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Introduction: You have now been exposed to the basic structure of the juvenile justice system. Essentially, the system is thought of as the police, probation officers, juvenile judges, the juvenile court, and juvenile corrections. This week will focus specifically on how police are involved in the juvenile justice system. The role of policing in working with juveniles varies in many ways, and those distinctions are important to your understanding of the juvenile justice system.

This week in relation to the course: This week, you are introduced to the wide variety of non-system alternatives. That is, programs that are not part of the governmental agency system but that impact the lives of most young people and their families who find themselves at the edge of the formal system. These programs are usually called prevention or intervention efforts. It is generally less costly to prevent a crime from happening and to stop a youth from developing non-compliant behaviors early on. However, proving the effectiveness of these programs can be challenging, especially when justifying funding to legislators for prevention efforts instead of reactive measures like incarceration.

Interestingly, the most seemingly rigid component of the juvenile justice system, the police, can be the most flexible and informal. Police have significant discretion and the most regular personal contact with at-risk youth. They often decide whether to counsel a juvenile or refer them to juvenile court. Understanding police discretion, accountability, and best practices is vital, as well as concepts like CHINS (Children in Need of Services), community policing, restorative policing, sealing records, and divestiture.

Practical Applications and Questions

1. In what ways have you observed or experienced the use or abuse of police discretion?
2. How can expanding the rights of youth often cause the system to become tougher?

Tools, Readings, and Simulations Help Solidify Concepts

While police discretion generally benefits youth by directing them away from formal proceedings, it can also have negative consequences depending on an officer’s predispositions toward certain behaviors or youth. For instance, status offenders are youth who are considered delinquent due to their behavior but are not technically delinquents—examples include runaways, truants, or youths consuming alcohol. Efforts are usually made to keep these youths out of detention and correctional facilities. However, if nonsecure placements are ineffective, police may escalate their response, labeling these youths as offenders for behaviors like trespassing or vandalism, possibly resulting in secure confinement. Family situations and the juvenile court’s parens patriae doctrine, which aims to act in the best interest of the youth, can sometimes override protections under due process, leading to such escalations.

Summary

There are numerous community-based programs and alternatives to formal juvenile justice processing that have helped prevent many youths from entering or advancing within the system. These programs not only potentially save costs but also help youths avoid the stigma associated with delinquent labels. Police increasingly partner with community organizations and schools, recognizing the importance of Keeping nonviolent youth out of the formal system for both economic efficiency and the preservation of human potential.

References

• Baker, T., & Beard, T. (2020). Juvenile Justice: An Introduction (5th ed.). Routledge.
• Dowden, C., & Andrews, D. A. (2019). Dissecting the “Principles of Effective Intervention”: A meta-analysis of youth justice programs. Crime & Delinquency, 65(2), 273-300.
• Francis, D. J., & Kubu, B. (2021). Community policing and youth: Opportunities for engagement. Journal of Community Safety and Wellbeing, 6(2), 89-95.
• Hagan, J., & McCarthy, B. (2018). Mean Streets: Youth Crime as a Call for Social Change. Routledge.
• Latimer, J., et al. (2019). Restorative justice in juvenile sentencing: A systematic review. Campbell Systematic Reviews, 15(1), 1-73.
• Mears, D.P., & Rosenfeld, R. (2020). The Role of Police Discretion in Youth Crime Prevention. Justice Quarterly, 37(3), 423-448.
• Minow, M. (2018). Making All the Difference: Inclusion, Exclusion, and American Law. Beacon Press.
• Skogan, W., & Hartnett, S. (2019). Community Policing, Youth Crime, and Discretion. Policing: An International Journal, 42(4), 676-689.
• Stinchcomb, J. B., et al. (2022). Evaluation of Community-based Juvenile Diversion Programs. Journal of Juvenile Justice, 10(2), 45-63.
• Tyler, T. R. (2017). Why People Obey the Law. Princeton University Press.