Reporting Juvenile Crime Measuring Juvenile Criminal Behavior Presented

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Reporting Juvenile Crime Measuring Juvenile Criminal Behavior Presented by: Zak Morton 1

Reporting Juvenile Crime Measuring Juvenile Criminal Behavior Presented by: Zak Morton 1

Objectives Clarify what to count as a Juvenile Arrest Review the process of compiling

Objectives Clarify what to count as a Juvenile Arrest Review the process of compiling the monthly Juvenile ASR report Clarify the difference between Race and Ethnic Origin Review Police Dispositions of Juveniles Under 16 Years of Age 2

Juvenile-Under 18 Years of Age FBI UCR Definition “For UCR purposes a juvenile arrest

Juvenile-Under 18 Years of Age FBI UCR Definition “For UCR purposes a juvenile arrest is counted when the circumstances are such that if the individual was an adult, an arrest would have been made. ” - Uniform Crime Reporting (UCR) Handbook 3

Measuring Criminal Activity Statistics are being gathered to measure criminal activity, not court activity

Measuring Criminal Activity Statistics are being gathered to measure criminal activity, not court activity or formal arrests 4

What does the ASR Report collect? Total number of persons “arrested”, cited, or summoned

What does the ASR Report collect? Total number of persons “arrested”, cited, or summoned for all Part I and Part II crimes during a specified month Demographic characteristics of persons arrested (age, sex, race, ethnic origin) The number of persons arrested, not the number of charges lodged 5

Components of a “Juvenile Arrest” probable cause “taken into custody”, or issued an appearance

Components of a “Juvenile Arrest” probable cause “taken into custody”, or issued an appearance ticket 6

“Taken Into Custody” “Taken into custody” means that the juvenile is no longer free

“Taken Into Custody” “Taken into custody” means that the juvenile is no longer free to leave regardless of whether he or she is 1. 2. 3. 4. 5. 6. handcuffed placed in a police vehicle brought to a police station taken directly to Family Court or secure detention given an appearance ticket OR warned and released without further action 7

“Warned and Released” Example #1 Juvenile male is taken into police custody after he

“Warned and Released” Example #1 Juvenile male is taken into police custody after he is observed shoplifting After questioning, the juvenile is warned by the police and released to his parents No formal charges are brought against the juvenile 8

“Warned and Released” Example #2 Juvenile is pulled over for speeding Vehicle search uncovers

“Warned and Released” Example #2 Juvenile is pulled over for speeding Vehicle search uncovers drug paraphernalia and a small quantity of marijuana Juvenile is detained by police until her legal guardian arrives at the scene Juvenile is released to legal guardian with no formal charges are lodged 9

What is NOT a “juvenile arrest”? If there is no probable cause, an arrest

What is NOT a “juvenile arrest”? If there is no probable cause, an arrest should NOT be counted on the ASR report. 10

Examples Teenagers in the town park after closing are instructed by police to leave.

Examples Teenagers in the town park after closing are instructed by police to leave. A juvenile taken into custody for his or her own protection, e. g. , neglect cases. Follow-up contact with young offenders by officers for the purpose of determining the offender’s progress. 11

Importance of ASR data In New York State, “juvenile arrest” data from the ASR

Importance of ASR data In New York State, “juvenile arrest” data from the ASR Report is the ONLY indicator of juvenile crime. Used to inform policy and funding decisions. Measure Disproportionate Minority Contact (DMC) Part of national data set 12

Preparing the ASR Report Arrests of Juveniles Under 18 years of age 13

Preparing the ASR Report Arrests of Juveniles Under 18 years of age 13

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Count People, Not Charges The ASR Report counts the number of people arrested, not

Count People, Not Charges The ASR Report counts the number of people arrested, not the number of charges lodged. 15

The Hierarchy Rule “If a person is arrested for multiple offenses that were committed

The Hierarchy Rule “If a person is arrested for multiple offenses that were committed simultaneously, only the offense highest in the hierarchy of UCR Crimes is counted. ” 16

Hierarchy Rule Example Two women are arrested for breaking into a car dealership after

Hierarchy Rule Example Two women are arrested for breaking into a car dealership after closing hours (Burglary). They stole cash from the dealership’s office safe (Larceny-theft) and two new automobiles from the garage (Motor Vehicle Theft). What offense should be reported? 17

Separation of Time and Place A person may be arrested multiple times during a

Separation of Time and Place A person may be arrested multiple times during a month for similar or different violations within a jurisdiction. When there is a separation of time between arrests, the agency must score each arrest separately. 18

Separation of Time and Place Example Man and woman parked in secluded location Gunman

Separation of Time and Place Example Man and woman parked in secluded location Gunman shoots and kills man, abducts woman, drives her across town and rapes her Two separate crimes – Homicide and Rape Hierarchy rule is not used due to separation of time and place 19

Classifying Race and Ethnic Origin 20

Classifying Race and Ethnic Origin 20

Race and Ethnic Origin Races: Black, White, American Indian or Alaskan Native, Asian or

Race and Ethnic Origin Races: Black, White, American Indian or Alaskan Native, Asian or Pacific Islander Ethnic Origin: Hispanic, Non-Hispanic 21

Classifying Race White: having origins in any of the original people of Europe, North

Classifying Race White: having origins in any of the original people of Europe, North Africa, or the Middle East. 22

Classifying Race Black: having origins in any of the black racial groups of Africa.

Classifying Race Black: having origins in any of the black racial groups of Africa. 23

Classifying Race American Indian or Alaskan Native: Having origins in any of the original

Classifying Race American Indian or Alaskan Native: Having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition. 24

Classifying Race Asian or Pacific Islander: Having origins in any of the original peoples

Classifying Race Asian or Pacific Islander: Having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or Pacific Islands. This includes, China, India, Japan, Korea, the Philippine Islands, and Samoa. 25

Ethnic Origin Hispanic: A person of Mexican, Puerto Rican, Cuban, South or Central American,

Ethnic Origin Hispanic: A person of Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish speaking culture, regardless of race. Non-Hispanic: All other people. 26

Determining Race and Ethnic Origin of Arrestees Use “best judgment” to determine the race

Determining Race and Ethnic Origin of Arrestees Use “best judgment” to determine the race AND ethnic origin of the person arrested. 27

Classifying Race and Ethnic Origin Example A 15 year old male is arrested after

Classifying Race and Ethnic Origin Example A 15 year old male is arrested after leaving a gas station without paying for the gas he pumped into his car. When police arrest him, he identifies himself as Puerto Rican. How should the arrestee be classified with regard to Race AND Ethnic Origin? 28

Use Your Best Judgment! ALWAYS indicate the race and ethnic origin of the person

Use Your Best Judgment! ALWAYS indicate the race and ethnic origin of the person arrested! Please do NOT leave either race and ethnic origin blank! 29

Juvenile Disposition Data Persons Under 16 Years of Age 30

Juvenile Disposition Data Persons Under 16 Years of Age 30

Police Disposition of Juveniles 31

Police Disposition of Juveniles 31

State vs. National Definitions New York State Definition – Under 16 Years of Age

State vs. National Definitions New York State Definition – Under 16 Years of Age National Definition - Under 18 Years of Age 32

Reconciling Juvenile Dispositions with the Juvenile ASR form Only report the disposition of juveniles

Reconciling Juvenile Dispositions with the Juvenile ASR form Only report the disposition of juveniles under 16 that were reported on the ASR Do NOT include juveniles that did not commit a UCR offense Total dispositions = total # of reported arrests of persons under 16 on the ASR 33

Law Enforcement Interventions 1. 2. 3. 4. 5. Handled Within Department and Released Referred

Law Enforcement Interventions 1. 2. 3. 4. 5. Handled Within Department and Released Referred to Juvenile Court or Probation Referred to Welfare Agency Referred to Other Police Agency Referred to Criminal or Adult Court 34

1. Handled within Department and Released Juvenile Under 16 years of age Arrested, but

1. Handled within Department and Released Juvenile Under 16 years of age Arrested, but not referred to family court No formal charge filed against the juvenile 35

2. Referred to Juvenile Court or Probation Include all Under-16 Juveniles referred to probation

2. Referred to Juvenile Court or Probation Include all Under-16 Juveniles referred to probation department person, agency, or group within jurisdiction of Family Court 36

3. Referred to Welfare Agency Include juveniles referred to welfare agencies rather than family

3. Referred to Welfare Agency Include juveniles referred to welfare agencies rather than family court or probation. Welfare agencies can be public or private. Examples: Local Boys and Girls Club, Police Athletic League, or local Dept. of Social Services. 37

4. Referred to Other Police Agency Include Juveniles who 1. Are arrested at request

4. Referred to Other Police Agency Include Juveniles who 1. Are arrested at request of another law enforcement agency 2. Committed crime in one jurisdiction but reside in another and turned over to home jurisdiction for handling These arrests should NOT be counted on the ASR report. 38

5. Referred to Criminal or Adult Court Include any Under-16 Juveniles referred to adult

5. Referred to Criminal or Adult Court Include any Under-16 Juveniles referred to adult court for the juvenile offender process 39

Discontinuation of Runaways DCJS has discontinued collecting data on Runaways. Unnecessary to report data

Discontinuation of Runaways DCJS has discontinued collecting data on Runaways. Unnecessary to report data for juveniles taken into custody as runaways, truants, or curfew and loitering law violators. 40

Follow-Up on Inconsistent Data DCJS will call your agency to verify the accuracy of

Follow-Up on Inconsistent Data DCJS will call your agency to verify the accuracy of data that deviates from reported norms. 41

For More Information Please Contact NYS Division of Criminal Justice Services Crime Reporting Unit

For More Information Please Contact NYS Division of Criminal Justice Services Crime Reporting Unit 1 -800 -262 -3257 Email: [email protected] ny. gov 43