Chapter 13: Police and Chapter 13: Police and DelinquencyDelinquency

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Policing in the United StatesPolicing in the United States

Police, Children, and the LawPolice, Children, and the Law

-Arrest-Arrest -Booking-Booking -Interrogation-Interrogation -Search and Seizure-Search and Seizure -Lineups-Lineups

Police DiscretionPolice Discretion

-Legal Factors-Legal Factors -Non-legal Factors-Non-legal Factors

Police DiversionPolice Diversion

-Internal Diversion-Internal Diversion -External Diversion-External Diversion

A. Policing in the United StatesA. Policing in the United States

1) A Brief History1) A Brief History

a. The type of police system the colonists from England utilized was known as a. The type of police system the colonists from England utilized was known as watch watch and wardand ward, or a system of policing that allowed a constable to draft any male into , or a system of policing that allowed a constable to draft any male into service to guard the town at nightservice to guard the town at night

i. Also, the i. Also, the hue and cryhue and cry, or a loud call for help shouted by colonial police when they were in , or a loud call for help shouted by colonial police when they were in need of assistance, was used frequentlyneed of assistance, was used frequently

ii. Though it worked fairly well in the beginning when there was little crime, this system soon ii. Though it worked fairly well in the beginning when there was little crime, this system soon proved to be inadequateproved to be inadequate

b. In the 19th century, a new style of policing was adopted, after large influxes of b. In the 19th century, a new style of policing was adopted, after large influxes of immigrants made their way to Americaimmigrants made their way to America

i. The fear of crime from the newcomers by 'old-time Americans' coupled with the feeling of i. The fear of crime from the newcomers by 'old-time Americans' coupled with the feeling of a decaying society set the stage for police reforma decaying society set the stage for police reform

Champaign, ILChampaign, IL Youth Detention Youth Detention

Facility Facility

c. Looking to England for effective models of policing, the public endorsed the idea c. Looking to England for effective models of policing, the public endorsed the idea that the government ought to provide for the social well-being and protection of its that the government ought to provide for the social well-being and protection of its citizenscitizens

i. However, it was not until the 20th century that police departments created juvenile unitsi. However, it was not until the 20th century that police departments created juvenile units

ii. Also around this time, the first female officer (Lola Baldwin), was hired in Portland, Oregon ii. Also around this time, the first female officer (Lola Baldwin), was hired in Portland, Oregon (1905)(1905)

iii. Several years later, New York City and Washington D.C. began to hire women to 'look after' iii. Several years later, New York City and Washington D.C. began to hire women to 'look after' delinquent childrendelinquent children

d. By 1924, most urban police departments had established juvenile bureaus, and d. By 1924, most urban police departments had established juvenile bureaus, and this trend continued with the outbreak of delinquent gang activitythis trend continued with the outbreak of delinquent gang activity

B. Police, Children, and the LawB. Police, Children, and the Law

1) Pivotal Supreme Court Cases1) Pivotal Supreme Court Cases

a. Perhaps the most important case to deal with juveniles and the law was a. Perhaps the most important case to deal with juveniles and the law was Miranda Miranda v. Arizonav. Arizona (1966), even though the plaintiff in this case wasn't a child (1966), even though the plaintiff in this case wasn't a child

i. Ernesto Miranda (23 years old at this time) was accused of sexually aggravated assault i. Ernesto Miranda (23 years old at this time) was accused of sexually aggravated assault after 18 year old Ann Johnson was kidnapped and violated on March 2, 1963after 18 year old Ann Johnson was kidnapped and violated on March 2, 1963

ii. After Ann Johnson provided police with a description and other information, the police ii. After Ann Johnson provided police with a description and other information, the police picked up Ernesto Miranda and asked him whether he would voluntarily talk with them picked up Ernesto Miranda and asked him whether he would voluntarily talk with them about the incident, (he agreed)about the incident, (he agreed)

iii. During police interrogation, two Phoenix, Arizona police officers told Ernesto that the iii. During police interrogation, two Phoenix, Arizona police officers told Ernesto that the victim had identified him as the suspect after Miranda voluntarily participated in a police victim had identified him as the suspect after Miranda voluntarily participated in a police lineuplineup

iv. Miranda agreed to prepare and sign a written confession in which he described his iv. Miranda agreed to prepare and sign a written confession in which he described his involvement in the incident, and acknowledged that he had given said confession with full involvement in the incident, and acknowledged that he had given said confession with full knowledge of his legal rightsknowledge of his legal rights

v. When the case went to trial, Alvin Moore (Ernesto's public defender) argued that the v. When the case went to trial, Alvin Moore (Ernesto's public defender) argued that the police had never informed Miranda of his legal rights or of his right to an attorneypolice had never informed Miranda of his legal rights or of his right to an attorney

vi. After an appellate court upheld the lower courts decision after an appeal, Miranda's new vi. After an appellate court upheld the lower courts decision after an appeal, Miranda's new attorney, John Flynn, appealed to the U.S. Supreme Court where he was victorious by a 5-4 attorney, John Flynn, appealed to the U.S. Supreme Court where he was victorious by a 5-4 majority opinionmajority opinion

vii. From this incident, we have the Miranda warnings (rights) that are required to be stated vii. From this incident, we have the Miranda warnings (rights) that are required to be stated by all federal, state and local police officers before questioningby all federal, state and local police officers before questioning

Miranda v. Arizona (1966)Miranda v. Arizona (1966)

b. In 1967, in the case of b. In 1967, in the case of In re GaultIn re Gault, the court handed down the opinion that , the court handed down the opinion that juveniles may not be denied basic due process rights in juvenile adjudicatory juveniles may not be denied basic due process rights in juvenile adjudicatory hearings (due process also applies to children)hearings (due process also applies to children)

i. The outcome of this case was that the court extended to juveniles many of the same i. The outcome of this case was that the court extended to juveniles many of the same protections that had been established for adults in Miranda, including the right against self-protections that had been established for adults in Miranda, including the right against self-incrimination and the right to counselincrimination and the right to counsel

c. In c. In Mapp v. OhioMapp v. Ohio, the court decreed that the , the court decreed that the exclusionary ruleexclusionary rule, (evidence police , (evidence police produce illegally is not admissible in court—as dictated by the fourth amendment), produce illegally is not admissible in court—as dictated by the fourth amendment), applies to state courtsapplies to state courts

i. Also, the i. Also, the one arm's length ruleone arm's length rule, (or the rule that states that once a suspect is arrested, police , (or the rule that states that once a suspect is arrested, police may search the suspect and the immediate area he or she occupies), was established in may search the suspect and the immediate area he or she occupies), was established in Chimel Chimel v. California v. California

d. To make a legal arrest, the police must have d. To make a legal arrest, the police must have probable causeprobable cause, or a set of facts , or a set of facts that would lead a reasonable person to believe a crime has been committed and the that would lead a reasonable person to believe a crime has been committed and the person to be arrested committed itperson to be arrested committed it

i. In a misdemeanor case, police can arrest a person only if the crime is committed in their i. In a misdemeanor case, police can arrest a person only if the crime is committed in their presence (called the in prescence requirement)presence (called the in prescence requirement)

ii. In felony cases, an arrest can be made if police either observe the crime in progress, or if they ii. In felony cases, an arrest can be made if police either observe the crime in progress, or if they have knowledge a felony crime has occurred and have probable cause to believe that a particular have knowledge a felony crime has occurred and have probable cause to believe that a particular person committed itperson committed it

e. During the e. During the bookingbooking of a juvenile (the official recording of a person into detention of a juvenile (the official recording of a person into detention after arrest) there are significant differences between a child and an adultafter arrest) there are significant differences between a child and an adult

i. In most states, minors are forbidden from being fingerprinted and/or photographed without a i. In most states, minors are forbidden from being fingerprinted and/or photographed without a court ordercourt order

ii. When a child reaches the age of 18, they can have their prior juvenile record ii. When a child reaches the age of 18, they can have their prior juvenile record destroyed through an expungment order, which must be issued by a judge to a destroyed through an expungment order, which must be issued by a judge to a police departmentpolice department

f. During interrogation, (police questioning), juveniles have the right to f. During interrogation, (police questioning), juveniles have the right to remain silent and have the right to an attorneyremain silent and have the right to an attorney

i. In People v. Lara (1967), the court decided that whether or not children are i. In People v. Lara (1967), the court decided that whether or not children are capable of waiving their rights during interrogation will be determined by capable of waiving their rights during interrogation will be determined by examining the 'totality of the circumstances in the case‘examining the 'totality of the circumstances in the case‘

ii. In Fare v. Michael C., the court held that a child asking to speak to a probation ii. In Fare v. Michael C., the court held that a child asking to speak to a probation officer is not equivalent to requesting to see an attorney (requesting to speak to officer is not equivalent to requesting to see an attorney (requesting to speak to an attorney invokes the child's Miranda rights)an attorney invokes the child's Miranda rights)

g. Children have a right to counsel at lineups after they are charged with a g. Children have a right to counsel at lineups after they are charged with a crimecrime

i. If this right is violated, any information produced at the pretrial identification stage of the i. If this right is violated, any information produced at the pretrial identification stage of the process will most likely be inadmissible in court due to fourth amendment protections (the process will most likely be inadmissible in court due to fourth amendment protections (the exclusionary rule)exclusionary rule)

C. Police DiscretionC. Police Discretion

1. Legal Factors - Police are able to exert a fair amount of discretion in society, and 1. Legal Factors - Police are able to exert a fair amount of discretion in society, and there are several ways in which law enforcement officers can deal with juvenilesthere are several ways in which law enforcement officers can deal with juveniles

a. Although police should make decisions based on legal criteria, sometimes they are a. Although police should make decisions based on legal criteria, sometimes they are influenced by non-legal factorsinfluenced by non-legal factors

i. Doug Smith found that suspects in lower-class neighborhoods were more likely to be arrested i. Doug Smith found that suspects in lower-class neighborhoods were more likely to be arrested than those police stopped in middle- or upper-class areas, in his 1986 studythan those police stopped in middle- or upper-class areas, in his 1986 study

ii. In 1972, 45% of juveniles taken into police custody were handled informally within the ii. In 1972, 45% of juveniles taken into police custody were handled informally within the department and released, while in 1999 this number dropped to 23%department and released, while in 1999 this number dropped to 23%

b. Legal Factors have great influence over the arrest decision: offense seriousness, b. Legal Factors have great influence over the arrest decision: offense seriousness, presence of evidence, and prior arrest recordpresence of evidence, and prior arrest record

i. The more serious the offense, the more likely it will be for the police officer to arrest the i. The more serious the offense, the more likely it will be for the police officer to arrest the juvenile, according to a study conducted by Robert Terryjuvenile, according to a study conducted by Robert Terry

ii. Generally speaking, police determine how they will handle a case based on 3 specific ii. Generally speaking, police determine how they will handle a case based on 3 specific criteria: was the offense sophisticated, malicious, or premeditated?criteria: was the offense sophisticated, malicious, or premeditated?

c. Robert Terry's study concluded that a juveniles' prior arrest record was a very c. Robert Terry's study concluded that a juveniles' prior arrest record was a very strong predictor of police actionstrong predictor of police action

d. Donald Black and Albert Reiss found that there are two ways that police determine d. Donald Black and Albert Reiss found that there are two ways that police determine whether a suspect was connected with a crime:whether a suspect was connected with a crime:

i. did police see the suspect commit the crime?i. did police see the suspect commit the crime?

ii. Informantsii. Informants

iii. In summary, police exercise an enormous amount of discretion when dealing with iii. In summary, police exercise an enormous amount of discretion when dealing with juvenilesjuveniles

2. Non-legal Factors2. Non-legal Factors

a. There are several non-legal factors that influence the decisions police officers a. There are several non-legal factors that influence the decisions police officers make when dealing with juveniles: Race, offender's attitude, social class, sex, age, make when dealing with juveniles: Race, offender's attitude, social class, sex, age, and structure of police departmentsand structure of police departments

b. Race has received much more attention than any other non-legal factor, especially b. Race has received much more attention than any other non-legal factor, especially when officers engage in racial-profilingwhen officers engage in racial-profiling

i. Proportionally, more black than white juveniles are arrested, and this may be related to i. Proportionally, more black than white juveniles are arrested, and this may be related to racial profilingracial profiling

ii. For example, many police departments may assign more patrol officers to black ii. For example, many police departments may assign more patrol officers to black neighborhoods than to white onesneighborhoods than to white ones

iii. In addition, negative attitudes about statistics related to race and criminal activity may iii. In addition, negative attitudes about statistics related to race and criminal activity may generate flawed, stereotypical views among police officers regarding race generate flawed, stereotypical views among police officers regarding race

c. Howard Becker noted in 1963 that citizens who were disrespectful to police officers c. Howard Becker noted in 1963 that citizens who were disrespectful to police officers were more likely to be arrested (this should go without saying!)were more likely to be arrested (this should go without saying!)

i. Several studies have shown that most police decision were based on character i. Several studies have shown that most police decision were based on character cues or social cues by the suspect (such as the juveniles age, race, grooming, cues or social cues by the suspect (such as the juveniles age, race, grooming, dress, and demeanor)dress, and demeanor)

ii. Researcher Aaron Cicourel examined the role of demeanor (which is alleged to ii. Researcher Aaron Cicourel examined the role of demeanor (which is alleged to be a principal predictor of outcome in police-citizen relations) and determined that be a principal predictor of outcome in police-citizen relations) and determined that police initially try to establish a 'trust' relationship with the suspectpolice initially try to establish a 'trust' relationship with the suspect

iii. If a police officer feels that this trust relationship is violated or tarnished, the iii. If a police officer feels that this trust relationship is violated or tarnished, the officer is much more likely to arrest the individualofficer is much more likely to arrest the individual

d. In contrast to these other researchers, David Klinger argued that the d. In contrast to these other researchers, David Klinger argued that the suspects' demeanor does not exert an independent impact on the arrest suspects' demeanor does not exert an independent impact on the arrest decision because the problem with earlier studies is that they did not control decision because the problem with earlier studies is that they did not control for hostile behavior that occurred after the arrest; therefore they could not for hostile behavior that occurred after the arrest; therefore they could not have influenced the arrest decisionhave influenced the arrest decision

e. There has also been a dispute as to whether or not social class played e. There has also been a dispute as to whether or not social class played any significant role in police-civilian relationsany significant role in police-civilian relations

i. Terence Thornberry found that social class had a strong effect on police dispositions that i. Terence Thornberry found that social class had a strong effect on police dispositions that did not go away when controlling for offense seriousness or prior recorddid not go away when controlling for offense seriousness or prior record

ii. Aaron Cicourel found that social class was related to police referrals of juveniles to court, ii. Aaron Cicourel found that social class was related to police referrals of juveniles to court, but explained that social class operated indirectly on the likelihood of court referral (i.e. but explained that social class operated indirectly on the likelihood of court referral (i.e. middle and upper class families were able to mobilize and utilize better resources after their middle and upper class families were able to mobilize and utilize better resources after their juvenile had come into contact with law enforcement)juvenile had come into contact with law enforcement)

f. Thomas Monahan reported that police were more likely to arrest girls than boys for f. Thomas Monahan reported that police were more likely to arrest girls than boys for sex offenses, also mentioning that police treated female suspects more lenientlysex offenses, also mentioning that police treated female suspects more leniently

i. Ruth Horowitz, Ann Pottiger found that girls who committed serious felonies were less i. Ruth Horowitz, Ann Pottiger found that girls who committed serious felonies were less likely to be arrested than boys, but were more likely than males to be arrested for less likely to be arrested than boys, but were more likely than males to be arrested for less serious crimesserious crimes

ii. There is also evidence that shows that once female delinquents are arrested, they are ii. There is also evidence that shows that once female delinquents are arrested, they are more likely to be referred to juvenile court and are treated more harshly than male more likely to be referred to juvenile court and are treated more harshly than male delinquents (early research conducted by Meda-Chesney Lind and Randall Shelden)delinquents (early research conducted by Meda-Chesney Lind and Randall Shelden)

g. Criminologists have also studied the relationship between an offender's age and g. Criminologists have also studied the relationship between an offender's age and police disposition, with Nathan Goldman finding that older youth were more likely to police disposition, with Nathan Goldman finding that older youth were more likely to be arrested and referred to juvenile courtbe arrested and referred to juvenile court

i. Goldman concluded that the offenses of very young children were typically less serious, i. Goldman concluded that the offenses of very young children were typically less serious, and that some police officers considered the offenses of young children as normal childish and that some police officers considered the offenses of young children as normal childish 'mischief‘'mischief‘

ii. Also, Goldman postulated that some police officers felt as though formal system ii. Also, Goldman postulated that some police officers felt as though formal system processing would do more harm than good, especially if they believed that the child did not processing would do more harm than good, especially if they believed that the child did not fit the stereotypical mold of a 'menace to society‘fit the stereotypical mold of a 'menace to society‘

iii. George Bodine found that for both first-time and repeat offenders, the percentages of iii. George Bodine found that for both first-time and repeat offenders, the percentages of children referred to court were smaller for younger juveniles than for older oneschildren referred to court were smaller for younger juveniles than for older ones

h. The structure and organization of a police department can also have a profound h. The structure and organization of a police department can also have a profound impact on how police deal with juvenilesimpact on how police deal with juveniles

i. In James Q. Wilson's comparative study of juvenile Bureaus in a Western City (highly i. In James Q. Wilson's comparative study of juvenile Bureaus in a Western City (highly bureaucratized) and an Eastern City (lacked systematic rules), he found that juveniles were bureaucratized) and an Eastern City (lacked systematic rules), he found that juveniles were either treated all the same or on a differential basis, respectivelyeither treated all the same or on a differential basis, respectively

ii. Wilson's study suggest that when there is both centralized management and close ii. Wilson's study suggest that when there is both centralized management and close supervision, departmental policy will more likely be adhered to by officers in the field supervision, departmental policy will more likely be adhered to by officers in the field

D. Police DiversionD. Police Diversion

1. Through Internal and External Diversion, officers are able to look at several 1. Through Internal and External Diversion, officers are able to look at several different options when taking a juvenile into custodydifferent options when taking a juvenile into custody

a. The most common form of internal diversion is diversion without referral in which a. The most common form of internal diversion is diversion without referral in which police warn, counsel and release the child without taking any formal actionpolice warn, counsel and release the child without taking any formal action

i. Contrarily, diversion with referral is when a youth is referred to a program administered by i. Contrarily, diversion with referral is when a youth is referred to a program administered by an agency other than the juvenile justice systeman agency other than the juvenile justice system

b. Internal diversion often takes one of the four following formsb. Internal diversion often takes one of the four following forms

i. an internal referral or an in-house diversion is the referral of a case from one branch of the i. an internal referral or an in-house diversion is the referral of a case from one branch of the police department to another branch that is better equipped to handle itpolice department to another branch that is better equipped to handle it

ii. Community volunteer programs identify and recruit citizens to provide assistance to ii. Community volunteer programs identify and recruit citizens to provide assistance to problem youth (i.e. Big Brothers/Big Sisters Club)problem youth (i.e. Big Brothers/Big Sisters Club)

iii. Recreational programs are utilized in many police departments across the nation and are iii. Recreational programs are utilized in many police departments across the nation and are based on the assumption that if youths are exposed to the benefits of sportsmanship, they based on the assumption that if youths are exposed to the benefits of sportsmanship, they will internalize these values and apply them to the other spheres of life (i.e. Police Athletic will internalize these values and apply them to the other spheres of life (i.e. Police Athletic League programs)League programs)

iv. Probation programs are designed to teach children that they must stay out of trouble, iv. Probation programs are designed to teach children that they must stay out of trouble, and juveniles in such programs must often report to police officers on a regular basisand juveniles in such programs must often report to police officers on a regular basis

c. External diversion programs serve as an alternative to processing the child through c. External diversion programs serve as an alternative to processing the child through the juvenile justice system, and police officers often use four criteria to determine the juvenile justice system, and police officers often use four criteria to determine whether or not to refer a youth to a community service agency:whether or not to refer a youth to a community service agency:

i. Acceptability – Police officers often have a tendency to stereotype certain service i. Acceptability – Police officers often have a tendency to stereotype certain service agencies (such as free clinics) as soft and coddling and typically view them with suspicionagencies (such as free clinics) as soft and coddling and typically view them with suspicion

ii. Suitability – Some agencies may only accept certain cases, and may have policies that ii. Suitability – Some agencies may only accept certain cases, and may have policies that inadvertently make them difficult to utilize by law enforcementinadvertently make them difficult to utilize by law enforcement

iii. Availability The availability of resources is no guarantee of quality and there is often a low iii. Availability The availability of resources is no guarantee of quality and there is often a low level of resource awareness among policelevel of resource awareness among police

iv. Accountability – By actively soliciting comments from referral agencies, police are better iv. Accountability – By actively soliciting comments from referral agencies, police are better able to make future referrals and to improve communication with service agenciesable to make future referrals and to improve communication with service agencies

d. In summary, there are several conclusions that can be reached when it comes to d. In summary, there are several conclusions that can be reached when it comes to law enforcement-juvenile relationslaw enforcement-juvenile relations

i. Police departments vary considerably in their policies with respect to juvenilesi. Police departments vary considerably in their policies with respect to juveniles

ii. The handling of serious offenses by police is often based on legal criteriaii. The handling of serious offenses by police is often based on legal criteria

iii. For misdemeanor crimes, the decision on whether or not to arrest an individual is based iii. For misdemeanor crimes, the decision on whether or not to arrest an individual is based primarily on the preference of the complainantprimarily on the preference of the complainant

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Length: 800 words -end of chapter 13 notesLength: 800 words -end of chapter 13 notes