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Unformatted text preview: Interrogations
Interrogations Court has ruled the voluntariness of waiving right against selfincrimination based on totality of circumstances (Fare v. Michael C, 1979). A few states require consultation with parent or attorney prior to interrogation. Research: 55% of juvenile inadequately understand Miranda Warning vs. 37% of adults. 62% of juveniles believe they would be penalized by a judge for remaining silent (Grisso, 1980). Police and Juvenile Justice Juvenile Justice Flowchart
Juvenile Justice Flowchart Referral Sources
Referral Sources Parents or Guardians. School and social service agents. Police (90% of referrals). – Patrol Officers.
– Youth or Juvenile Officers. Juvenile Officers
Juvenile Officers Agents of the Juvenile Court Solo or in Specialized Juvenile Units (Juvenile Aid Bureau). Specialized Training. – Social Work, sociology. Psychology etc.
– Child and Adolescent Development
– ParentChild Conflicts.
– Provide appropriate service referrals. Functions of the Police
Functions of the Police First point of contact (Often initiate contact). Primary Gatekeepers into the juvenile justice system. Refer youth to diversionary services. Make detention decisions and recommendations. Execute warrants and help monitor probation compliance. Decision Options for Juvenile Officers
Decision Options for Juvenile Officers Petition to Juvenile Court.
Referral to service agencies/Police Diversion.
Voluntary police supervision.
Recommend waiver to adult court.
Recommend Detention. Factors Affecting Police Factors Affecting Police Discretion Punitive vs. Service orientation
– “Moral character”
Race and Gender
Age Seriousness of the Offense.
Demeanor (including dress and body language) Polite and contrite vs. hostile or nonchalant. Situational and Legal Contextual Factors Affecting Police Factors Affecting Police Discretion Punitive vs. Service orientation
Situational and Legal Seriousness of the Offense. Prior Record. Quality of the Evidence. Victim injury and victim (complainant) preference. Victim/offender relationship Contextual – Demeanor (including dress and body language) Polite and contrite vs. hostile or nonchalant.
– Mental Health
– Legalistic Factors Factors Affecting Police Factors Affecting Police Discretion Punitive vs. Service orientation
Situational and Legal
Legalistic Factors Contextual Factors – Neighborhood Characteristics (Ecological Contamination; Anything “out of place”)
– System Resources.
– Community Policing.
– Zero tolerance (“broken windows”) policing Factor Affecting Police Juvenile Arrest Decisions
(Violent Crimes Only) Source: National Incident Based Reporting System, 19971998 (Pope & Snyder, 2003) Police Initiatives, Programs, and Services
Police Initiatives, Programs, and Services Juvenile Curfew Enforcement and Gang Loitering laws (No strong evidence that it works). G.R.E.A.T. (May work) Restorative Justice Conferences (Works). Gang Suppression. ...
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This note was uploaded on 11/20/2011 for the course CRIMINAL J 202:322 taught by Professor Hirschfield during the Spring '10 term at Rutgers.
- Spring '10