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-arms 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 childs 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 .
Educators 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 Luchterhands
| 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
| Shannons found that juveniles engaging in comparable
types of crime were treated similarly in all zones studied. |
| Bodines 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 Luchterhands
| 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
Diversion with Referral
| Internal referral
| community volunteer programs, recreation programs, and
probation programs |
|
| External referral
| acceptability, suitability, availability |
|
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