Police Work

Early law enforcement in America was copied after the English model.

The sheriff was the most important police official and by mid-1800s the first formal police departments were created.

Twentieth century

police agencies began to reform by specialized police units and juvenile aid bureaus
which made job opportunities available for women

Miranda v. Arizona

the right to remain silent, the right to counsel, and the idea that statements may be used against you in a court of law
protected individuals from incriminating themselves during police questioning

In re Gault

implies that the privilege against self-incrimination (known as the Miranda Warning) applies to custodial interrogation of juvenile offenders.
One of the most difficult problems for the police officer when interrogating children is determining when the child knowingly and willingly waives the Miranda rights.

Mapp v. Ohio

Exclusionary Rule
evidence police produce illegally may be suppressed in court

Chimel v. California

police may search an arrested suspect and, to a limited extent, the immediate area he or she occupies
one-arm’s length
Arrest
probable cause
misdemeanor only if committed in the presence of the police
in-presence requirement
felony if observed or if they have probable cause

Constitution's Fourth Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oaths or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Where may the police search after a legal arrest?

anywhere within the immediate area of the suspect's control
Most courts have held that the Fourth Amendment applies to juveniles as well as adults as viewed in State v. Lowry.
Police can search a child’s bedroom based on permission of the parents.

New Jersey v. T.L.O.

The Supreme Court found that students are in fact constitutionally protected from illegal searches but that school officials are not bound by the same restrictions as law enforcement agents.

Educator’s search

While police need "probable cause" before a search can be undertaken, educators can legally search students when there are reasonable grounds that the students have violated the law or broken school rules.
school officials can search student lockers and desks

Probable cause

"Probable cause" is defined as that information that would lead a prudent individual to believe that a crime had been committed and that the person, in question, committed the crime.

Reasonable suspicion

"Reasonable suspicion" does not require as much information about the individual or their activity and the search need not be based on probable cause, rather it depends on its reasonableness, considering the scope of the search, the age and sex of the student, and the behavior that prompted it to be made.

Booking

child is taken into custody one of his or her parents is contacted
records are destroyed when a case is closed
if they still exist when the child reaches the age of majority, they may be eliminated through an expungement order

People v. Lara

waiver of rights in the custodial interrogation of children
totality of circumstances
age, understanding, ability to consult

Police Discretion

to arrest or release the child
For juvenile matters that involve minor criminal conduct or incorrigible behavior, the police are encourage to select the least restrictive alternative.
The least restrictive option is a street warning.

Seriousness

Sellin and Wolfgang found in Philadelphia that about half of juveniles involved in serious offenses were arrested
Nathan Goldman found that conduct which seemed like "adult criminal conduct" was defined as being more serious
Black and Reiss found that 5 percent of police-juvenile contacts were about felonies

Prior Arrest Record

major determinant of police action
Dannifer and Schutt found that prior arrest and race is important in discretion.

Presence of Evidence

Police were witnesses.
Citizen witnesses provide testimony.
Black and Reiss found that police had evidence sufficient t connect a suspect with the offense in roughly 75% of contacts.

Demeanor

Piliavan and Briar found that demeanor was a major factor in about 50 to 60 percent.
The text - variations in the types of police officers observed.

Ferdinand and Luchterhand’s

study of juvenile defiant attitudes and police dispositions
among African-American property offenders, the more defiant the attitude, the stronger the disposition
often expect worse from police

Race and Ethnicity

Goldman found found that African-American juveniles were likely to receive more serious dispositions.
Wolfgang found that nonwhites received more severe dispositions than whites, while Weiner and Willie found no evidence of racial bias.
In 1994, Klinger found that demeanor does not independently impact the police decision to arrest.

Piliavin and Briar

race is not the explanatory variable, but that demeanor explains it
Vicious circle of those who dress like "tough guys" get more surveillance.
Uncooperative attitudes was displayed by about one-third of African-American youths and by about one-sixth.

Black and Reiss

the difference of handling of African-American and whites is due to complainant preference

Socioeconomic status

Shannon’s found that juveniles engaging in comparable types of crime were treated similarly in all zones studied.
Bodine’s study found that juveniles from lower-class neighborhoods had higher rates of court referral.

Socioeconomic status

Cicourel found differences in social class and police discretion based on parenting styles and parental preferences.
Police believe that lower-class parents do not control their children well.
Thornberry found social class differences are significant, especially for serious offenses.

Ferdinand and Luchterhand’s

first-offender youths
controlled for seriousness of offense, age, race and gender
extralegal factors were taken into account for minor offenses
third-offenders
white and African-Americans treated alike
based on offense

Gender

Self-report studies show that girls are over-represented among youths charged with minor delinquencies and underrepresented for serious crimes.
Police reluctant to arrest females who behave in stereotypically female ways.

Age

Goldman showed that some police were too embarrassed to officially sanction those young children who were not stereotypical menaces to society.
Bodine found that police gave young children a break if they had no previous record.

Police Departments

Wilson found that in the absence of departmental guidelines, officers handled juveniles primarily on the bass of personal judgement.

Diversion

a process in which cases are removed from the juvenile justice system after they have been admitted at some level
1994, 63% were referred to juvenile court, 5% to adult court, 2% to another police or welfare agency, and 26% were handled within the department and released.

Diversion without Referral

warn
counsel
release

Diversion with Referral

Internal referral
community volunteer programs, recreation programs, and probation programs
External referral
acceptability, suitability, availability