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Team A - Exercise 5
Contributors: Amy, April, Danielle, Jeff
Juvenile Delinquents go through a lengthy process that begins with an arrest, proceeds through prosecution and conviction, and ends with the punishment. Through this process many juveniles are able to slip through the cracks and receive little to no punishment. Which part of the process is to blame? That is, do the police have too much freedom in the discretion? Or is within the court system that fails to control juvenile crime?
Juvenile Delinquents go through a lengthy process that begins with an arrest, proceeds through prosecution and conviction, and ends with the punishment. Through this process many juveniles are able to slip through the cracks and receive little to no punishment. Which part of the process is to blame? That is, do the police have too much freedom in the discretion? Or is within the court system that fails to control juvenile crime? Some people believe that the courts fear problems such as overcrowding or a statistical rise in crime. The result could leave delinquents in the hands of diversion strategies that involve non-profit organizations such as the Boys and Girls Club. Although these organizations may be helpful, they may just provide a remedial approach to address the problem in the leniency in juvenile processing.
Some people believe that the courts fear problems such as overcrowding or a statistical rise in crime. The result could leave delinquents in the hands of diversion strategies that involve non-profit organizations such as the Boys and Girls Club. Although these organizations may be helpful, they may just provide a remedial approach to address the problem in the leniency in juvenile processing.
Do the police have the right to let some crimes go because they are considered petty? How is this supposed to teach juveniles the lessons of life in order to conform to a civil society? Researchers need to find out whom or what is to blame for this failed processing of juvenile delinquents.
Police are allowed to use their discretion on whether or not or arrest a juvenile. They are allowed to let a juvenile to go free after they have committed a crime depending on the situation. Police discretion can be based on many things. An officer has the ability to use his or her discretion based on several factors: the seriousness of an offense, what type of behavior the juvenile is demonstrating at the time they are being taken into custody, a juvenile's prior arrest record, or the presence of evidence are just a few.
Traditionally, juveniles charged with a status offense such as truancy or running away may not be detained by police. These youths often commit these acts in response to an underlying problem such as an abusive environment (family, etc.) or substance abuse.
Often, an officer uses their discretion based humanitarian reasons. An example could be a police officer may bring a juvenile home to his parents for discipline as opposed to taking the juvenile to the police station for processing and the possibility of a permanent record. In many cases where discretion is used it is in status offenses and first or second time offenders. When discretion is used there still appears to be guidelines as too when they can use discretion and the amount of discretion. In 1997 the number of violent crimes committed by juveniles had doubled from a decade ago, and as a result Congress was pushing for legislation to prevent an increase in juvenile crime.
This was all part of the "Get Tough On Crime" legislation in the early and mid-90s. Congress had imposed federal mandates on state and local governments to limit their individual ability to deal effectively with juvenile crimes. Law enforcement authorities are not allowed to use the most efficient techniques for detaining and confining juvenile delinquents. This resulted in juveniles being put back on the streets sending the wrong message to other juvenile delinquents.
The examples above are considered some legal aspects of police discretion. However there are also non-legal factors that come into play as well. Factors such as race, offender's attitude, social class, sex, and age. According to our text over 30,000 juvenile dispositions showed that for both first-time and repeat offenders, the percentages of children referred to court were smaller fro younger juveniles than for older ones. Our text also states that proportionally more black tan white juveniles are arrested.
Due to racial profiling police departments assign more patrol officers to black neighborhoods than to white ones. Racial profiling could be considered an example the looseness in processing of juveniles of a certain race. There are many political implications if this were the case (As in, do we live in a racist society?).
One internet source entitled Juvenile Justice and Disporportionality, says that youth of color were referred to juvenile court at a rate twice that of whites. They also state that by letting go of white or younger juveniles, you may be avoiding future problems. If one of these younger offenders regardless of race is let go they are more likely to be involved in another juvenile offense.
If the police consistently return delinquents back to society, then the only message that was given was that juveniles learn that delinquent behavior is accepted or expected. However, there are many case in which the police can not ignore. Some delinquents commit crimes that are severe enough that even the police can not ignore. After the arrest it is all up to the courts to decide the fate of a juvenile.
Discretion in courts: According to the Department of Juvenile Justice and Delinquency Prevention (OJJDP) website, "six states grant prosecutors discretion to decide when to try juveniles as adults in court proceedings but attempt to limit that discretion in some way". In Florida, for example, in cases involving specified age/offense categories, a State's Attorney must either attempt an adult prosecution or provide the juvenile court with written reasons for failing to do so. Before exercising direct file authority to prosecute juveniles as adults in Nebraska and Wyoming, prosecutors are required to give consideration to the same kinds of enumerated "factors" that are ordinarily weighed by courts making waiver determinations". The courts have a wide range of discretion when it comes to cases, and it could even promote juvenile delinquency.
By allowing the courts to look at each individual on a case-by-case matter, you are essentially giving special treatment to some individuals and denying others. Court discretion ranges from judges to prosecutors, defenders and sentencing rulings to be based off of what they deem is a correct course of action. The system promotes delinquency because individuals know that for first, second or even third time offenses the courts may "cut some slack" due to of the juvenile's age or the offense itself. The courts look at offender's records, and their potential ability to be reformed. According to the Juvenile Justice Study Committee in California, people who exercise discretion in the Juvenile system is the "District Attorney by filing, modifying, reducing or changing charges.
Judges determine whether or not the juvenile is guilty. They can assign probation, foster care or group home, or other alternative programs like juvenile ranch or boot camp. They can also determine whether a juvenile accused of a serious offense is unfit to be tried as a juvenile or as an adult. The point is with too much discretion juveniles have the ability to slip through the cracks and get away with certain offenses that will eventually lead to other crimes later on.
Perhaps both the police and the court system have too much freedom. Maybe some of the rights of discretion should be taken away from the both in order to reduce the softness the country sees on the punishment of juveniles. If Congress is going to get tough on crime maybe should get tough on the employees that are supposed to protect and preserve.
Those who are assigned this task may feel the pressure to perform rather than luxury to pick and choose their battles. In any case, there needs to be a serious look at some kind of reform in both agencies in order to solve the problem of our troubled youth.
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