Juvenile Rights and Police Responsibilities

1. Juvenile Rights and Police Responsibilities Chapter 13 13-1

2. Parens Patriae • The power of the State to act on behalf of the child and provide care and protection equivalent to that of a parent, sometimes over the objection of the parent

3. What is a Juvenile? • Under Federal Law • A person who has not yet attained his 18th birthday • Specified by state statutes • Typically 17 or 18 years old • Can be younger

4. Age of Criminal Responsibility • The Infancy Rule is the minimum age at which a child may be charged with a criminal act • Under common law children under the age of 7 are presumed to be without the ability to form intent • The age varies from state to state

5. Juvenile Offending • The vast majority of juvenile offenders enter the justice system through law enforcement agencies

6. Status Offense • An act that would not be a crime if it was committed by an adult; it is illegal only because the child is under age

7. Juvenile Delinquency • The violation of a law of the United States committed by a person prior to his 18th birthday which would have been a crime if committed by an adult

8. Due Process and the Juvenile • Kent v. U.S. (1996) • One of the first Supreme Court cases that addressed juvenile rights • Confined to the issue of waiver proceedings

9. Kent v. United States, 383 U.S. 541 (1966) • The Supreme Court held that the Juvenile Court's latitude in determining whether to waive jurisdiction is not without limitations. It necessitates the basic requirements of due process and fairness, as well as compliance with the statutory requirement of a “full investigation.” Pp. 552-554. • The parens patriae philosophy of the Juvenile Court "is not an invitation to procedural arbitrariness." Pp. 554-556.

10. Kent v. United States (cont.) • The Juvenile Court Act requires “full investigation,” and makes the Juvenile Court records available to persons having a “legitimate interest in the protection . . . of the child. . . .” These provisions, “read in the context of constitutional principles relating to due process and the assistance of counsel,” entitle a juvenile to a hearing, to access by his counsel to social records and probation or similar reports which presumably are considered by the Juvenile Court, and to a statement of the reasons for the Juvenile Court's decision sufficient to enable meaningful appellate review thereof. pp. 557-563.

11. In re Gault (1967) • The most significant case in juvenile justice history • Due process rights and the Fourteenth Amendment apply to juveniles facing possible commitment • Currently the Bill of Rights is not applicable to those under 18

12. In re Gault, 87 U.S. 1 (1967) • Gerald Gault, a 15-year-old was arrested in Arizona when he and a friend made several lewd telephone calls to a neighbor, Mrs. Cook. After a complaint by Cook, Gault was taken into custody by the Sheriff of Gila County. • At the time of his detainment, Gault's parents weren't home and they were never notified of their son's arrest. Worried that their son was not at home that evening, they searched for their missing child and learned of the arrest through a friend of Gerald's.

13. In re Gault (cont.) • The judge sentenced Gault to be committed to the state industrial school for 6 years until he turned 21. An adult charged with the same crime would have received a maximum of a 50-dollar fine and two months in jail. • Gault's lawyers filed a writ of habeas corpus, but were denied by both the Superior Court of Arizona and the Arizona Supreme Court. The case was then taken to the U.S. Supreme Court where Gerald's counsel argued that the juvenile code of Arizona under which he was found delinquent was invalid because it denied due process rights. • This decision is critical for the application of juvenile justice in this country. From this point forward, due process rights and privileges afforded to adults now must be extended to people under 18 as well.

14. In re Gault (cont.) • Standard trial procedures were not followed with Gerald Gault, and due process protections were not abided by. At the trial, Gerald's father was not present and neither was the complainant, Mrs. Cook. Officer Flagg, the arresting officer, filed a petition with the court on the day of the hearing, June 9, 1964, which was not seen by anyone until the habeas corpus hearing on August 17, 1964. Other procedural guidelines were thrown out as well. For example, no one was sworn in and the trial was not recorded.

15. Questioning a Juvenile NOT in Custody • Juveniles can be approached informally and asked questions without a parent being present • Standard police procedure should include the interviewing of children during response to domestic disputes

16. Two Settings to Settle Complaints Against Juveniles • Field Examination • Typically occurs during minor complaints against the juvenile which are resolved in an informal sanction • Station Investigation • Typically involves a more serious offense or an uncooperative juvenile

17. Interrogating the Juvenile • Questioning the juvenile should be private and free of distraction whenever possible • Avoid questioning him or her in a public place where there is an increased possibility of embarrassment or anger at being seen

18. Factors that Negatively Affect Custody • Early morning or late evening demands to report to the police station • An interrogation where the juvenile is not appropriately clothed, is denied food or water • Promises to let the suspect go if a confession is provided

19. Yarborough v. Alvarado, (2004) • Supreme Court ruled: • The Miranda test for determining custody is an objective rule that does not require subjective determinations • The method for determining custody for the purposes of providing the Miranda warnings apply to both juveniles and adults

20. Questioning a Juvenile IN Custody • Provide Miranda rights • Obtain waiver from a parent when required • Record confessions when required

21. Temporary Custody • A child may be taken into protective or temporary custody without a warrant in emergency situations or if the officer believes that leaving the child would subject him or her to further abuse or harm • This is not an arrest

22. Fourth Amendment Considerations • Supreme Court has extended the search and seizure protections of the Fourth Amendment to juveniles. New Jersey v. T.L.O., 469 U.S. 325, (1985). • It has also been held that the Fourth Amendment requires that a juvenile arrested without a warrant be provided a probable cause hearing. Moss v. Weaver, 525 F. 2d 1258 (5th Cir. 1976) • The exclusionary rule also applies to federal delinquency adjudications. United States v. Doe, 801 F. Supp. 1562 (E.D. Tex. 1992)

23. Fifth Amendment Considerations • Juveniles are entitled to Fifth Amendment protection against self-incrimination in juvenile proceedings despite the non-criminal nature of those proceedings

24. Right to Counsel • Juveniles are entitled to the protections afforded under the Miranda decision, including the right to counsel during custodial interrogation

25. A Juvenile May Waive… • A majority of states require that a waiver of the right to counsel be made by both the juvenile and a parent to be valid • Other states require the “opportunity” for consultation after age 14 • Several states prohibit or limit waiver of counsel by juveniles

26. In re G.E., 879 A.2d 672 (D.C. 2005) • The Court held that a police officer violated Miranda (1966) and Edwards (1981) when he asked, “Are you sure?” after juvenile asserted his right to counsel

27. Juvenile Confessions • The juvenile must be taken before a magistrate within a reasonable period of time • An arraignment within the same day has been held to be reasonable

28. Juvenile fireplay results from curiosity about and fascination with fire Most common among children and adolescents The damage caused is not maliciously inspired Juvenile Fireplay

29. Juvenile Firesetting • Firesetting is the willful action with a higher level of intent to use fire as a weapon and an instrument of power; it is intended to achieve a goal

30. Arson • Arson is a crime frequently committed by juveniles • Approximately half of arrests for arson involve a juvenile

31. Sexual Offending • Almost one third of arrests for sex offenses involve a juvenile • Males are the most frequent offenders • Female sexual offending is highly underreported

32. Approximately one half of adult sexual offenders began their abusive behavior as juveniles Juvenile offenders are often victims also Juvenile Sexual Offenders

33. Steps to Interviewing a Suspected Juvenile Sexual Offender • Introduction — establish credibility • Rapport building — establish a relationship • Background — determine educational level, linguistic comprehension, understanding of the process and mental health issues • Allegation — avoid legal language • Questioning — what and where the event took place • Closure — avoid alienating the juvenile