Course Law Enforcement I Unit IX Juvenile Law Essential Question How are juveniles handled differently than adults when they are in custody? TEKS 130.293(c) (6)(B) (9)(A)(B) Prior Student Learning Discussion on the age range of a juvenile Estimated Time 2 to 3 hours Juvenile Law Rationale A police officer will experience juveniles committing offenses and arrest them. The officer needs to know the different rules that apply to juveniles in custody to avoid negative results like having the criminal case against the juvenile thrown out, civil action taken against the department, or the officer due to the mishandling of evidence and violation of rights concerning juveniles. Objectives The student will be able to: 1. Identify when a child is taken into custody. 2. Discuss how the rules for juveniles are different than those for adults when they are in custody. 3. Role play scenarios involving juveniles and the law. 4. Analyze a case involving a juvenile whose rights have been violated and critique what should have been done properly. Engage Have the students write a list of the rights (that they know of) that adults have when they are arrested. Then have the students add to the list the rights they think juveniles have when they are arrested. Then use the lists for a class discussion. Use the Discussion Rubric and the Writing Rubric as needed. Key Points I. What happens when a child is reported to law enforcement? A. Parents report a runaway, an abusive child, a child on drugs, an unruly child, or their child s criminal activity B. School personnel report juvenile delinquent activity or conduct in need of supervision C. Community Officials, such as county commissioners or anyone employed by the county, report delinquent conduct or conduct in need of supervision D. Concerned Citizens report the same type of activity E. Victims report offenses against their person or their property by juvenile offenders II. Providing Warning tices A. A warning issued by law enforcement to a juvenile is similar to a citation B. It is a warning to make the juvenile aware that law enforcement has observed or been made aware of questionable conduct C. The juvenile warning must: 1. Be in accordance to department standards (t just one 1
officer s method of controlling kids) 2. State the juvenile s identification and the type of warning issued 3. Include the date and time of the alleged offense 4. Be written and limited to only one per juvenile per event D. The warning gives the law enforcement officer a legal reason to stop and question the juvenile if he or she is suspected of committing the same act in the future. III. What must occur prior to taking a child into custody? A. Probable Cause 1. Must exist before an officer may take any person into custody, much less a juvenile 2. Exists when a law enforcement officer has reason to believe, either by on-view or information from a credible source that would lead a normal prudent person to believe, that a crime or unacceptable conduct had been committed or was about to be committed by the juvenile offender B. Mere suspicion 1. A belief that a child is guilty of, looks like he or she may be committing, or is about to commit a crime is not enough to justify taking a child into custody. 2. Suspicious activity does warrant and provide an officer with legal grounds to stop and question an individual. This, however, does not constitute a detention. C. Previous criminal activity by a juvenile does not constitute probable cause or suspicion. IV. What is the difference between temporary detention and taking into custody? A. If an officer stops a juvenile for a violation of the traffic code and, based on the odor emitting from the car he has reason to believe that the juvenile has been smoking marijuana, the officer has the right to temporarily detain the juvenile, even to the point of using handcuffs. This is for the safety of the juvenile and the officer while the officer conducts a search of the car for the marijuana he or she has reason to believe is stored in the car or on the juvenile. The officer does not have probable cause to take the juvenile into custody but does have probable cause to search the juvenile and his or her vehicle. B. If the officer checks the console of the car and discovers a large bag of approximately four ounces of a green leafy substance that his/her experience says is marijuana. At that point the officer does have probable cause to believe that the juvenile is in possession of the marijuana due to the fact that the juvenile is in care, custody, and control of his or her car. Therefore, the juvenile could be taken 2
into custody. C. An exception to this example would be if there was another individual in the car who confessed to the officer that they were the owners of the marijuana. The probable cause for custody would then switch to the person confessing to the possession. D. However, the officer still has probable cause to believe that the juvenile is under the influence of the drug, based on the odor of the smoke emitting from the vehicle. The officer may choose to take the juvenile into custody as a child with conduct in need of supervision. At this point the officer may release the juvenile to a parent or other responsible adult or take the juvenile directly to a juvenile processing facility where he or she will be referred to juvenile probation as a child with conduct in need of supervision. V. Taking a child into custody A. Once a child is in custody the law enforcement officer must transport the child directly to a juvenile processing facility. B. From the moment a child is taken into custody the clock starts ticking. C. A child can only be held in custody by law enforcement for a total of six hours. D. Upon completion of processing, the juvenile may be kept longer by directive of juvenile probation to place the child into a local detention facility, to protect the child from harming him or herself or others. E. At this point the child must have a hearing in the juvenile court within 48 hours to determine if further detention is required or whether further processing is required. VI. What happens to a child while in custody? A. The child may be held just until the parents arrive to take custody. B. The necessary state forms are completed. C. The child may be photographed and fingerprinted. D. The child will receive a magistrate s warning (if the magistrate is available). E. Law enforcement takes the child s written statement subsequent to the magistrate s warning if the child waives his or her right to remain silent. VII. What is a juvenile processing facility? A. It is an office or room in a police station, sheriff s office, or school office that is: 1. Certified and approved by the local juvenile board 2. Used for temporary detention only 3. t a cell or holding facility used for other types of detention B. The child 3
1. Must not be held longer than six hours 2. Is never left unattended 3. Is entitled to be accompanied by a parent, guardian or the child s attorney 4. Has the right to private consultation, for a reasonable period of time, at any time during temporary detention, with his or her parents or attorney VIII. What if the parents or guardians do not take custody of the child within the six hour period? A. If juvenile probation determines that a child should be placed in a detention center to await a judge or in order to protect the child from harm or to protect others from harm, the law enforcement officer who took the child into custody must transport the child to the detention center, even if it is out of the county. B. Whether in a detention facility, a secure correctional facility, or a certified juvenile office, the child must be kept separate from adult offenders by sight and sound. IX. When can a child be taken into custody? A. A juvenile court order B. Custody pursuant to the laws of arrest C. Probable cause exists, leading a law enforcement officer to believe that a criminal offense or conduct in need of supervision has occurred. D. A juvenile who is in violation of probationary requirements is taken into custody by juvenile probation based on probable cause. E. Pursuant to a directive to apprehend from any legal court X. What is a Directive to Apprehend? A. A juvenile court order B. Authorization of any law enforcement to take a child into custody C. Probable cause must be determined by the court XI. Juvenile Confessions A. What a juvenile tells law enforcement subsequent to questioning from law enforcement is not legal and cannot be used against a juvenile. B. All juveniles, regardless of age or severity of crime, must first receive a Magistrate s Warning before law enforcement can ask them to provide a written statement. C. The Magistrate s Warning is the state s legal requirement to make sure that the juvenile is aware of why they are in custody, what crime or conduct they have been accused of, and specifically what their rights are. D. However, once a child is taken into custody they must be taken 4
directly to a juvenile processing facility. E. tice of the custody must be promptly given along with a verbal statement of the reason for taking the child into custody to: 1. The child s parents/guardians 2. The juvenile processing office XII. What happens after a written confession? A. One of the following events must occur: 1. Release the child to a parent/guardian 2. Bring the child before the juvenile processing office 3. Take the child to a juvenile detention facility 4. Take the child to a secure detention facility 5. Take the child to a medical facility 6. Dispose of the case without referral XIII. Fingerprinting and Photographing A. A child may not be photographed or fingerprinted without consent of the local juvenile board unless the child is taken into custody for a Class B Misdemeanor or greater. B. Voluntary written consent from a parent/guardian C. Other fingerprints exist and the officer has probable cause to believe that the juvenile s prints may match those existing prints D. A juvenile runaway may be printed and photographed E. Prints and photos are not available to the public F. All information concerning a juvenile, if the juvenile is not referred, must be destroyed within ten days subsequent to the custody of the juvenile Activities 1. Have the students complete the Juvenile Defense Attorney Activity on the Juvenile Defense Attorney Activity Handout. Assess the students written responses using the Writing Rubric. 2. As a group exercise, ask the students to create their own crime scenario and act out the involvement of the criminal justice system in which the child is taken into custody and processed through the system. The students will express their knowledge of probable cause, mere suspicion, juvenile processing offices, and written statements. Use the Peer Evaluation Rubric and the Role Play Rubric for assessment. Assessments Juvenile Law Exam and Key Discussion Rubric Individual Work Rubric Peer Evaluation Rubric Role Play Rubric 5
Summary Rubric Writing Rubric Materials Juvenile Law computer-based presentation Juvenile Defense Attorney Activity Handout Resources Texas Juvenile Law Fourth Edition: Robert O. Dawson & Bryant Smith University of Texas School of Law Texas Juvenile Law Fourth Edition 1997 Supplement: Robert O. Dawson & Bryant Smith University of Texas School of Law Office of Juvenile Justice and Delinquency Prevention http://www.ojjdp.gov/ Texas Juvenile Probation Commission http://www.tjpc.state.tx.us/ Accommodations for Learning Differences For reinforcement, students will write out an imaginary story involving a juvenile who is arrested for a crime. The students will identify the actions the police need to take during the process to ensure that the case will not get dropped because of sloppy police work. Use the Individual Work Rubric for assessment. For enrichment, students will take a field trip to the local police station to see how a juvenile s holding location is different from an adult s. Have students write a summary of the experience. Use the Summary Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.293. Law Enforcement I (One to Two Credits). (6) The student analyzes custody and interrogation as they relate to the United States Supreme court decision in Miranda v. Arizona. The student is expected to: (B) explain the additional requirements above the Miranda warnings for juvenile suspects, offenders, and witnesses; (9) The student executes protocols and procedures protecting the rights of juvenile offenders and victims. The student is expected to: (A) (B) discuss juvenile law as it relates to the steps in processing status offenses of juveniles; and demonstrate the procedure for holding conferences with juveniles and parents or guardians. Career and College Readiness Standards English Language Arts 6
I. Writing A. Compose a variety of texts that demonstrate clear focus, the logical development of ideas in well-organized paragraphs, and the use of appropriate language that advances the author s purpose. 1. Determine effective approaches, forms, and rhetorical techniques that demonstrate understanding of the writer s purpose and audience. 2. Generate ideas and gather information relevant to the topic and purpose, keeping careful records of outside sources. 3. Evaluate relevance, quality, sufficiency, and depth of preliminary ideas and information, organize material generated, and formulate a thesis. 4. Recognize the importance of revision as the key to effective writing. Each draft should refine key ideas and organize them more logically and fluidly, use language more precisely and effectively, and draw the reader to the author s purpose. 5. Edit writing for proper voice, tense, and syntax, assuring that it conforms to standard English, when appropriate. 7
Juvenile Defense Attorney Activity Handout Read the following scenario and write down your answers to the questions: Imagine you are a juvenile defense attorney. You have a client who is 15 years old who comes into your office with his parents. He tells you that he was arrested for a crime and was just released from the police department and has come straight to your office. He claims that his rights as a juvenile were violated. He tells you that he was arrested while traveling with a friend in the front passenger seat of a car. He says the police pulled his friend over. He says the police had them get out of the car and searched it without asking the driver for permission. He says the car smelled only like the air freshener that was in the car. He says there were marijuana seeds underneath his seat that he claims were not his and he knew nothing about. He says he was arrested for possession of drug paraphernalia (Class C Misdemeanor) after his friend denied knowing anything about them. He says the police took him to their adult jail where they photographed and fingerprinted him without talking to his parents about the situation first. He says that he was then taken to an interview room by himself with a detective where he gave a written confession. He says the confession was not true but he was scared so he put down what he thought the police wanted to hear. He says he was returned to his jail cell where a 21- year-old inmate was staying. He says he stayed there for two nights until he was bailed out. What rights will you tell him he has as a juvenile that were violated? Explain to him why those rights were violated and how and why it is different from an adult who would be in the same situation. 8
Name Date Juvenile Law Exam Questions 1-10 are True or False. Each statement must include all facets of the law to be considered True. 1. Only school officials can report delinquent conduct or conduct in need of supervision. A. True B. False 2. A warning notice is a written notice similar to a traffic citation that is given by law enforcement as an effort to curtail delinquent conduct or conduct in need of supervision. A. True B. False 3. Any peace officer in the State of Texas can take a child into custody if he or she feels the child is up to no good. A. True B. False 4. Probable Cause exists when a peace office, either by on-view, or by information from a reliable, trustworthy source leads that officer to believe, as it would any normal, prudent person, that a crime has been committed or is about to be committed, or that conduct in need of supervision has or is about to be committed. A. True B. False 5. A juvenile processing office is an office or a room in a police station, a sheriff s office, or a school that has been especially set aside, certified, and approved by the local juvenile board as a juvenile processing office. A. True B. False 6. Once a child is taken into custody the child may be detained up to sixteen hours. A. True B. False 7. A law enforcement warning is used strictly to help curtail crime and is not a legal means for questioning or observing actions of that juvenile at a later date in the future. A. True B. False 8. Once the juvenile is in custody he or she must be kept out of sight and sound of any adult criminal. A. True B. False 9. If the child requires transport to a juvenile detention facility the law enforcement officer taking the child into custody must transport the child to the detention facility. 9
A. True B. False 10. A directive to apprehend is a juvenile court order authorizing any law enforcement or probation officer to take a child into custody if the court finds that probable cause does exist. A. True B. False The following questions are multiple choice; choose the answer that best fits the question. 11. When may a juvenile be taken into custody? A. Pursuant to the laws of arrest B. Only by court order C. Only by juvenile court order D. ne of the above 12. When a warning notice is issued to a child, when should the officer issuing the notice send a written copy of the warning to the child s parent or guardian? A. Whenever they feel like it B. Within 30 days C. As soon as practical D. Do not need to send a copy 13. After an officer issues a written warning to a juvenile, with whom should the officer file a copy of the notice? A. The records clerk B. The official or office designated by the juvenile board C. Mail a copy to the local magistrate D. ne of these 14. Mere suspicion of criminal activity is when a law enforcement officer has A. A gut feeling that something is wrong B. Does not like the way a juvenile is dressed C. The juvenile is out past midnight D. The juvenile is a known criminal from the past 15. A child may be detained in a juvenile processing facility for A. Photographing and fingerprinting, if authorized B. Up to 8 hours C. To interrogate the child s involvement in a crime D. ne of these 16. Once a child is taken into custody by law enforcement A. The law enforcement officer may take the child to the alleged crime scene in order for the child to show where evidence may be hidden B. The law enforcement officer may, realizing the child has not had lunch, stop off and buy the child a hamburger at a local restaurant C. The law enforcement officer may pull through a drive-through and buy the child a drink 10
D. The law enforcement officer must proceed directly to the juvenile processing office and may not stop anywhere on the way to the office 17. A person taking a child into custody must. A. Inform only the school that the child is in custody B. Inform only the parents that the child is in custody C. Inform the school officials and the child s parents or guardians D. t worry about notifying anyone and let the school worry about that 18. A juvenile confession, written or oral, may be taken at any time the child decides he or she want to cooperate with the police if A. Law enforcement has obtained written approval and a waiver of rights from the child B. The child has received a Magistrate s Warning and has legally waived his or her rights C. The child is not under arrest D. A and B above 19. A magistrate s warning must include A. tification to the juvenile informing him or her of the crime or action being charged against him or her B. Why they were taken into custody C. The child s right to refuse to speak to law enforcement or to provide a written statement in any form D. All of the above 20. A Magistrate s Warning is required to be given A. In Spanish if the juvenile only understands the Spanish language B. In English if that is the child s native language C. Both A and B D. Only in English, it is up to the child to obtain an interpreter Bonus Question(s): (Possible 10 points) Janie was reported by her school principal to local law enforcement for missing five consecutive days from school after the principal was unable to locate Janie at home, and her parents could not advise about her whereabouts. Describe what should be law enforcement s reaction to the report and provide a detailed report of the process Janie must go through once she is located, including what charges will be filed against her. 11
Juvenile Law Exam Key 1. B 2. A 3. B 4. A 5. A 6. B 7. B 8. A 9. A 10. A 11. A 12. C 13. B 14. A 15. A 16. D 17. C 18. B 19. D 20. C 12
Name Date Objectives 4 pts. Excellent Discussion Rubric 3 pts. 2 pts. Needs Some Good Improvement 1 pt. Needs Much Improvement N/A Pts. Participates in group discussion Encourages others to join the conversation Keeps the discussion progressing to achieve goals Shares thoughts actively while offering helpful recommendations to others Gives credit to others for their ideas Respects the opinions of others Involves others by asking questions or requesting input Expresses thoughts and ideas clearly and effectively Total Points (32 pts.) Comments: 13
Name Date Objectives Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated Individual Work Rubric 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Time management Student used time wisely and remained on task 100% of the time Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved *Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information Total Points (20 pts.) Comments: 14
Your Name Your Group Number Peer Evaluation 1) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 2) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 15
3) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 4) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 16
5) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 6) Name of Student At what level of seriousness did they take this activity? t Very Serious Very Serious Did they make a significant contribution to the brainstorming process? Did they make a significant contribution to preparing for the skit? What was the level of their participation in the skit(s)? ne A Lot Would you want to work with this person in a group again based on their level of productivity? Total Score 17
Name: Date: Role Play Rubric Objectives 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. Relates to the audience Provides fluent rendition of the scenario All required content is included Acts with feeling and expression Varies intonation Presents characters appropriately Gives the scenario its full range Breaches are easily identified Total Points (32 pts.) Comments: 18
Name Date Objectives The critical analysis has all required parts from introduction to body to conclusion. The critical analysis is concise but complete. The critical analysis demonstrates that the writer comprehends the content. The critical analysis demonstrates accurate spelling, grammar, and punctuation. The overall content of the critical analysis emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. The source of the critical analysis is clearly and accurately documented. The critical analysis demonstrates the correct use of terminology. 4 pts. Excellent Summary Rubric 3 pts. 2 pts. Needs Some Good Improvement 1 pt. Needs Much Improvement N/A Pts. Total Points (32 pts.) Comments: 19
Name: Date: Writing Rubric Objectives The writing has all required parts from introduction to conclusion in smooth transition. The writing is interesting, supportive, and complete. The writing demonstrates that the writer comprehends the writing process. Accurate spelling, grammar, and punctuation 4 pts. Excellent 3 pts. Good 2 pts. Needs Some Improvement 1 pt. Needs Much Improvement N/A Pts. The content of paragraphs emphasizes appropriate points. The writer shows an understanding of sentence structure, paragraphing, and punctuation. All sources and references are clearly and accurately documented. Total Points (28 pts.) Comments: 20