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Juvenile Justice in America

Juvenile Justice in America. SOC 106 Part 12 : Police Work with Juveniles. Juveniles and police - 17000 autonomous agencies - federal / state / local - 30,000 incorporated cities / 3,251 counties a. Jurisdiction - territory / geography - body of law

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Juvenile Justice in America

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  1. Juvenile Justice in America SOC 106 Part 12: Police Work with Juveniles

  2. Juveniles and police - 17000 autonomous agencies - federal / state / local - 30,000 incorporated cities / 3,251 counties a. Jurisdiction - territory / geography - body of law - age / court authority (1) Territory - city / county / state

  3. - housing / transit / park / harbor (2) Body of law - federal / state: statutes - county / city: ordinances (3) Grays Harbor County - 10 law enforcement agencies - functions / performance (a) Sheriff - unincorporated

  4. (b) City police - Aberdeen / Hoquiam / McCleary - Montesano / Ocean Shores - Westport / Cosmopolis / Elma (4) Washington state - state patrol - wildlife / liquor / gambling / lands - attorney general / parks b. Police services - almost 1,000,000

  5. (1) Local - 750,000 local: 84.8% (2) State - 90,400: 8.3% (3) Federal - 50,900: 6.9% (4) 2.5 per 1000 population • History of police

  6. a. Puritan communities - informal methods - socialization: most effective - rules of society - birth until internalized (1) Violated - family / church / school / community - involved (a) Family - expected to punish

  7. (b) Minister / teacher / elders - used other means (2) Industrialization / urbanization - mid-1800s - reduced effectiveness - informal social control (a) Population increased - cities grew - tight knit families / community - became disorganized

  8. (b) Street crime increased - look for other control methods (c) Police forces developed - help solve problem - 1830 to 1840: full-time police - large cities - 1870: all large cities - part-time police: small cities (3) Social control of children - from family to beat officer

  9. (a) Coercive force (b) Keep in line - youthful offenders - gangs / ethnic minorities - immigrants (4) Power to arrest - used informal techniques - friendships (a) Verbal warnings

  10. - parents - parish priest (b) Forceful methods - rough up - beat up b. No police-juvenile relations - early 1900s (1) Three large cities - New York / DC / Portland

  11. (a) Specifically address problem - juvenile crime (b) Prevention - instead of just control (2) Policewomen - juvenile work (a) Amusement parks / dance halls - youth gathering areas - dissuade from crime

  12. (3) 1924: 90% large cities - juvenile programs (a) 1930s - most had youth service bureaus (b) Credit - August Vollmer - Chief, Berkeley, CA police (c) Forerunners - modern day juvenile officers

  13. (4) 1950s: state / international - juvenile officer associations (a) Uniform responsibilities - standards / procedures (b) Expected to help - rather than punish (5) 1960s: preventive police work - programs developed - reduce delinquency

  14. (a) Improve - how youth view police (b) Programs - brown bag - adopt-a-cop - ride along • Police discretion - “The choice between two or more possible means of handling a situation confronting a police officer.”

  15. - different methods used - detour from / involve in - 15 to 20%: official contacts - 9 million contacts / 7.2 million unofficial a. Factors influencing discretion (1) Nature of offense - most important / seriousness - probability increases (2) Citizen complaint

  16. - present / filed complaint - initiates / remains / wishes arrest - likelihood increases (3) Gender of offender - less likely arrest female - traditional role expectation - disobey / sexually promiscuous / foul mouth / runaway (4) Race - racial bias

  17. - minority juveniles special targets - involve more serious crime (5) Socioeconomic status - lower-class youth - brought into system - upper-class sent home (6) Individual characteristics - prior arrests -pervious offenses - age / peer relationships

  18. - family situation / conduct of parents (a) Most likely arrested - older - serious record - image of delinquent - dangerous person (7) Nature of police-juvenile interaction - defer to police / reduce likelihood - hostile = increase - demeanor: most important at times

  19. (8) Department policy - influences how handled - professional: higher referrals (9) External pressures - status of complainant / victim - attitude of press / public - resources / referrals available b. Delinquents and police - role not clearly defined - set by agency / community

  20. - independent from courts - provide guidelines (1) Two functions of police - enforcement / social services - adults / youth - how provided: different (a) Enforcement - patrol / traffic / citizen contact - investigate crimes - physical presence / force

  21. (b) Social / welfare - assist in-need / homeless - provide access to services (2) Generalist / specialists - patrol / detectives (a) Patrol responsibility - 3 fold - discovery of delinquents - potential delinquents - conditions inducing delinquency

  22. (b) Locations - parking lots / structures - dance clubs - youth hang-outs (c) Facilities - sell liquor to minors - sell drugs c. Functions of police - presence: walk through / drive by - contact: car stop / talk / observe

  23. - report: criminal / non-criminal activity - arrest / detain: crime / status offense (1) No criminal citation - criminal traffic - submit report (2) Arrest - court guidelines - secure / station / detention / parents (a) Status offense

  24. (b) Federal regulations - prohibit secure handling - status: non-criminal (c) Held non-securely - observation / supervision - ID / investigate / release d. Lineups / photographs (1) Lineup - observed / witnesses

  25. - right to attorney - post indictment (2) Photograph - photo array (a) Judge’s written consent (b) Sealed / destroyed - age 18 (3) Washington state

  26. - felony booking - sealed / destroyed: age 18 • Arrest of juveniles - situational factors - notify parents a. Four separate elements - make arrest (1) Intent - into custody / probable cause

  27. (2) Authority - know police - uniform / ID (3) Restraint / detention - touching (4) Submission - allow to be taken - forcefully taken b. Arrest

  28. - felony / misdemeanor - taken into custody - same procedures (1) Washington state - 5th: per capita ratio - United States (2) Grays Harbor County - 3rd: per capita ratio (a) State: 80.1 per 1000

  29. (b) Grays Harbor: 142.3 per 1000 • Legal rights a. State vs. Lowery (1967) - 14th Amendment - unreasonable search / seizure b. New Jersey vs. TLO (1985) - 14th Amendment / school settings - state: no right to search - US: right to search

  30. - law / school policy violated c. Interrogation / confessions - Miranda vs. Arizona (1966) - applies to juveniles (1) Fare vs. Michael C. (1979) - “totality of circumstances” - age / education / mentality / crimes - 16 / PO / refused / waived rights (2) US: PO not same as attorney

  31. (3) Laws vary - no minor / interested adult - neutral setting - detention facility / juvenile court (4) Washington state - under 12: legal parent / guardian - over 12: waive rights - “totality of circumstances” (a) State vs. Sugg (1995)

  32. - 14 year old - robbery (b) US: waive rights - absence of parents (c) Must show: - knowingly waives - voluntarily waives - intelligently waives (d) Totality of circumstances

  33. d. Fingerprinting - controversial / varies (1) Prohibit - without judicial permission - control access - destroyed at 18 years (2) Police control - court guidelines - routinely fingerprint all

  34. (3) Washington state - felony - juvenile facility - only case in question - age 18: sealed / destroyed (a) US vs. Seachrist (1981) - less than probable cause (b) Police show - legally detained - station / detention

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