Reporting Juvenile Crime

1. Reporting Juvenile Crime Measuring Juvenile Criminal Behavior Presented by: Zak Morton

2. Objectives • Clarify what to count as a Juvenile Arrest • Review the process of compiling the monthly Juvenile ASR report • Clarify the difference between Race and Ethnic Origin • Review Police Dispositions of Juveniles Under 16 Years of Age

3. Juvenile-Under 18 Years of AgeFBI UCR Definition “For UCR purposes a juvenile arrest is counted when the circumstances are such that if the individual was an adult, an arrest would have been made.” - Uniform Crime Reporting (UCR) Handbook

4. Measuring Criminal Activity • Statistics are being gathered to measure criminal activity, not court activity or formal arrests

5. What does the ASR Report collect? • Total number of persons “arrested”, cited, or summoned for all Part I and Part II crimes during a specified month • Demographic characteristics of persons arrested (age, sex, race, ethnic origin) • The number of persons arrested, not the number of charges lodged

6. Components of a “Juvenile Arrest” • probable cause • “taken into custody”, or issued an appearance ticket

7. “Taken Into Custody” “Taken into custody” means that the juvenile is no longer free to leave regardless of whether he or she is • handcuffed • placed in a police vehicle • brought to a police station • taken directly to Family Court or secure detention • given an appearance ticket OR • warned and released without further action

8. “Warned and Released” Example #1 • Juvenile male is taken into police custody after he is observed shoplifting • After questioning, the juvenile is warned by the police and released to his parents • No formal charges are brought against the juvenile

9. “Warned and Released” Example #2 • Juvenile is pulled over for speeding • Vehicle search uncovers drug paraphernalia and a small quantity of marijuana • Juvenile is detained by police until her legal guardian arrives at the scene • Juvenile is released to legal guardian with no formal charges are lodged

10. What is NOT a “juvenile arrest”? If there is no probable cause, an arrest should NOT be counted on the ASR report.

11. Examples • Teenagers in the town park after closing are instructed by police to leave. • A juvenile taken into custody for his or her own protection, e.g., neglect cases. • Follow-up contact with young offenders by officers for the purpose of determining the offender’s progress.

12. Importance of ASR data In New York State, “juvenile arrest” data from the ASR Report is the ONLY indicator of juvenile crime. • Used to inform policy and funding decisions. • Measure Disproportionate Minority Contact (DMC) • Part of national data set

13. Preparing the ASR Report Arrests of Juveniles Under 18 years of age

15. Count People, Not Charges The ASR Report counts the number of people arrested, not the number of charges lodged.

16. TheHierarchy Rule “If a person is arrested for multiple offenses that were committed simultaneously, only the offense highest in the hierarchy of UCR Crimes is counted.”

17. Hierarchy Rule Example Two women are arrested for breaking into a car dealership after closing hours (Burglary). They stole cash from the dealership’s office safe (Larceny-theft) and two new automobiles from the garage (Motor Vehicle Theft). What offense should be reported?

18. Separation of Time and Place A person may be arrested multiple times during a month for similar or different violations within a jurisdiction. When there is a separation of time between arrests, the agency must score each arrest separately.

19. Separation of Time and Place Example • Man and woman parked in secluded location • Gunman shoots and kills man, abducts woman, drives her across town and rapes her • Two separate crimes – Homicide and Rape • Hierarchy rule is not used due to separation of time and place

20. Classifying Race and Ethnic Origin

21. Race and Ethnic Origin • Races: Black, White, American Indian or Alaskan Native, Asian or Pacific Islander • Ethnic Origin: Hispanic, Non-Hispanic

22. Classifying Race White: having origins in any of the original people of Europe, North Africa, or the Middle East.

23. Classifying Race Black: having origins in any of the black racial groups of Africa.

24. Classifying Race American Indian or Alaskan Native: Having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.

25. Classifying Race Asian or Pacific Islander: Having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or Pacific Islands. This includes, China, India, Japan, Korea, the Philippine Islands, and Samoa.

26. Ethnic Origin Hispanic: A person of Mexican, Puerto Rican, Cuban, South or Central American, or other Spanish speaking culture, regardless of race. Non-Hispanic: All other people.

27. Determining Race and Ethnic Origin of Arrestees • Use “best judgment” to determine the race AND ethnic origin of the person arrested.

28. Classifying Race and Ethnic Origin Example A 15 year old male is arrested after leaving a gas station without paying for the gas he pumped into his car. When police arrest him, he identifies himself as Puerto Rican. How should the arrestee be classified with regard to Race AND Ethnic Origin?

29. Use Your Best Judgment! ALWAYS indicate the race and ethnic origin of the person arrested! Please do NOT leave either race and ethnic origin blank!

30. Juvenile Disposition Data Persons Under 16 Years of Age

31. Police Disposition of Juveniles

32. State vs. National Definitions • New York State Definition – Under 16 Years of Age • National Definition - Under 18 Years of Age

33. Reconciling Juvenile Dispositions with the Juvenile ASR form • Only report the disposition of juveniles under 16 that were reported on the ASR • Do NOT include juveniles that did not commit a UCR offense • Total dispositions = total # of reported arrests of persons under 16 on the ASR

34. Law Enforcement Interventions 1. Handled Within Department and Released 2. Referred to Juvenile Court or Probation 3. Referred to Welfare Agency 4. Referred to Other Police Agency 5. Referred to Criminal or Adult Court

35. 1. Handled within Department and Released • Juvenile Under 16 years of age • Arrested, but not referred to family court • No formal charge filed against the juvenile

36. 2. Referred to Juvenile Court or Probation Include all Under-16 Juveniles referred to • probation department • person, agency, or group within jurisdiction of Family Court

37. 3. Referred to Welfare Agency Include juveniles referred to welfare agencies rather than family court or probation. Welfare agencies can be public or private. Examples: Local Boys and Girls Club, Police Athletic League, or local Dept. of Social Services.

38. 4. Referred to Other Police Agency Include Juveniles who 1. Are arrested at request of another law enforcement agency 2. Committed crime in one jurisdiction but reside in another and turned over to home jurisdiction for handling These arrests should NOT be counted on the ASR report.

39. 5. Referred to Criminal or Adult Court Include any Under-16 Juveniles referred to adult court for the juvenile offender process

40. Discontinuation of Runaways • DCJS has discontinued collecting data on Runaways. • Unnecessary to report data for juveniles taken into custody as runaways, truants, or curfew and loitering law violators.

41. Follow-Up on Inconsistent Data DCJS will call your agency to verify the accuracy of data that deviates from reported norms.

43. For More Information Please Contact NYS Division of Criminal Justice Services Crime Reporting Unit 1-800-262-3257 Email:crimereporting@dcjs.ny.gov