CHAPTER 12 POLICE WORK WITH JUVENILES LEARNING OBJECTIVES

CHAPTER 12: POLICE WORK WITH JUVENILES

LEARNING OBJECTIVES After reading this chapter, students should: 1. Be able to identify key historical events that shaped juvenile policing in America today have 2. Understand key roles and responsibilities of the police in responding to juvenile offenders 3. Understand key legal aspects of police work and how they apply to juveniles 4. Be able to describe police use of discretion and factors that influence discretion 5. Be familiar with the major policing strategies to prevent delinquency

HISTORY OF JUVENILE POLICING § Specialized police services for juveniles is a recent phenomenon § Historical development of police organizations § Pledge system § Neighbors protect each other § Watch system : § Created to police larger communities § Bobbies : § 1 st organized police force in London, in 1829 § Sheriff : § In the American colonies § Historical development of working with juveniles § Delinquency control squads § Law Enforcement Assistance Administration § Juvenile police officer

POLICE AND JUVENILE OFFENDERS § Primary responsibility is protection of public § Community policing emphasizes partnerships with the community to address crime problems § Juvenile officers operate as specialists or are members of a special unit § Police Officer : § To intervene when actions of a citizen produce public danger or disorder § Juvenile Officers : § § Have had some general patrol experience A desire to work with juveniles Have a thorough knowledge of the law Undergo special training

POLICE AND JUVENILE OFFENDERS § Sometimes conflicts can arise when police are dealing with juveniles § Primary duty of law enforcement vs. desire to rehabilitate youth § Best interests of child vs. discretion § Attitudes toward police: § Race: African American teens rated the police less favorably than all other racial groups § Police contact: juveniles with prior police contact hold less favorable attitudes toward police § Victims: juvenile crime victims are much less likely than adult victims to contact the police § Use of juveniles as informants § True role of juvenile officer exists somewhere between law enforcer and delinquency prevention worker

POLICE AND VIOLENT JUVENILE CRIME § Violent crime includes homicide, rape, robbery, aggravated assault, and kidnapping § Juveniles account for 13% of all violent crime arrests § Police experiment with various methods of violent juvenile crime control : § Directed patrols of hot spots § Proactive arrests of serious offenders § Problem oriented policing: addressing the problems underlying incidents of juvenile delinquency rather than the incidents alone § Improving community connections is essential to combating violent juvenile crime

QUESTION 1. Handling juvenile offenders can produce major ______ for police; they may experience a tension between their desire to perform what they consider their primary duty, law enforcement, and the need to aid in the rehabilitation of youthful offenders. a. moral dilemmas b. role conflicts c. migraines d. legal uncertainties

FIGURE 12. 1 POLICE RESPONSE TO JUVENILE CRIME

POLICE AND THE RULE OF LAW § Arrest of juveniles: § Requires probable cause § The main difference between arrests of adults and juveniles is the broader latitude police have to control youthful behavior § In loco parentis § “In place of the parent” § Serves as basis for taking juveniles into custody § Search and seizure: § Most courts have held that the 4 th amendment ban applies to juveniles and that illegally seized evidence is inadmissible in a juvenile trial § Arizona v. Gant (2009): § A person may be searched after a legal arrest, but only in the immediate area of the suspect’s control § See Concept Summary 12. 1 for information on warrantless searches

QUESTION 2. Juveniles account for what percent of all violent crime arrests? a. 6% b. 13% c. 16% d. 21%

QUESTION 3. The FBI estimates that almost two-thirds of all juvenile arrests are: a. referred to juvenile court b. referred to another agency c. referred to criminal court d. handled informally and released

POLICE AND THE RULE OF LAW § Custodial interrogation § Miranda v. Arizona (1966): They have the right to remain silent Any statement they make can be used against them They have the right to counsel If they cannot afford counsel, it will be furnished at the public expense § Miranda rights apply to children taken into custody § § § In re Gault (1967) § Stated that constitutional privileges against selfincrimination are applicable in juvenile cases too § Most courts hold that parents or attorneys need not be present for children to effectively waive their rights § The general rule is that juveniles can waive their right to protection from self-incrimination, but the validity of this waiver is determined case by case

QUESTION 4. Which of the following is the legal standard that allows the police to make an arrest for felonies they did not witness? a. reasonable suspicion b. beyond a reasonable doubt c. absolute certainty d. probable cause

QUESTION 5. The protection against unreasonable searches and seizures is contained within the ________ Amendment. a. First b. Fourth c. Fifth d. Sixth

QUESTION 6. What U. S. Supreme Court case made the Miranda warning applicable to juveniles taken into custody? a. People v. Lara b. in re Gault c. Miranda v. Arizona d. Breed v. Jones

Lawsuit Filed for Illegal Search – Current Example Ø In October 2011, five young men filed a federal lawsuit against the City of Atlanta and 14 police officers for illegal searches and false imprisonment. Wilson, a 17 year-old young man who was accused of being a drug dealer, was beaten and strip searched twice on the side of the road by the officers. However, no drugs or contraband were found during the search. ü Do you believe Wilson’s rights were violated? ü What could the police do to better handle the situation? ü Assuming you do agree that Wilson’s rights were violated, what should happen to the police offers who did this?

DISCRETIONARY JUSTICE § Juveniles enjoy nearly identical procedural protections as adults § Police have broader discretion in dealing with juveniles § Factors affecting police discretion with juveniles: § Formal action: § Fair and just manner § The seriousness of the crime § The situation in which it occurred § Legal record of the juvenile § Formal action will likely occur if: § The crime is serious and has been reported by a victim who is a respected member of the community, and if the offender is well know to them

QUESTION 7. The right to remain silent, right to an attorney, and the idea that statements made voluntarily will be used against the person make up the: a. Discretionary waiver b. Miranda warning c. totality of the circumstances d. Juvenile Rights Waiver

DISCRETIONARY JUSTICE § Other factors that determine police discretion: § Environmental Factors § Norms of the community § Community alternatives to police intervention § Police policy § Directives § Voter satisfaction § Pressure from supervisors § Justice in Policing § Procedural justice: § An evaluation of the fairness of the manner in which an offender’s or another group’s problem or dispute was handled by police

DISCRETIONARY JUSTICE, CONT. § Other factors that determine police discretion: § Situational factors § § § The attitude of the juvenile The contriteness of the offender The type and seriousness of the offense The race, sex, and age of the offender The offender’s prior contacts with the police The perceived willingness of the parents to assist in solving the problem (in the case of a child) § The setting or location in which the incident occurs § Whether the offender denies the actions or insists on a court hearing (in the case of a child) § The likelihood that a child can be served by an agency in the community

BIAS AND POLICE DISCRETION § Do police allow bias to affect arrest decisions with juveniles? § Racial Bias: § Racial bias shown to be present in system, especially for African American youth § “Driving While Black” § Gender Bias: § Chivalry hypothesis suggests gender bias in favor of young girls is present in the system § Others believe that police are less likely to arrest female offenders because their actions violate officers’ stereotypes of the female

QUESTION 8. According to the text, which of the following is a source of police discretion? a. environmental factors b. department policy c. situational factors d. all of the above

TABLE 12. 1 AFRICAN AMERICAN REPRESENTATION IN ARREST STATISTICS

BIAS AND POLICE DISCRETION § Do police allow bias to affect arrest decisions with juveniles? § Racial Bias § Departments that are highly bureaucratized and at the same time unprofessional are most likely to be insulated from the communities they serve § Stereotypes of lower class neighborhoods often result in biased police discretion and actions when crimes occur in these areas § Literature shows that police are more likely to “hassle” or arrest African American males in poor neighborhoods

QUESTION 9. Which racial group is less likely to believe the police are honest? a. White b. Hispanic c. African-American d. Asian

Cops Kill Youth – Current Example Ø Stephon Watts, a 15 year-old black teen with autism, was killed by two European American Calumet City (a Chicago suburb) police officers on February 3, 2012. Stephon’s father called the police after his son refused to go to school in the morning. Five officers responded to the call and three of them went to the basement to talk to Stephon. But instead of talking to him, two officers shot Stephon after he allegedly slashed the arm of one officer with a steak knife. ü Do you believe the police responded properly? ü How could the police have responded differently in this case?

POLICE WORK AND DELINQUENCY PREVENTION § Police engage in various forms of prevention: § Aggressive law enforcement § Saturation patrols, targeting gang members, arresting gang members for any violations § Police in Schools § School resource officers, GREAT, DARE, Community Outreach through Police in Schools § Community policing § Several initiatives: encourage officers to get out of their cars and do foot or bicycle patrols § Problem oriented policing § Involves systematic analysis and response to problems underlying criminal behavior; SARA

Police Activities League – Current Example Ø PAL, the Police Activities League (Police Athletic League) is an organization in many law enforcement departments that helps coach young people, both boys and girls, in sports, help with homework and other school-related activities, and to build character and leadership. The purpose of the organization is to help strengthen police-community relations and keep children off illegal drugs and away other illegal activities. ü Do you have a PAL in your community? ü If you do, have you ever participated in the program, or do you know anyone who has? ü If you don’t have one yet, should there be one in your community? Why?

FUTURE OF JUVENILE POLICING § There are many associated with addressing juvenile offenders: § Witness intimidation § Racial profiling § Poor relations with communities § Future strategies include: § Use of “soft” technologies such as IT systems § Using various forms of surveillance technology such as closed-circuit television (CCTV) § Community-based policing services, police in schools, problem-oriented policing

SUMMARY ü Identify key historical events that shaped current juvenile policing ü Understand key roles of police in responding to juvenile crime ü Know the organization and management of police services for juveniles ü Be aware of major court cases influencing police work with juveniles ü Understand key legal aspects of police work ü Describe police use of discretion with juveniles ü Be familiar with major policing strategies to prevent delinquency