juvenile justice: policing Flashcards
juvenile policing
basic context
- police typically don’t know suspect’s age until after action is taken
- police management of juveniles is dictated by courts, laws, & officer jurisdiction
- police are first contact (typically) that youth have with JJS
- police have to balance youth & community needs
- police must deal with socializing institutions during most arrests (family, school, etc.)
late 19th & early 20th centuries
juveniles & police
3 ways to deal
- police chose which cases went to adult court vs. informal handling
- using discretion to round up delinquents for minor offenses
- using detention as a swift punishment
post-1940s
juveniles & police
handling shifted away from order maintenance as police entered the profesisonal era
social work of police was provided by female officers (“motherly figures”)
juveniles are just as dangerous as adults
dangers & challenges of dealing with juveniles
- juveniles are more impulsive & less future-oriented
- juveniles have fewer stakes in conformity
- juveniles challenge authority because they’re forming an identity
juvenile-specific challenges
dangers & challenges of dealing with juveniles
- juveniles are more likley to hold negative attitudes toward police
- juveniles commit a significant portion of offenses
3 police units that have the most contact with juveniles
- special juvenile units
- juvenile officers
- patrol officers
many jurisdictions require special training for officers whose main duty is interacting with juveniles
not everyone views being a juvenile officer as a desirable job
juvenile units
- most common with larger departments
- work with juvenile court & youth service workers
- typically handle abuse & neglect cases
- SROs fall here
juvenile officers
- skilled at interrogating juveniles
- have a variety of juvenile contacts
- experienced at handling difficult parents & juvenile delinquents
patrol officers
- most initial contact between juveniles and police involves patrol officers
police discretion & juveniles
influential factors
- wishes of the complainant
- nature of the complaint
- race, gender, attitude of the juvenile
- juvenile’s prior police contact
- percieved willingness/availability of parents to cooperate
- intoxication / being out late of juvenile (increased chance of formal action)
race, gender, attitude of the juvenile
police discretion & juveniles
gender
girls accused of more serious offenses are treated more harshly (“violating social norms”)
girls who commit lower-level offenses will likely not face formal action (“protecting them from the system”)
attitude
acting disrespectuflly will increase chances of formal action (some studies say more than race)
taking into custody
juvenile policing procedures
- 2/3 of juveniles are referred to juvenile court, 7% to adult court
- custody must meet standards of: probable cause OR reasonable suspicion
- 2 encounter types are common: patrol & investigative
Yarborough v. Alvarado (2004)
juvenile policing procedures: custody
Individual age could not be taken into consideration when deciding on Miranda & Miranda does not need to be read until police determine the individual is in custody
J. D. B. v. North Carolina (2011)
juvenile policing procedures: custody
Overturned Yarborough v. Alvardo by saying age & mental status is relevant when determining Miranda for custody purposes
booking
juvenile policing procedures
- fingerprinting & photos
- DNA collection (required in some states)
- some courts have held that a juvenile charged with a delinquent act has the right to counsel prior to placement in a police lineup
- many states now retain juvenile records, rather than sealing, expunging, or destroying them
interrogation
juvenile policing procedures
- juveniles have the same Miranda rights & self-incriminaiton protections as adults
- concerns that a juvenile’s waiver of their right to remain silent during interrogation is of questionable value
sometimes police delay interrogation until adults appear but there is no safeguard put in by SCOTUS
wrongful convictions & false confessions
Why Kids Falsely Confess TED
25% of wrongful convictions included a false confession
maximization strategies
Why Kids Falsely Confess TED
police lie to suspects (which is allowed in US)
police threaten/intimidate suspects
minimization strategies
Why Kids Falsely Confess TED
police act as friends/sympathetic to suspect
“we can work through this”
relief from confessing
Why Kids Falsely Confess TED
confessing provides immediate reward (interrogation stops)
juvenile cognitive processes
Why Kids Falsely Confess TED
juveniles’ brains are very different from adults
>90% waive Miranda & talk w/o parent/guardian
cops & interrogation
Why Kids Falsely Confess TED
75% of cops requested special training for dealing with juveniles
search & seizure
juvenile policing procedures
- searches can be conducted w/o warrant if juvenile consents
- police have right to conduct searches at school without consent
totality of the circumstances
juvenile policing procedures: search & seizure
court evaluates a juveniles’ ability to consent based on whether the search was voluntary given the totality of the circumstances
unofficial police procedures
juvenile policing procedures
- simple release
- reprimand & release
- release & submit incident report to PD/Jv. Probation Dept.
- stationhouse adjustment
stationhouse adjustment
juvenile policing procedures: unofficial procedures
parent is called to the station to make an agreement w/juvenile & police that offense won’t happen again
conditions: cleaning, returning goods, etc.
presence
juvenile policing procedures: SROs
‘21-‘22: 46% of public schools had a SRO 1x a week (K-12)
mostly middle & high schools
School Resource Officers
juvenile policing procedures: SROs
sworn officers w/arrest authority who work in collaboration with school and has specialized training
may carry physical restraints, firearms, aerosol sprays (maybe body cams)
Started in Flint, MI to address gun violence in ’50s
main roles
juvenile policing procedures: SROs
- educator
- informational counselor/mentor
- law enforcement officer
- emergency manager
effectiveness
juvenile policing procedures: SROs
mixed evidence
- they contribute to the school-to-prison pipeline
- provide a greater feeling of safety among students (depending on the SRO)
- mixed findings on effect of crime at school
