Question: What Are The Rights Of Juveniles When Encountered By Law Enforcement?

How do juveniles feel about the police?

(1996) found that 81.9 percent of their respondents believed the police do a good job protecting them against crime, while in the current sample only 32.2 percent of the juveniles said the police “do a good job stopping crime.” Frank and his colleagues (1996) found that 46.7 percent of their White respondents and 30.9 ….

How do police handle juveniles?

Police officers handle noncriminal behavior — known as status offenses — involving juveniles. Skipping school, running away from home and violating curfews are status offenses. Police also intervene in non-delinquent cases in which youngsters are reported missing or believed to have been abused or neglected.

What other options are there besides jail for 16 year olds that commit a crime?

Alternatives to jail and prison currently available can arrest.inpatient drug/alcohol rehabilitation.inpatient psychiatric treatment, release.

What does restorative justice mean?

Google the term and you’ll see restorative justice is defined as “a system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large.” It may sound like a term used in a prison.

How does restorative justice fit into the juvenile justice system?

The Crimes (Restorative Justice) Act 2004 allows for juveniles to be referred by the police, during the court process, or post-sentence. The Act seeks to meet the needs of victims and offenders by providing a safe environment in which they can participate in repairing the harm caused by crime.

What rights do juveniles have that adults do not?

Juveniles don’t have all of the same constitutional rights in juvenile proceedings as adults do. For example, juveniles’ adjudication hearings are heard by judges because youthful offenders don’t have the right to a trial by jury of their peers. They also don’t have the right to bail or to a public trial.

How do police officers use discretion?

In a law enforcement context, discretion only concerns decisions that are made in a legal setting. When decisions that are made by officers do not yield the desired positive results, but are made in good faith, these decisions still fall under the umbrella of discretion.

What factors affect the discretion of the police when dealing with juvenile offenders?

DISCRETION: HOW THE POLICE DECIDE WHAT TO DO The three legal factors that most influence taking a juvenile into custody are the seriousness of the offense, the frequency of the offense, and involvement with the juvenile justice system.

Why should juveniles not be charged as adults?

Beyond what brain science reveals about adolescent development, experts contend that the adult criminal justice system does not deter repeat offenses by juveniles under 18. Youth placed in the adult system had 34 percent more re-arrests, and often, at faster rates and more dangerous levels.

What is the difference between juvenile and adults?

Adults are prosecuted for “committing crimes” while juveniles are prosecuted for committing “delinquent acts.” If the delinquent acts are extremely serious, such as extreme crimes of violence such as murder, the court system may decide to charge the juvenile as an adult, in which case they would be tried in the adult …

Does a police officer have to tell you why you are being detained?

The police do not have to tell you that you are a suspect or that they intend to arrest you, but if they use force or a show of authority to keep you from leaving, they probably consider you a suspect, even if you were the person who called the police.

Should discretion be taken away from law enforcement?

Officer discretion is a powerful, basic tool in policing. Removing officer discretion by creating “must arrest” offenses would result in too many unnecessary arrests, while creating “can’t arrest” offenses would result in people ignoring the existing laws.

Do police have too much discretion?

Inevitably, the police must use some discretion in carrying out their job. But too much discretion can be dangerous — it can promote discrimination, unpredictability and, most fatally, injustice. … An effective and workable criminal justice system relies on police discretion.