Juvenile Law
Course
Law
Enforcement I
Unit IX
Juvenile Law
Essential
Question
How are
juveniles
handled
differently than
adults when
they are in
custody?
TEKS
§130.293(c)
(6)(B)
(9)(A)(B)
Prior Student
Learning
Discussion on
the age range of
a juvenile
Estimated Time
2 to 3 hours
Rationale
A police officer will experience juveniles committing offenses and arrest
them. The officer needs to know the different rules that apply to juveniles in
custody to avoid negative results like having the criminal case against the
juvenile thrown out, civil action taken against the department, or the officer
due to the mishandling of evidence and violation of rights concerning
juveniles.
Objectives
The student will be able to:
1. Identify when a child is taken into custody.
2. Discuss how the rules for juveniles are different than those for adults
when they are in custody.
3. Role play scenarios involving juveniles and the law.
4. Analyze a case involving a juvenile whose rights have been violated
and critique what should have been done properly.
Engage
Have the students write a list of the rights (that they know of) that adults
have when they are arrested. Then have the students add to the list the
rights they think juveniles have when they are arrested. Then use the lists for
a class discussion. Use the Discussion Rubric and the Writing Rubric as
needed.
Key Points
I.
What happens when a child is reported to law enforcement?
A. Parents report a runaway, an abusive child, a child on drugs, an
unruly child, or their child’s criminal activity
B. School personnel report juvenile delinquent activity or conduct in
need of supervision
C. Community Officials, such as county commissioners or anyone
employed by the county, report delinquent conduct or conduct in
need of supervision
D. Concerned Citizens report the same type of activity
E. Victims report offenses against their person or their property by
juvenile offenders
II.
Providing Warning Notices
A. A warning issued by law enforcement to a juvenile is similar to a
citation
B. It is a warning to make the juvenile aware that law enforcement
has observed or been made aware of questionable conduct
C. The juvenile warning must:
1. Be in accordance to department standards (Not just one
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officer’s method of controlling kids)
2. State the juvenile’s identification and the type of warning
issued
3. Include the date and time of the alleged offense
4. Be written and limited to only one per juvenile per event
D. The warning gives the law enforcement officer a legal reason to
stop and question the juvenile if he or she is suspected of
committing the same act in the future.
III.
What must occur prior to taking a child into custody?
A. Probable Cause
1. Must exist before an officer may take any person into
custody, much less a juvenile
2. Exists when a law enforcement officer has reason to believe,
either by on-view or information from a credible source that
would lead a normal prudent person to believe, that a crime
or unacceptable conduct had been committed or was about
to be committed by the juvenile offender
B. Mere suspicion
1. A belief that a child is guilty of, looks like he or she may be
committing, or is about to commit a crime is not enough to
justify taking a child into custody.
2. Suspicious activity does warrant and provide an officer with
legal grounds to stop and question an individual. This,
however, does not constitute a detention.
C. Previous criminal activity by a juvenile does not constitute
probable cause or suspicion.
IV. What is the difference between temporary detention and taking into
custody?
A. If an officer stops a juvenile for a violation of the traffic code and,
based on the odor emitting from the car he has reason to believe
that the juvenile has been smoking marijuana, the officer has the
right to temporarily detain the juvenile, even to the point of using
handcuffs. This is for the safety of the juvenile and the officer while
the officer conducts a search of the car for the marijuana he or she
has reason to believe is stored in the car or on the juvenile. The
officer does not have probable cause to take the juvenile into
custody but does have probable cause to search the juvenile and
his or her vehicle.
B. If the officer checks the console of the car and discovers a large
bag of approximately four ounces of a green leafy substance that
his/her experience says is marijuana. At that point the officer does
have probable cause to believe that the juvenile is in possession of
the marijuana due to the fact that the juvenile is in care, custody,
and control of his or her car. Therefore, the juvenile could be taken
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into custody.
C. An exception to this example would be if there was another
individual in the car who confessed to the officer that they were the
owners of the marijuana. The probable cause for custody would
then switch to the person confessing to the possession.
D. However, the officer still has probable cause to believe that the
juvenile is under the influence of the drug, based on the odor of
the smoke emitting from the vehicle. The officer may choose to
take the juvenile into custody as a child with conduct in need of
supervision. At this point the officer may release the juvenile to a
parent or other responsible adult or take the juvenile directly to a
juvenile processing facility where he or she will be referred to
juvenile probation as a child with conduct in need of supervision.
V.
Taking a child into custody
A. Once a child is in custody the law enforcement officer must
transport the child directly to a juvenile processing facility.
B. From the moment a child is taken into custody the clock starts
ticking.
C. A child can only be held in custody by law enforcement for a total
of six hours.
D. Upon completion of processing, the juvenile may be kept longer by
directive of juvenile probation to place the child into a local
detention facility, to protect the child from harming him or herself or
others.
E. At this point the child must have a hearing in the juvenile court
within 48 hours to determine if further detention is required or
whether further processing is required.
VI. What happens to a child while in custody?
A. The child may be held just until the parents arrive to take custody.
B. The necessary state forms are completed.
C. The child may be photographed and fingerprinted.
D. The child will receive a magistrate’s warning (if the magistrate is
available).
E. Law enforcement takes the child’s written statement subsequent to
the magistrate’s warning if the child waives his or her right to
remain silent.
VII. What is a juvenile processing facility?
A. It is an office or room in a police station, sheriff’s office, or school
office that is:
1. Certified and approved by the local juvenile board
2. Used for temporary detention only
3. Not a cell or holding facility used for other types of detention
B. The child
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1. Must not be held longer than six hours
2. Is never left unattended
3. Is entitled to be accompanied by a parent, guardian or the
child’s attorney
4. Has the right to private consultation, for a reasonable period
of time, at any time during temporary detention, with his or
her parents or attorney
VIII. What if the parents or guardians do not take custody of the child within
the six hour period?
A. If juvenile probation determines that a child should be placed in a
detention center to await a judge or in order to protect the child
from harm or to protect others from harm, the law enforcement
officer who took the child into custody must transport the child to
the detention center, even if it is out of the county.
B. Whether in a detention facility, a secure correctional facility, or a
certified juvenile office, the child must be kept separate from adult
offenders by sight and sound.
IX. When can a child be taken into custody?
A. A juvenile court order
B. Custody pursuant to the laws of arrest
C. Probable cause exists, leading a law enforcement officer to believe
that a criminal offense or conduct in need of supervision has
occurred.
D. A juvenile who is in violation of probationary requirements is taken
into custody by juvenile probation based on probable cause.
E. Pursuant to a directive to apprehend from any legal court
X.
What is a Directive to Apprehend?
A. A juvenile court order
B. Authorization of any law enforcement to take a child into custody
C. Probable cause must be determined by the court
XI. Juvenile Confessions
A. What a juvenile tells law enforcement subsequent to questioning
from law enforcement is not legal and cannot be used against a
juvenile.
B. All juveniles, regardless of age or severity of crime, must first
receive a “Magistrate’s Warning” before law enforcement can ask
them to provide a written statement.
C. The Magistrate’s Warning is the state’s legal requirement to make
sure that the juvenile is aware of why they are in custody, what
crime or conduct they have been accused of, and specifically what
their rights are.
D. However, once a child is taken into custody they must be taken
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directly to a juvenile processing facility.
E. Notice of the custody must be “promptly” given along with a verbal
statement of the reason for taking the child into custody to:
1. The child’s parents/guardians
2. The juvenile processing office
XII. What happens after a written confession?
A. One of the following events must occur:
1. Release the child to a parent/guardian
2. Bring the child before the juvenile processing office
3. Take the child to a juvenile detention facility
4. Take the child to a secure detention facility
5. Take the child to a medical facility
6. Dispose of the case without referral
XIII. Fingerprinting and Photographing
A. A child may not be photographed or fingerprinted without consent
of the local juvenile board unless the child is taken into custody for
a Class B Misdemeanor or greater.
B. Voluntary written consent from a parent/guardian
C. Other fingerprints exist and the officer has probable cause to
believe that the juvenile’s prints may match those existing prints
D. A juvenile runaway may be printed and photographed
E. Prints and photos are not available to the public
F. All information concerning a juvenile, if the juvenile is not referred,
must be destroyed within ten days subsequent to the custody of
the juvenile
Activities
1. Have the students complete the Juvenile Defense Attorney Activity on
the Juvenile Defense Attorney Activity Handout. Assess the students
written responses using the Writing Rubric.
2. As a group exercise, ask the students to create their own “crime”
scenario and act out the involvement of the criminal justice system in
which the child is taken into custody and processed through the system.
The students will express their knowledge of probable cause, mere
suspicion, juvenile processing offices, and written statements. Use the
Peer Evaluation Rubric and the Role Play Rubric for assessment.
Assessments
Juvenile Law Exam and Key
Discussion Rubric
Individual Work Rubric
Peer Evaluation Rubric
Role Play Rubric
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Summary Rubric
Writing Rubric
Materials
Juvenile Law computer-based presentation
Juvenile Defense Attorney Activity Handout
Resources
Texas Juvenile Law Fourth Edition: Robert O. Dawson & Bryant Smith
University of Texas School of Law
Texas Juvenile Law Fourth Edition 1997 Supplement: Robert O. Dawson &
Bryant Smith University of Texas School of Law
Office of Juvenile Justice and Delinquency Prevention http://www.ojjdp.gov/
Texas Juvenile Probation Commission http://www.tjpc.state.tx.us/
Accommodations for Learning Differences
For reinforcement, students will write out an imaginary story involving a
juvenile who is arrested for a crime. The students will identify the actions the
police need to take during the process to ensure that the case will not get
dropped because of sloppy police work. Use the Individual Work Rubric for
assessment.
For enrichment, students will take a field trip to the local police station to see
how a juvenile’s holding location is different from an adult’s. Have students
write a summary of the experience. Use the Summary Rubric for
assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.293. Law Enforcement I (One to Two Credits).
(6)
The student analyzes custody and interrogation as they relate
to the United States Supreme court decision in Miranda v.
Arizona. The student is expected to:
(B) explain the additional requirements above the Miranda
warnings for juvenile suspects, offenders, and
witnesses;
(9)
The student executes protocols and procedures protecting the
rights of juvenile offenders and victims. The student is
expected to:
(A)
discuss juvenile law as it relates to the steps in
processing status offenses of juveniles; and
(B)
demonstrate the procedure for holding conferences with
juveniles and parents or guardians.
Career and College Readiness Standards
English Language Arts
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I. Writing
A. Compose a variety of texts that demonstrate clear focus, the logical
development of ideas in well-organized paragraphs, and the use of
appropriate language that advances the author’s purpose.
1. Determine effective approaches, forms, and rhetorical
techniques that demonstrate understanding of the writer’s
purpose and audience.
2. Generate ideas and gather information relevant to the topic
and purpose, keeping careful records of outside sources.
3. Evaluate relevance, quality, sufficiency, and depth of
preliminary ideas and information, organize material generated,
and formulate a thesis.
4. Recognize the importance of revision as the key to effective
writing. Each draft should refine key ideas and organize them
more logically and fluidly, use language more precisely and
effectively, and draw the reader to the author’s purpose.
5. Edit writing for proper voice, tense, and syntax, assuring that
it conforms to standard English, when appropriate.
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Juvenile Defense Attorney Activity Handout
Read the following scenario and write down your answers to the questions:
Imagine you are a juvenile defense attorney. You have a client who is 15 years old who comes
into your office with his parents. He tells you that he was arrested for a crime and was just
released from the police department and has come straight to your office. He claims that his
rights as a juvenile were violated. He tells you that he was arrested while traveling with a friend
in the front passenger seat of a car. He says the police pulled his friend over. He says the
police had them get out of the car and searched it without asking the driver for permission. He
says the car smelled only like the air freshener that was in the car. He says there were
marijuana seeds underneath his seat that he claims were not his and he knew nothing about.
He says he was arrested for possession of drug paraphernalia (Class C Misdemeanor) after his
friend denied knowing anything about them. He says the police took him to their adult jail where
they photographed and fingerprinted him without talking to his parents about the situation first.
He says that he was then taken to an interview room by himself with a detective where he gave
a written confession. He says the confession was not true but he was scared so he put down
what he thought the police wanted to hear. He says he was returned to his jail cell where a 21year-old inmate was staying. He says he stayed there for two nights until he was bailed out.
What rights will you tell him he has as a juvenile that were violated? Explain to him why those
rights were violated and how and why it is different from an adult who would be in the same
situation.
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Name________________________________
Date__________________________
Juvenile Law Exam
Questions 1-10 are “True” or “False”. Each statement must include all facets of the law to be
considered “True”.
1. ____ Only school officials can report delinquent conduct or conduct in need of supervision.
A. True
B. False
2. ____ A warning notice is a written notice similar to a traffic citation that is given by law
enforcement as an effort to curtail delinquent conduct or conduct in need of supervision.
A. True
B. False
3. ____ Any peace officer in the State of Texas can take a child into custody if he or she feels the
child is up to no good.
A. True
B. False
4. ____ Probable Cause exists when a peace office, either by on-view, or by information from a
reliable, trustworthy source leads that officer to believe, as it would any normal, prudent
person, that a crime has been committed or is about to be committed, or that conduct in
need of supervision has or is about to be committed.
A. True
B. False
5. ____ A juvenile processing office is an office or a room in a police station, a sheriff’s office, or
a school that has been especially set aside, certified, and approved by the local juvenile
board as a juvenile processing office.
A. True
B. False
6. ____ Once a child is taken into custody the child may be detained up to sixteen hours.
A. True
B. False
7. ____ A law enforcement warning is used strictly to help curtail crime and is not a legal means
for questioning or observing actions of that juvenile at a later date in the future.
A. True
B. False
8. ____ Once the juvenile is in custody he or she must be kept out of sight and sound of any
adult criminal.
A. True
B. False
9. ____ If the child requires transport to a juvenile detention facility the law enforcement officer
taking the child into custody must transport the child to the detention facility.
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A. True
B. False
10. ____ A directive to apprehend is a juvenile court order authorizing any law enforcement or
probation officer to take a child into custody if the court finds that probable cause does
exist.
A. True
B. False
The following questions are multiple choice; choose the answer that best fits the question.
11. ____ When may a juvenile be taken into custody?
A. Pursuant to the laws of arrest
B. Only by court order
C. Only by juvenile court order
D. None of the above
12. ____ When a warning notice is issued to a child, when should the officer issuing the notice
send a written copy of the warning to the child’s parent or guardian?
A. Whenever they feel like it
B. Within 30 days
C. As soon as practical
D. Do not need to send a copy
13. ____ After an officer issues a written warning to a juvenile, with whom should the officer file a
copy of the notice?
A. The records clerk
B. The official or office designated by the juvenile board
C. Mail a copy to the local magistrate
D. None of these
14. ____ Mere suspicion of criminal activity is when a law enforcement officer has
A. A gut feeling that something is wrong
B. Does not like the way a juvenile is dressed
C. The juvenile is out past midnight
D. The juvenile is a known criminal from the past
15. ____ A child may be detained in a juvenile processing facility for
A. Photographing and fingerprinting, if authorized
B. Up to 8 hours
C. To interrogate the child’s involvement in a crime
D. None of these
16. ____ Once a child is taken into custody by law enforcement
A. The law enforcement officer may take the child to the alleged crime scene in order for
the child to show where evidence may be hidden
B. The law enforcement officer may, realizing the child has not had lunch, stop off and
buy the child a hamburger at a local restaurant
C. The law enforcement officer may pull through a drive-through and buy the child a
drink
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D. The law enforcement officer must proceed directly to the juvenile processing office
and may not stop anywhere on the way to the office
17. ____ A person taking a child into custody must ___________________.
A. Inform only the school that the child is in custody
B. Inform only the parents that the child is in custody
C. Inform the school officials and the child’s parents or guardians
D. Not worry about notifying anyone and let the school worry about that
18. ____ A juvenile confession, written or oral, may be taken at any time the child decides he or
she want to cooperate with the police if
A. Law enforcement has obtained written approval and a waiver of rights from the child
B. The child has received a Magistrate’s Warning and has legally waived his or her
rights
C. The child is not under arrest
D. A and B above
19. ____ A magistrate’s warning must include
A. Notification to the juvenile informing him or her of the crime or action being charged
against him or her
B. Why they were taken into custody
C. The child’s right to refuse to speak to law enforcement or to provide a written
statement in any form
D. All of the above
20. ____ A Magistrate’s Warning is required to be given
A. In Spanish if the juvenile only understands the Spanish language
B. In English if that is the child’s native language
C. Both A and B
D. Only in English, it is up to the child to obtain an interpreter
Bonus Question(s): (Possible 10 points)
Janie was reported by her school principal to local law enforcement for missing five consecutive days
from school after the principal was unable to locate Janie at home, and her parents could not advise
about her whereabouts.
Describe what should be law enforcement’s reaction to the report and provide a detailed report of the
process Janie must go through once she is located, including what charges will be filed against her.
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Juvenile Law Exam Key
1. B
2. A
3. B
4. A
5. A
6. B
7. B
8. A
9. A
10. A
11. A
12. C
13. B
14. A
15. A
16. D
17. C
18. B
19. D
20. C
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
13
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Your Name___________________________________ Your Group Number_______
Peer Evaluation
1) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
2) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
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3) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
4) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
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5) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
6) Name of Student________________________________________
At what level of seriousness did they take this activity?
Not Very Serious
Very Serious
0
1
2
3
4
Did they make a significant contribution to the brainstorming process?
No
Yes
0
1
2
3
4
Did they make a significant contribution to preparing for the skit?
No
Yes
0
1
2
3
4
What was the level of their participation in the skit(s)?
None
A Lot
0
1
2
3
4
Would you want to work with this person in a group again based on
their level of productivity?
No
Yes
0
1
2
3
4
Total Score_______
17
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Name:____________________________________
Date:_____________________________
Role Play Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Relates to the audience
Provides fluent rendition of the
scenario
All required content is included
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Comments:
18
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Name_______________________________________
Date_______________________________
Summary Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The critical analysis has all required
parts from introduction to body to
conclusion.
The critical analysis is concise but
complete.
The critical analysis demonstrates
that the writer comprehends the
content.
The critical analysis demonstrates
accurate spelling, grammar, and
punctuation.
The overall content of the critical
analysis emphasizes appropriate
points.
The writer shows an understanding
of sentence structure,
paragraphing, and punctuation.
The source of the critical analysis is
clearly and accurately documented.
The critical analysis demonstrates
the correct use of terminology.
Total Points (32 pts.)
Comments:
19
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
20
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