crim 309
Skip this Video
Download Presentation
CRIM 309

Loading in 2 Seconds...

play fullscreen
1 / 9

CRIM 309 - PowerPoint PPT Presentation

  • Uploaded on

CRIM 309. Juveniles and the Police. Taking Juveniles into Custody. Most constitutional protections afforded to adults at arrest are also given to juveniles

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about 'CRIM 309' - johana

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
crim 309

CRIM 309

Juveniles and the Police

taking juveniles into custody
Taking Juveniles into Custody
  • Most constitutional protections afforded to adults at arrest are also given to juveniles
    • Must have probable cause to make an arrest: “facts and circumstances within the officers’ knowledge…are sufficient in themselves to warrant…belief that an offense has been or is begin committed.”
    • Juveniles may be arrested as long as probable cause can be established—a warrant is not necessary
  • Types of arrests
    • Warrant—Written order from the court to make an arrest; neutral magistrate determines probable cause
    • Warrantless—Police officer making the arrest determines probable cause
    • Officers may take juveniles into custody for noncriminal behavior (e.g., running away)
    • For status offenses (conduct in need of supervision) officers may use reasonable suspicion to take a juvenile into custody
making the decision
Making the Decision
  • Officers use a lot of discretion when deciding to make an arrest
    • Legal factors
      • Seriousness of offense
      • Frequency of offending
      • Prior/current involvement in system
    • Extralegal factors
      • Race/ethnicity
      • Gender
      • Socioeconomic status
      • Demeanor
      • Family Situation
      • Victim/citizen complaint
other legal rights
Other Legal Rights
  • Stop and Frisk allowed with reasonable suspicion—only protective “pat-down”; full search requires probable cause
  • Search and Seizures
    • Many must occur with a warrant
    • Others do not require a warrant
      • Probable cause
      • Consent: Do juvenile’s have valid consent?
consenting to a search
Consenting to a Search
  • Consent must be voluntary based on totality of the circumstances
    • Conditions considered:
      • Age
      • Maturity
      • Experience in the system
  • Consent from parents
    • Debatable
    • Depends on the state
other exceptions
Other Exceptions
  • School searches
    • Public officials do not need a warrant
    • Role of police still open
  • Juveniles on probation
    • Probation officers are allowed
    • Police allowed if part of probation agreement
miranda rights
Miranda Rights
  • Juveniles under custodial interrogation must be told of their Miranda rights
    • In custody (under arrest or deprived freedom) and under interrogation; and
    • Under interrogation (when police ask questions that tend to incriminate)
  • Juveniles may waive their Miranda rights
    • Must be an intelligent waiver—knows what he/she is doing and is competent to do so
    • Must be voluntary—not give as a result of threat, empty promise or force
    • Determined by “totality of circumstances”
miranda rights continued
Miranda Rights, Continued
  • Role of parents
    • Some states require consultation with parents before waiving their rights
    • Depends on the state—not all require
  • Role of attorney
    • Some states require consultation with attorney before waiving rights
    • Depends on the state—not all require
  • Juveniles must clearly and unambiguously invoke their Miranda rights—remaining silent is not enough
issues of confidentiality
Issues of Confidentiality
  • The level of confidentiality depends on state law for the following—certain aspects of each issue have not been resolved for juveniles in the courts
    • Fingerprinting
    • DNA
    • Lineups and Photographs
    • Media use of juvenile information—this has been established as allowed