Juvenile offenders still find themselves on the wrong side of the law by committing acts that are believed to be wrongful when only committed by minors. Such offenses are referred to as status offenses . They usually encompass constraints placed on minors to help them avoid bad behaviors such as dropping out of school, returning home late, using addictive substances such as illegal drugs, alcohol, bang, and nicotine, among others ( Bonnie et al. 2015). The case presented on Any Town Police Department, which was on patrol and notices the minors engaging in activities that amount to status offenses is a clear case that remains essential in understanding the basics of status offenses and consequences of the minors’ actions. Although most minors have reformed based on the status offense charges against them, the police still encounter juvenile delinquency and are mostly placed in situations whereby violation must be carefully considered with the aim of upholding the rule of law and offer the juveniles the help necessary ( Bonnie et al. 2015) . This paper will offer responses to four major questions linked to the case of Any Town Police Department presented.
In a list, you make in your report specifically identify the status offense laws that are being violated by each of the underage teenage violators.
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In the case presented, it is clear that all the teenagers have violated different status offenses . Nonetheless, it is noteworthy that any juvenile is likely to find him/herself in various situations that are deemed status offenses because of their age at the moment when they commit the alleged crime. For instance, some of the status offenses evident in the scenario include possession and consumption of alcohol, truancy, possession of cigarettes. Specifically, in this scenario, the juveniles loitering outside the convenience store have showed a clear violation of curfew because it is indicated that the time is 1:00 am. In fact, there are three main violations of curfew whereby there are at least two violations related to possession and consumption of alcohol, and a single violation of possession and use of tobacco. To be precise, all the four minors are in violation of city curfew because the two male teenagers holding beer cans have violated status offense that deals with possession and consumption of alcohol. Conversely, the female teenager is also in violation of status offense that deals with underage possession and use of tobacco or such substances.
Identify how you are going to process the scene each of the underage teenage kid violators, then explain in detail why you made your decision to handle the status offense in that specific manner.
When it comes to handling cases of status offenses such as the ones committed by these teenagers or youths, it is imperative to be mindful of different factors. One of the most important factors to consider is the law in one’s jurisdiction that applies to the situation. The other factor to consider is whether the case should be processed in juvenile court or informally. Although, many police departments use similar processes when handling juvenile offender, as an officer; one must determine his/her path of choice considering the factors highlighted above. However, in this scenario, the officer must consider factors such as whether or not the parents are willing to retrieve their children or cooperate with the officer at the crime scene (National & Schuck, 2013). The other issue is whether or not the juvenile is willing to cooperate with the officer and the severity or the frequency of the crime.
First, I will take the youths back to the department as I await their retrieval by their parents or guardians. Second, I will warn them against the curfew offense they committed as I await their pickup by the parents. Although when it comes to enforcement rate of the punishment against underage drinking being low, I would advise them regarding the consequences of underage drinking and the likely consequences. Mindful of this aspect, I will propose a $400 fine on the teenagers who were holding alcohol cans in their hands. Additionally, I will propose that they are enrolled in an alcohol education or management program, accompanied by 48 hours of community service.
Alternatively, after issuing a verbal warning, I will hold a conference with the parents, the juveniles, and teachers among other people. I may also refer them to youth services or a community agency that will help them mitigate such problems. Above all, I will not make any custodial arrests and make the whole process informal ( Bonnie et al. 2015).
Describe how you would handle any of the teenage status offense violators who is being uncooperative at the scene. How would this affect your decision on how to handle this status offense case?
When it comes to handling an uncooperative teenager at the scene, I would first separate such a teenager from the rest of the teenagers and place him/her in the portal car. The next step would be to make a call for back up and then transport the uncooperative teenager to the department for further interrogation or questioning. I also believe that the behavior and the attitude of a juvenile make a great difference in the process of enforcing the law and the use of discretion. In most cases, a juvenile who is well-mannered and is very polite is likely to make off with a reprimand, however; an aggressive one may end up in the juvenile courts to respond to his or her charges. Above all, it is always good to be mindful of the juvenile’s welfare because this is what forms the basis of all juvenile systems.
If you have one or more uncooperative parent who refuses to come to the scene and pick up their child would this affect your decision on how you handle the case, and if so what would you then do with the child?
In case any of the parents prove uncooperative and refuse to come and pick or retrieve their children, the teenager(s) would then be detained for at least not more than 24 hours until the teenager appears to the juvenile court (Benton, Inada & Sandt, 2010). After taking such a move, I would then notify the parent(s) once more to appear for the hearing date, time and where. In fact, after making such notification , parent(s) must adhere to the request because they are expected to appear. I would then begin the pursuit of removing the teenager from home based on the universal belief that most courts maintain (Feld & Bishop, 2012), which is that the well-being of the juvenile is best-taken care of by maintaining the natural ties to their parents. Nonetheless, in occasions where evidence shows that a juvenile might be in danger, the state assumes or becomes the legal guardian of such a teenager.
Finally, based on the scenario presented of Any Town Police Department, which was on patrol and noticed the minors engaging in activities that amount to status offenses; it becomes clear that handling such a situation require carefulness ( Kendal & Hawke, 2007) . Handling juvenile offenders such as the ones who have been in violations such as possession and consumption of alcohol, truancy, and possession of cigarettes or tobacco require astuteness and mindfulness of the laws regarding juvenile justice system (Feld & Bishop, 2012).
References
Benton, H., Inada, S. S., & Sandt, C. (2010). Representing juvenile status offenders . Washington, D.C: American Bar Association.
Bonnie, R. J., Stratton, K., Kwan, L. Y., Committee on the Public Health Implications of Raising the Minimum Age for Purchasing Tobacco Products., & Institute of Medicine (U.S.). (2015). Public health implications of raising the minimum age of legal access to tobacco products . Washington, D.C: The National Academies Press.
Feld, B. C., & Bishop, D. M. (2012). The Oxford handbook of juvenile crime and juvenile justice . Oxford: Oxford University Press.
Kendal, J.R. & Hawke, C. (2007). “Juvenile Status Offenses: Treatment and Early Intervention.” Retrieved on April 19, 2018 from https://www.americanbar.org/content/dam/aba/migrated/publiced/tab29.authcheckdam.pdf
National, R. C., & Schuck, J. A. (2013). Reforming juvenile justice - a developmental approach . National Academies Press.
