Part II THE SYSTEM AND EARLY DECISION MAKING

Chapter 4 The Police

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 3 Outline What Is the History of Police-Juvenile Relations? What Are the Juveniles’ Attitudes Toward the Police? How Does Police Discretion Affect the Police Response to Juveniles? Factors That Influence Police Discretion

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 4 Outline (cont.) How Do Police Process Juveniles? Informal Options: On the Streets Informal Options: At the Station (Stationhouse Adjustment) Combined Informal and Formal Processing Formal Processing: At the Station What Legal Rights Do Juveniles Have with the Police? Search and Seizure Interrogation and Confession Fingerprinting Lineups and Photographs

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 5 Outline (cont.) How Are Police Organized to Fight Juvenile Crime? Departments without Specialized Units of Personnel Departments with Specialized Units of Personnel

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 6 Outline (cont.) How is Policing Evolving Today? What Are the Problems of Community-Oriented Policing? What Is Restorative Justice Policing? Formalizing Police Referral Programs

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 7 1.To examine juveniles’ attitudes toward the police 2.To discuss police intervention with the various types of juvenile offenders 3.To examine the legal rights of arrested juveniles 4.To portray the various ways police departments handle juvenile crime Objectives

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved Trace the history of police-juvenile relations.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 9 Hints (pp ):  Puritan times  1830s to 1840s  Industrialization  Informal enforcement  Prevention  Juvenile programs  Budgetary problems

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the attitudes of different types of juveniles toward the police?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 11 Hints (pp. 93–95):  1960s, Portune, Bouma  Increasing age of students  Perception of friends’ attitudes  Majority opinions  Minorities vs. whites  Number wanting to be police officers  Monitoring the Future Study

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is police discretion?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 13 Police discretion means that police are able to make legally sanctioned choices as to what they do with a juvenile.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 14 What are the factors that most influence police discretion?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 15 Hints (pp. 98):  Offense  Complaints  Sex  Race  SES  Individual characteristics  Others?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 16 What are the different ways police process juveniles?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 17 Hints (pp ):  Informal: on the Streets  Informal: at the Station  Combined informal and formal processing  Formal processing: at the station

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 18 Give examples of informal options on the streets.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 19 Hints (p ):  An officer talks to a youth bully about changing his or her ways  An officer becomes friends with local youths  An officer writes down a juvenile’s name and address for future reference

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 20 Give examples of informal options at the station (stationhouse adjustment).

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 21 Hints (p. 99):  A youth is taken to the station to discuss situation with parents. The youth is later sent home with his or her parents.  Officers unofficially direct parents or youth to an anger management class or another program to deal with any problems they may have.  Officers work with schools to get juveniles back into school or into other special programs.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 22  Give examples of combined informal and formal processing.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 23 Hints (p. 99):  Juvenile is taken into custody or arrested; he or she is then booked, talked to, and released without further action.  Juvenile is taken into custody; community agencies are then notified that a youth needs their services and the youth is either sent to the agency or the agency picks up the youth.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 24  Give examples of formal processing at the station.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 25 Hints (pp. 99):  Youth taken into custody is booked, fingerprinted, and then referred to juvenile intake. The youth may then be placed in a secure detention center.  Parents of youth are called to the police station and, after booking, the youth is released into their care.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What does the Fourth Amendment to the Constitution of the United States protect?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 27  The Fourth Amendment protects citizens from unauthorized search and seizure.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 28 What are some important Supreme Court cases concerning the Fourth Amendment, and what do they say?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 29 Hints (pp.100–101):  Mapp v. Ohio  State v. Lowery  New Jersey v. TLO

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 30 Discuss the rights and obligations of the following in conducting school searches (Focus On Law 4.2, pp. 103–104):  School officials  Consent searches  Locker searches  Vehicle searches  Drug-detection canines  Surveillance technology  Metal detectors  Non-consensual person searches  Point of entry searches

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What does the Fourteenth Amendment to the U.S. Constitution state?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 32 The Fourteenth Amendment states that standards of fairness and due process must be used in obtaining confessions. The totality of the circumstances in extracting confessions must also be taken into consideration in determining the appropriateness of a confession.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 33 What are some major Fourteenth Amendment cases concerning interrogation and confessions? Discuss them.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 34 Hints (pp ):  Brown v. Mississippi  Haley v. Ohio  Miranda v. Arizona  In re Gault  Fare v. Michael C.  Commonwealth v. Guyton

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is fingerprinting, and why is it controversial?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 36 Hints (p ):  Davis v. Mississippi  Youth records  Use as evidence

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is a lineup?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 38 A lineup consists of the police placing a number of suspects in front of witnesses or victims who try to identify the person who committed the crime against them.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 39 What are the rights of juveniles in lineups?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 40 Hints (pp. 107):  United States v. Wade  Kirby v. Illinois  In re Holley

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved How do different types of police departments handle the problems of juvenile crime?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 42 The major goal of police departments is simply to maintain order and keep the peace. There are two major roles: to prevent crime––the proactive role–– and to solve crimes after an offense occurs––the reactive role. Smaller departments have specialized units to deal with juvenile crime, and juvenile offenses are dealt with as a routine part of police work.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is a juvenile officer?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 44 An individual officer that works solely with juvenile crime.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is a juvenile unit?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 46 These units have the normal crime-fighting tasks of detecting, investigating, and prosecuting offenders for everything from bicycle thefts to serious felonies.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What is a gang control unit?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 48 It is a unit formed to deal with a specific gang problem and is not a permanent unit within the police force.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved What are the special challenges facing police in the community? Describe each.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 50 Hints (pp. 110):  Community policing  Problem-oriented policing  Preventing drug use  Reducing gun use  Gang prevention and deactivation

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 51 Police departments are currently turning to problem-oriented policing. What is this?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 52 Problem-oriented policing means that police respond to the circumstances that create juvenile problems rather than to incidents that result from the causes.

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 53 What does DARE stand for?

Juvenile Justice in America, 6 th ed. Clemens Bartollas and Stuart J. Miller © 2011, 2008, 2005, 2001, 1998 Pearson Higher Education, Upper Saddle River, NJ All Rights Reserved. 54 Drug Abuse Resistance Education