other factors that have influence: The wishes of the complainant The wishes of the complainant The nature of the violation The nature of the violation The race, attitude, and gender of the offender The race, attitude, and gender of the offender Knowledge about prior police contacts with the juvenile in question Knowledge about prior police contacts with the juvenile in question The perceived ability and willingness of the juvenile’s parents to cooperate in solving the problem The perceived ability and willingness of the juvenile’s parents to cooperate in solving the problem The setting or location (private or public) in which the encounter occurs The setting or location (private or public) in which the encounter occurs Adolescents who are out late at night Adolescents who are out late at night The age of the police officer The age of the police officer Laws, statutes, and ordinances Laws, statutes, and ordinances 4

Juveniles and the Police Extra legal factors influencing officer discretion: Race – the color of your skin should have no bearing on how you are treated Race – the color of your skin should have no bearing on how you are treated Gender – males and females should be treated equally Gender – males and females should be treated equally Social class – how much money your parents make or the type of home you live in should have no bearing on how you are treated Social class – how much money your parents make or the type of home you live in should have no bearing on how you are treated Unfortunately, these factors do still influence officers, and this is racism, classism, and sexism at its worst 5

Juveniles and the Police Personal/Situational factors influencing officer discretion: Demeanor of kid – Polite or smarts off to officer? Demeanor of kid – Polite or smarts off to officer? Family situation – Is the family a safe place for the youth to be? Can they adequately provide supervision? Family situation – Is the family a safe place for the youth to be? Can they adequately provide supervision? Victim/citizen complaint – How vocal and actively the victim wants an arrest, the more the officer will be influenced Victim/citizen complaint – How vocal and actively the victim wants an arrest, the more the officer will be influenced 6

Juveniles and the Police Other factors that influence officer discretion: Peer associates – Are the youth’s friends delinquent? Peer associates – Are the youth’s friends delinquent? Individual characteristics – Age, maturity, and attitude of youth play important roles in officer decisions Individual characteristics – Age, maturity, and attitude of youth play important roles in officer decisions Juvenile justice characteristics – Is there a place to put the kid since its past midnight and no facility in county? Juvenile justice characteristics – Is there a place to put the kid since its past midnight and no facility in county? Unofficial procedures: “juvenile card” – briefly reprimand the youth, release, and submit a statement concerning incident “juvenile card” – briefly reprimand the youth, release, and submit a statement concerning incident 7

Juveniles and the Police Official procedures: “Station house adjustment” – youth, officer, and parents handle situation voluntarily “Station house adjustment” – youth, officer, and parents handle situation voluntarily Or decision is made to arrest the youth and request state attorney to file a petition Or decision is made to arrest the youth and request state attorney to file a petition Mandated reporting – officers are bound by law to be mandated reporters of child abuse and neglect. 8

Juveniles and the Police Child abuse investigations – after receiving the referral 1. remain objective 2. follow state guidelines 3. provide resource information about services available 4. interview child alone 5. make sure you reveal your purpose for being there 6. ensure best treatment for child Child abuse investigations – preliminary report 1. dates are important for history and establishing timelines 2. find out instrument of abuse and cover elements of crime 3. listen to what the children say 4. record atmosphere and demeanor of participants in complaint 9

Juveniles and the Police Child abuse investigations – preserving crime scene 1. treat as crime scene whether offense occurred at present or in the past 2. secure instrument of abuse and other evidence 3. photograph scene and child; photos may also need to be taken later as injuries become more visible 3. photograph scene and child; photos may also need to be taken later as injuries become more visible Child abuse investigations – follow up 1. be supportive and optimistic 2. arrange for medical exams, transportation, changes of clothing if necessary 3. use appropriate investigative techniques 4. make sure family has access to appropriate resources for help and therapy 5. leave information on how to contact a detective assigned to the case 5. leave information on how to contact a detective assigned to the case 10

Juveniles and the Police Child abuse investigations – court phase 1. visit court with child to familiarize him/her 2. prepare exhibits to support testimony 3. file evidence according to state/court policy 4. unless suspects, keep family updated and tell them when case is closed and the final results of court determinations 5. follow up with probation department on presentence report and victims impact statement 11

Juveniles and the Police Training and Competence of Juvenile Officers College degree required more now College degree required more now More training specifically related to youth in police departments More training specifically related to youth in police departments Visiting schools and professional associations Visiting schools and professional associations Police-School Consultant and Liaison Programs These programs involve more than simply providing security through police presence in the schools. Rather, the programs attempt to foster a more personal relationship between juveniles and the police by using police officers in counseling settings, by improving communications between the police and school officials, and by increasing student knowledge of the law and the consequences of violations. These programs involve more than simply providing security through police presence in the schools. Rather, the programs attempt to foster a more personal relationship between juveniles and the police by using police officers in counseling settings, by improving communications between the police and school officials, and by increasing student knowledge of the law and the consequences of violations. Police-school liaison officers are located in schools and serve as sources of information and counselors for students. Police-school liaison officers are located in schools and serve as sources of information and counselors for students. 12

Juveniles and the Police Other school-based police involvement: DARE – drug abuse prevention program DARE – drug abuse prevention program GREAT – gang resistance program GREAT – gang resistance program Official Procedures Search and seizure – applies same to juveniles Search and seizure – applies same to juveniles Self-incrimination – applies the same to juveniles plus in many states parents also must be notified and present when questioning occurs Self-incrimination – applies the same to juveniles plus in many states parents also must be notified and present when questioning occurs Detention in adult facilities is extremely limited in time and situation; detention in juvenile center is ideal Detention in adult facilities is extremely limited in time and situation; detention in juvenile center is ideal Documentation is to be kept separate from adults and kept confidential for the most part; photographs may be taken but also primarily kept from outsiders Documentation is to be kept separate from adults and kept confidential for the most part; photographs may be taken but also primarily kept from outsiders 13

Juvenile Court Proceedings Juvenile prosecutor – Brings states case against the juvenile. For the first 60 years the court did not use a juvenile prosecutor, but they are found today in the more legalistic juvenile court. Less able to exercise discretion today due to recently enacted statutes. Less able to exercise discretion today due to recently enacted statutes. Less likely to bring case to court if: 1. Lack of evidence 2. Lack of probable cause 3. Lack of due process 4. Caseload too great and case not serious enough 4. Caseload too great and case not serious enough 14

Juvenile Court Proceedings Today the prosecutor is a key figure in juvenile justice because he or she determines whether or not a case will go to court, most waiver decisions, the nature of the petition, and (to a large extent) the disposition of the case after adjudication (the judge seldom imposes more severe punishment than is recommended by the prosecutor). Today the prosecutor is a key figure in juvenile justice because he or she determines whether or not a case will go to court, most waiver decisions, the nature of the petition, and (to a large extent) the disposition of the case after adjudication (the judge seldom imposes more severe punishment than is recommended by the prosecutor). In addition, there is a tendency on the part of some prosecutors to impose unofficial probation. The prosecutor indicates that he or she has a prosecutable case but also indicates that prosecution will be withheld if the suspect in question agrees to behave according to certain guidelines. In addition, there is a tendency on the part of some prosecutors to impose unofficial probation. The prosecutor indicates that he or she has a prosecutable case but also indicates that prosecution will be withheld if the suspect in question agrees to behave according to certain guidelines. 15

Juvenile Court Proceedings Juvenile prosecutor (cont.) In addition to enforcing the law and representing the state, the prosecutor has many of the following duties in juvenile justice proceedings: In addition to enforcing the law and representing the state, the prosecutor has many of the following duties in juvenile justice proceedings: Investigates possible violations of the law Investigates possible violations of the law Cooperates with the police, intake officers, and probation officers regarding the facts alleged in petitions Cooperates with the police, intake officers, and probation officers regarding the facts alleged in petitions Authorizes, reviews, and prepares petitions for the court Authorizes, reviews, and prepares petitions for the court Plays a role in the initial detention or temporary placement process Plays a role in the initial detention or temporary placement process Represents the state in all pretrial motions, probable-cause hearings, and consent decrees Represents the state in all pretrial motions, probable-cause hearings, and consent decrees Represents the state at transfer and waiver hearings Represents the state at transfer and waiver hearings 16

Juvenile Court Proceedings Juvenile prosecutor (cont.) Juvenile prosecutor (cont.) May recommend physical or mental examinations May recommend physical or mental examinations Seeks amendments or dismissal of filed petitions if appropriate Seeks amendments or dismissal of filed petitions if appropriate Represents the state at adjudication of cases Represents the state at adjudication of cases Represents the state at disposition of cases Represents the state at disposition of cases Enters into plea bargaining discussions with defense attorneys Enters into plea bargaining discussions with defense attorneys Represents the state on appeals or in habeas corpus proceedings Represents the state on appeals or in habeas corpus proceedings Is involved in hearings dealing with violations of probation Is involved in hearings dealing with violations of probation 17

Juvenile Court Proceedings Defense attorney – Role similar to that in civil and criminal court for adults Helps clarify jurisdictional problems and decide if there is sufficient evidence to support filing a petition Helps clarify jurisdictional problems and decide if there is sufficient evidence to support filing a petition Helps outline the child’s position in detention hearings and bail Helps outline the child’s position in detention hearings and bail Explores alternatives for informal adjustment of the case Explores alternatives for informal adjustment of the case If no adjustment or diversion option then he/she defends child at adjudication, presenting evidence and cross-examining witnesses If no adjustment or diversion option then he/she defends child at adjudication, presenting evidence and cross-examining witnesses At dispositional hearing they present evidence bearing on the treatment decision and offer alternatives to judge At dispositional hearing they present evidence bearing on the treatment decision and offer alternatives to judge May pursue appeals and represent the child at probation proceedings May pursue appeals and represent the child at probation proceedings 18

Juvenile Court Proceedings Public defenders – Many work over 500 cases a year Many work over 500 cases a year Lack resources for independent evaluations, expert witnesses, and investigatory services Lack resources for independent evaluations, expert witnesses, and investigatory services They are often inexperienced, lack training in juvenile court proceedings, low salary and low morale They are often inexperienced, lack training in juvenile court proceedings, low salary and low morale Are often unable to keep up with changing legal codes Are often unable to keep up with changing legal codes Plea bargaining – negotiations between prosecutor and defense attorney to find best disposition for case while saving time and money on court proceedings Relationship between the prosecutor and defense attorney: adversarial or cooperative? 19

Juvenile Court Proceedings Juvenile Court Judge – An elected or appointed judge who presides over juvenile cases and whose decisions can only be reviewed by a judge of a higher court “Parent figure” judge – focused primarily on the youth’s best interests “Parent figure” judge – focused primarily on the youth’s best interests “Law-giver” judge – focused primarily on proper procedures “Law-giver” judge – focused primarily on proper procedures 20

Juvenile Court Proceedings Juvenile Probation Officer – Supervises youth allowed to remain in community Supervises youth allowed to remain in community Has power to revoke probation for violations of probation agreement Has power to revoke probation for violations of probation agreement Coordinates services provided to youth (mental health, vocational, etc.) Coordinates services provided to youth (mental health, vocational, etc.) Role identity confusion – the problem that occurs when one job has many different and competing roles and expectations (often a problem faced by probation officers) Role identity confusion – the problem that occurs when one job has many different and competing roles and expectations (often a problem faced by probation officers) 21

Juvenile Court Proceedings Children and family services personnel – Do not work for court, but play major role in investigations, presentation of evidence, and dispositional recommendations Children and family services personnel – Do not work for court, but play major role in investigations, presentation of evidence, and dispositional recommendations Guardian ad litem – A court appointed attorney who protects the interests of the child in cases involving the child’s welfare. Usually seen in abuse, neglect, and dependency cases or when child feels his/her parents and counsel are not working in favor of the child’s interests Guardian ad litem – A court appointed attorney who protects the interests of the child in cases involving the child’s welfare. Usually seen in abuse, neglect, and dependency cases or when child feels his/her parents and counsel are not working in favor of the child’s interests Court Appointed Special Advocates (CASA) – Usually volunteers who supply the court with alternatives in placement focusing on best interest of child 22

Juveniles and the Police / Key Figures in Juvenile Court Proceedings Any Questions? Any Questions? Have a Grate Week! Have a Grate Week! 23