Policing Juveniles
Police typically encounter juveniles when responding to a call.
Police try to treat minors with least restrictive alternative unless the
case is considered a violent crime. Then they use strict
enforcement strategies.
To make legal arrest police need probable cause:
1. Offense took place
2. Person appears to be the guilty party
In most encounters with juveniles, police do not make an arrest.
Policing Juveniles
In most encounters with juveniles, police do not make an arrest.
Police may arrest for status offenses, things adults would not be
arrested for, because they have in loco parentis authority.
Juveniles are protected by 4th and 5th amendments.
Policing Juveniles
Juveniles are protected by 4th and 5th amendments.
4th
To conduct a search, police need probable
cause
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School officials need reasonable grounds
It is up to states for whether teachers may
search lockers and desks carte blanche
Policing Juveniles
Once arrested or taken into custody, juveniles are protected by 5th
amendment.
5th
Kids must be informed of their rights.
Can a kid waive rights without a parent or attorney present?
Policing Juveniles
Can a kid waive rights without a parent or attorney
present?
Yes
Kids can waive their rights under the totality of
circumstances doctrine:
The decision maker (kid) considered all the issues
and circumstances of a case before judging the
outcome; the suspect’s age, intelligence, and
competency may be issues that influence his or her
understanding and judgment.
Policing Juveniles
The police exercise discretion in
deciding whom to arrest and
whom to refer to juvenile
court. They are a filter.
In surveys, most juveniles 10-17
report violating the law
30.3 million kids that age
Police have some contact with many,
but the actual number of contacts is
unknown since police often take no
formal action—the majority are let go
Policing Juveniles
Discretion
So number of arrests is a lot less than contacts
As an example...
Police in 1996 arrested 1,315,578
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They released 23.3%
Referred 1% to welfare agencies
Referred 1% to other police agencies
The sent 69% to juvenile court
And 6% to adult court
Policing Juveniles
Discretion
Community to community, Police leniency varies. Some
communities may arrest only 10% of contacts versus 70%
Some show court referrals in all cases, but others show 4 out of 5
counseled and released.
Policing Juveniles
Discretion
The police filtering process is not random, but is affected by
several criteria that help to determine who will be arrested
and for what reasons

Police are humans too, using “Lazy Thinking”
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Police believe they should arrest kids for minor offenses for
which they would not arrest adults
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Their actions reflect the moral stance of society toward kids
Minor offense arrests outnumber serious offense arrests (70%)
Policing Juveniles
Discretion
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Offense seriousness, however, is positively related to
likelihood of arrest
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Police are highly sensitive to public attitudes, arresting or
releasing juveniles upon the wishes of the complainant.
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If societal attitudes toward blacks are worse, what will
complainants want?
If societal attitudes toward kids are worse, what will complainants
want in juvenile’s cases?
If societal attitudes are negative toward the poor?
Policing Juveniles
Discretion
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Suspect’s history or reputation plays a role in decisions.
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Parental factors such as single-parent homes matter.
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Neighborhood plays a major role in determining whether to arrest.
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If other referral options do not exist in an area, police are more likely
to arrest.
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Drunk persons are arrested more.
Policing Juveniles
Discretion
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Police tend to treat girls and boys differently.
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There is some evidence that girls are perceived as less criminal.
Girls who are arrested for status offenses are “taught a lesson”
more frequently than boys.
Police “read” kids’ behaviors
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White and upper-class respect and demeanor are signs that the
kid is just getting into trouble rather than starting on a criminal
career
Policing Juveniles
Discretion
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Bias against minorities and lower classes is not dramatic
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Rather, at each level in the system, kids from minority and lowerclass communities are perceived differently and are slightly more
likely to be treated harshly. The small differences become big
over time.
Policing Juveniles
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Does Police Officers’ Race Matter?
Yes:
White officers are more likely to arrest
suspects than black officers
Black officers are more likely to arrest black
suspects than white officers
Policing Juveniles
Discretion
Probably the most important decisions in law enforcement are
made by the police, not judges or probation officers.
Results of police discretion:

attitudes of cops can lead to differential treatment
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changes in attitudes can alter arrest statistics among kids
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does courts a favor with triage, otherwise overwhelmed
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less deliberate treatment of juveniles, policies ignored
Policing Juveniles
Police might need specialized training for appropriately handling
juveniles.
Community policing is likely to enhance discretion for police in
juvenile cases.
Police who deal with juveniles experience role conflict because
acting as a law enforcer is often incompatible with helping
kids avoid trouble for themselves.
How would you feel if trying to police children?