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Lecture 3

CRJU 351 Lecture 3: CRJU 351 - Exam 3

35 Pages
88 Views
Fall 2015

Department
Criminology and Criminal Justice
Course Code
CRJU 351
Professor
Anderson
Lecture
3

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Policing Juveniles 10/27/2015
2010 data
1.6 million juveniles arrested
o30% females/70% males
oBlacks
17% of population
50% of murders
40% motor vehicle theft
40% aggravated assault
Disproportionately represented
75% of arrests were ages 16-17
Most were non-serious crimes
oEx. Disturbing the peace, truancy, drug violations
Many more kids are stopped by the police but not arrested
oPolice are the most visible agent of the juvenile justice system
Identifying, controlling, and processing of juveniles
After 1994, the juvenile violent crime arrest rate fell dramatically
oIt is now lower than it has ever been
Policing
Most juvenile crime is non-serious
oWhen police officers crack down on this type of behavior, they
are often seen as overreacting
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find more resources at oneclass.com
oBut when they ignore this type of behavior, this angers the
public as well
Everyone agrees that the police should be arresting serious juvenile
offenders
oBut the behavior of police officers is still scrutinized
Especially if they use force
oIf they don’t take the proper precautions and treat the youth
as dangerous, then they put themselves at risk
Police have no way of being positive about how old someone is
oThey won’t find out until the person is in custody
Most districts have special groups of police officers whose main job
is to deal with juveniles and juvenile gangs
oMany school districts also have a police officer present on
campus at all times
oMany of these officers receive extra training on juveniles
Giving them a toolkit to enable them to deal with
adolescents
One of the biggest issue within policing is police discretion
oDuring the course of the day, officers face situations in which
they must decide which course of action is the best/safest
oThe officers must decide whether the encounter will be
unofficial/official
Official = arrested
Unofficial = given a warning
oPolicing take juveniles into custody only about 13% of the
time
Levels of punishment:
Lowest – release with a warning
Release with an official report
Can also be used for activity that is
dangerous and disruptive, but not
necessarily illegal
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find more resources at oneclass.com
Arrest and then diversion
A way for officers to divert from the court
youth who have committed minor offenses
Ex. Releasing to a parent/guardian or refer
to an agency/program (Second Chances)
Beginning of official – refer to juvenile court
intake without detention after the arrest
Can also result in juvenile arbitration
Highest – refer to juvenile court intake with
detention (facility) after the arrest
Options for juvenile offenders
Political and public policy influence what options are available for
kids
oGet tough movements
Limit police discretion
Can also limit the discretion of the court determine
sentencing
Biggest influence on discretion
oSeriousness of offense
Drinking in a park v. murder
oOther influencers:
Prior arrests
Amount of available evidence
The complainer
Police officers are more likely to intervene when
there is an audience
Especially when there is an adult present who is
willing to sign a complaint
Age
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Description
Policing Juveniles 15:37 2010 data 1.6 million juveniles arrested 30% females/70% males Blacks 17% of population 50% of murders 40% motor vehicle theft 40% aggravated assault Disproportionately represented 75% of arrests were ages 16-17 Most were non-serious crimes Ex. Disturbing the peace, truancy, drug violations Many more kids are stopped by the police but not arrested Police are the most visible agent of the juvenile justice system Identifying, controlling, and processing of juveniles After 1994, the juvenile violent crime arrest rate fell dramatically It is now lower than it has ever been Policing Most juvenile crime is non-serious When police officers crack down on this type of behavior, they are often seen as overreacting But when they ignore this type of behavior, this angers the public as well Everyone agrees that the police should be arresting serious juvenile offenders But the behavior of police officers is still scrutinized Especially if they use force If they don’t take the proper precautions and treat the youth as dangerous, then they put themselves at risk Police have no way of being positive about how old someone is They won’t find out until the person is in custody Most districts have special groups of police officers whose main job is to deal with juveniles and juvenile gangs Many school districts also have a police officer present on campus at all times Many of these officers receive extra training on juveniles Giving them a toolkit to enable them to deal with adolescents One of the biggest issue within policing is police discretion During the course of the day, officers face situations in which they must decide which course of action is the best/safest The officers must decide whether the encounter will be unofficial/official Official = arrested Unofficial = given a warning Policing take juveniles into custody only about 13% of the time Levels of punishment: Lowest – release with a warning Release with an official report Can also be used for activity that is dangerous and disruptive, but not necessarily illegal Arrest and then diversion A way for officers to divert from the court youth who have committed minor offenses Ex. Releasing to a parent/guardian or refer to an agency/program (Second Chances) Beginning of official – refer to juvenile court intake without detention after the arrest Can also result in juvenile arbitration Highest – refer to juvenile court intake with detention (facility) after the arrest Options for juvenile offenders Political and public policy influence what options are available for kids Get tough movements Limit police discretion Can also limit the discretion of the court determine sentencing Biggest influence on discretion Seriousness of offense Drinking in a park v. murder Other influencers: Prior arrests Amount of available evidence The complainer Police officers are more likely to intervene when there is an audience Especially when there is an adult present who is willing to sign a complaint Age Police officers are more likely to arrest juveniles than adult for the same behavior But within the juvenile age frame A 17 year old will be treated more harshly than a 12 year old Gender Boys are generally seen as more suspicious than girls But after arrest Girls will be treated more harshly Attitude If you are rude to the police, you are more likely to be arrested Appearance Ties into attitude Race Racial minority youth are more likely to be officially processed Class Youth of lower socioeconomic status are more likely to be officially processed Parental cooperation When parent cooperate, the youth will be handled in a more informal way/more leniently Characteristics of the officer Male v. female What kind of day the officer is having Race Age Socioeconomic status Their life experiences Their work experience/length of service Usually the youngest are more strict Miranda v. Arizona (1966) Miranda rights Advising suspects of his or her rights Didn’t originally apply the ruling to juveniles Not until 1979 and 1981 did the courts decide that juveniles were also entitled to Miranda rights 2011 JDB v. North Carolinath Police suspected a 7 grader of a serious of home break-ins They took the 13 year old into a conference room and interrogated him Supreme court decided that juveniles deserve expanded Miranda rights They deserve more They have to mirandize juveniles in situations where they could question adults without doing so Process of the Juvenile Court 15:37 Waiver Process of the Juvenile Court 15:37 When the courts decide whether or not the case will be handled in the juvenile court or the adult criminal court 3 different ways: Automatic AKA legislative or statutory exclusion Definition: A state has a list of offense for which a child is automatically moved into the adult system Ex. Homicide in Florida It doesn’t matter how old you are, you automatically move into the adult criminal justice system When: Immediately Prosecutorial AKA concurrent jurisdiction or direct file Concurrent Both the adult court and the juvenile court have jurisdiction over the case Direct file When the prosecutor directly files the case into the adult court Definition: The prosecutor has discretionary authority to decide whether to charge the case in the juvenile or the adult system Using past record, age of offender, age of victim, etc. to decide The prosecutor does not have to give a reason for their decision Process of the Juvenile Court 15:37 When: When the prosecutor files the case Judicial Definition: The judge had the discretion, but there are standards that they have to follow 5 things to consider: 1. The sophistication of the crime 2. The delinquent history 3. Whether or not it appears that the juvenile is amenable to rehabilitation 4. Whether or not the court has successfully rehabilitated the juvenile before 5. The circumstances and seriousness of the offense When: Happens at a later stage than the other two Involves a hearing before the judge Minimum age for a waiver Many states do not specify a minimum age for then this can happen As low as 10 Kansas and Vermont Once an adult, always an adult If someone is tried as an adult for one offense and then later on commits another offense, they will be tried as an adult for that crime as well No matter the seriousness of the second crime Process of the Juvenile Court 15:37 Ex. If a 12 year old commits a sex crime and serves 4 years in jail, then gets out at 16 and gets charged with having drugs, they will again be charged in the adult court In most states, you have to be convicted of the offense for this to hold Petition to be moved back In some jurisdictions, you can apply to be sent back to the Blended sentencing laws They take aspects of the adult and juvenile criminal justice systems and blend them together Reason example: Having a 12 year old serve time in the adult system can be very problematic While the federal government would try to keep them separate, they cannot always guarantee this Juvenile blended: Juvenile court Juvenile sentence Suspended adult criminal sentence Criminal (adult) blended: Adult criminal court Juvenile detention Allows them to serve their juvenile years in the juvenile justice system Suspended adult criminal sentence Diversion Allows the juvenile justice system to offer programs to kids without them having to formally go through the juvenile court process This can keep them out of the process altogether Process of the Juvenile Court 15:37 Or it can happen during the process Designed to keep juvenile courts from becoming stigmatized It is known that it is not always in the best interest of the juvenile to send them through the court system These programs can be almost anything Examples: Basic counseling services Family intervention Drug and alcohol programs Educational programs Team court Conflict resolution Mediation Cost effective Keeps from having to pay to move the juvenile through the formal system Examples of specific programs: Second chances The school resource officer chooses to divert the juvenile to this program, rather then reporting their crime to the court system Where in Columbia: Brooklyn Cayce HS Details: 8 week programs Process of the Juvenile Court 15:37 For both boys and girls A little bit different every time Based on needs and wants of the participants Once a week after school Alcohol and drug education Career development Gang education Conflict resolution Community service process Goal: Break the school-to-prison pipeline Students who are arrested at school for non-violent offenses and not likely to have a successful experience in the juvenile court system Arts Based Community Intervention Happens a little bit later in the process The students have already been referred to the juvenile justice system Arbitration program Where in Columbia: Lexington County Details: Gender specific Only for girls Process of the Juvenile Court 15:37 Tries to respond to the reasons that we know girls end up in the criminal justice system Trauma Exposure to violence Saturday mornings 3 hours 4 weeks Arts program But not teaching girls how to do art Rather teaching the girls to use artistic expression to cope with their problems Example: Trace an outline of their body on paper, and then write down anything they would like to “turn their back on” Peers, toxic family members or friends, pain, material things Have the girls rewrite their past history or rewrite their future story Decorating mannequins Creating their own sheroes (girl version of heroes) Through the women and gender studies program All first time offenders This time: Ages 13-17 Burglary Empty house Process of the Juvenile Court 15:37 Shoplifting Fighting A little bit different every time The offenses always vary and the age ranges are different Problems with diversion programs: Net widen The purpose of diversion is to take some kids and put them in a better place But sometimes you can pick up too many Example using Second Chances: The school resource officer may choose to start making more arrests in order to fill up the program When they otherwise would not have made those arrests Example using Arts Based Community Intervention: Rather than dropping the case entirely, the court may choose to divert the juvenile, therefor keeping them in trouble Due process rights Basically, there is no due process for kids who are diverted You don’t have to go before a judge or you don’t have you hearing before a juvenile court judge It is voluntary, but more than likely, the juveniles will choose the programs But you end up in these problems without having been an adjudicated (convicted) delinquent Coercive If you don’t want to do the program, then you will automatically be sent to court Yes, you have a choice, but do you really? Process of the Juvenile Court 15:37 Even if you didn’t really do what you are accused of doing Transfer to criminal court? Waiver The process is usually called certification, remand, transfer, or waiver to adult court Different jurisdictions have different procedures for this Ex. Nathanial Abraham, age 11 3 types: Automatic waiver Automatic Prosecutorial waiver Prosecutor decides Judicial waiver Judge decides Diversion Allows the juvenile justice system to offer programs designed to help a juvenile without the young person having to go formal through the system Programs can include: Basic counseling Family intervention Drug and alcohol programs Educational services Teen courts Process of the Juvenile Court 15:37 Conflict resolution Mediation Concerns Net-widening Circumvents due process rights The preadjudication stage The intake process The screening of cases by the juvenile court system Many times the kid can be sent by their school or parents Intake officer screens case Another place for discretion Decides to: Dismiss from the system Refer for informal or formal processing Discretion depends on seriousness of offense Complaint v. Petition Complaint Comes first Made by the police or some other agency to the court to initiate intake Reviewed by the intake officer Petition Process of the Juvenile Court 15:37 Filed if the intake officer decides to keep the case within the juvenile court Short statement of the alleged facts of the crime Begins the formal court proceedings Detention intake and detention hearing Preadjudication detention Detain a juvenile prior to an adjudication hearing Detention hearing scheduled within 72 hours Judge will then decide whether or not the detention is warranted Factors considered: The severity of the offense Whether or not the juvenile will show up to court Whether or not the juvenile is a threat to other or themselves Called preventative Can be used for more than just ensuring they show up to court Can also be used for: Making sure that the juvenile does not engage in anymore delinquency Making sure the juvenile does not harm anyone else or themselves Plea bargaining Most likely to occur in the preadjudication stage Used just like in the adult system But we do not have a lot of data about it Process of the Juvenile Court 15:37 The adjudication stage Adjudication hearing is the equivalent of the adult criminal trial Adjudicated delinquent or not delinquent Have many of the same due process rules BUT juveniles DO NOT have the right to have their case heard by a jury of their peers Their peers are people their age generally Kids cannot be taken out of school to decide cases Plus they are not mature enough to do this Confidentiality is valued Every case is heard by a judge or magistrate Probation officer Plays a huge role in the adjudication stage Unlike in adult court where you don’t meet them until after Gathers as much information on the juvenile as possible Extra-legal factors School record Other criminal record Family life Remorse Friends Presents all of this information Process of the Juvenile Court
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