Chapter Seven 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 bureaus 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, a 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 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 These factors make a big difference on the actions taken by the officer 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 parent’s make or the type of home you live in should have no bearing on how you are treated Social class – how much money your parent’s 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

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 active the victim wants an arrest, the more the officer will be influenced Victim/citizen complaint – how vocal and active the victim wants an arrest, the more the officer will be influenced Departmental policy influences officer discretion: more legalistic in style, the more arrests made more legalistic in style, the more arrests made fewer arrests when policies involve watchman or service style fewer arrests when policies involve watchman or service style 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?

Juveniles and the Police 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 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.

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 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

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 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

Juveniles and the Police 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 Police-school liaison officers First developed in Flint, MI., and has since become a unique source of information and counseling First developed in Flint, MI., and has since become a unique source of information and counseling

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 SANE – drug and conflict resolution problem SANE – drug and conflict resolution problem Youth Focused Community Policing (YFCP) Police work with community to pool information to best handle problems with juveniles Police work with community to pool information to best handle problems with juveniles Serious Habitual Offender Comprehensive Action Program (SHOCAP) (Used in Illinois) A multidisciplinary, interagency case management approach to sharing information to help watch and make decisions about serious youthful offenders (Used in Illinois) A multidisciplinary, interagency case management approach to sharing information to help watch and make decisions about serious youthful offenders