PoliceandJuvJust2_12_08post

PoliceandJuvJust2_12_08post - Interrogations Interrogations...

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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. Action Suspended. Insufficient Evidence. Exoneration. Voluntary police supervision. Recommend waiver to adult court. Recommend Detention. Factors Affecting Police Factors Affecting Police Discretion Punitive vs. Service orientation Individual – – – – – – – – “Moral character” Social Class Family Stability Race and Gender Age Seriousness of the Offense. Prior Record. 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 Individual 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 Individual Situational and Legal – – Demeanor. 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.

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