Taking a juvenile into custody: situational factors that influence police officers' decisions.
Situational factors that influence police officers decisions to take juveniles into custody were investigated. A cross-sectional self administered survey was conducted. Four-hundred and twenty-eight male and female police officers from six police districts in Cleveland Ohio completed and submitted a twenty-five item questionnaire. Using a logistic regression In statistics, logistic regression is a regression model for binomially distributed response/dependent variables. It is useful for modeling the probability of an event occurring as a function of other factors. model the study identified: adolescents who disrespect police officers; adolescents who are out late at night; adolescent males; anyone looking suspicious; and the age of the police officer as the most significant predictors. This was an exploratory study that sought to investigate police/juvenile encounters from a street level situational perspective. The results provided a basis for continued research in this area of inquiry.
Key words: juvenile, custody, police officers, adolescent male
Today, police officers hold a unique and powerful position in our criminal justice system. Unlike judges and prosecutors, they make decisions on the streets and out of the public spotlight. Consequently, they exercise a wide range of discretion and power over who will be subject to legal intervention and social control (Smith & Visher, 1981). Police officers patrol in urban communities that are inundated in·un·date
tr.v. in·un·dat·ed, in·un·dat·ing, in·un·dates
1. To cover with water, especially floodwaters.
2. with high unemployment, disinvestments, and crumbling infrastructures. In these communities there are disproportionate rates of illiteracy illiteracy, inability to meet a certain minimum criterion of reading and writing skill. Definition of Illiteracy
The exact nature of the criterion varies, so that illiteracy must be defined in each case before the term can be used in a meaningful and high levels of drug activity, both of which are symptoms of social forces that weaken social control. It is reasonable to expect such conditions to influence how police officers perceive and interpret the behavior and conduct of youth. Moreover, it is within these contexts that the stage is set for understanding factors that influence police officers' decisions about taking juveniles into custody. These contexts set the boundaries within which a number of factors can join together including the formation of specific situations in which police officers and youth interact, and the transactions that trigger the actual decision to take youth into custody. Because of the powerful implications of police discretion, the point of interest in this paper is those factors that influence police officers' decisions to take juveniles into custody. The aim of this paper is to identify situations and circumstances that may increase the probability that police officers will take juveniles into custody.
Very few researchers interested in the decision making process within the juvenile justice system have studied factors that influence police officers' decision to take juveniles into custody. Most researchers have focused on process decisions made after juveniles have been arrested and their primary interest has been on race effects at various decision points throughout the juvenile justice system (Wordes 1994; Wu, 1997; Wu & Fuentes, 1998). Morash's study (1984) is an exception. She found among other things that being male increases the chance of being taken into custody. Not since then has any research focused on factors that influence the decision to take juveniles into custody beyond the issue of race. Other scholars suggest that the demeanor The outward physical behavior and appearance of a person.
Demeanor is not merely what someone says but the manner in which it is said. Factors that contribute to an individual's demeanor include tone of voice, facial expressions, gestures, and carriage. of a suspect is the most influential determinant determinant, a polynomial expression that is inherent in the entries of a square matrix. The size n of the square matrix, as determined from the number of entries in any row or column, is called the order of the determinant. in shaping a police officer's decision to take a juvenile into custody (Ludman, 1996; Skolinick & Fyfe, 1993; Worden & Shepard, 1996). Klinger (1994) stands alone in his position that previous findings are of questionable validity because the research has conceived and measured demeanor improperly.
Only a few studies have focused specifically on police encounters with juveniles (Pope & Synder, 2003) which is not surprising because these encounters are rather difficult to measure. They tend to be nonviolent, low-profile events that take place spontaneously on the streets. The number of juveniles taken into custody for violent crimes in which police have little to no discretion declined by 41% between 1991 and 2000 (Synder, 2002). However, during that same period, the number of juveniles taken into custody for drug abuse violations increased by 145% and curfew curfew [O.Fr.,=cover fire], originally a signal, such as the ringing of a bell, to damp the fire, extinguish all lights in the dwelling, and retire for the night. The custom originated as a precaution against fires and was common throughout Europe in the Middle Ages. and loitering Loitering (IPA pronunciation: ['lɔɪtəˌrɪŋ] is an intransitive verb meaning to stand idly, to stop numerous times, or to delay and procrastinate. violations increased by 81% (Snyder, 2002). These encounters, in addition to vandalism The intentional and malicious destruction of or damage to the property of another.
The intentional destruction of property is popularly referred to as vandalism. It includes behavior such as breaking windows, slashing tires, spray painting a wall with graffiti, and , disorderly conduct disorderly conduct
Conduct likely to lead to a disturbance of the public peace or that offends public decency. It has been held to include the use of obscene language in public, fighting in a public place, blocking public ways, and making threats. , vagrancy vagrancy, in law, term applied to the offense of persons who are without visible means of support or domicile while able to work. State laws and municipal ordinances punishing vagrancy often also cover loitering, associating with reputed criminals, prostitution, and and runaways are events that make youth visible within their communities and, therefore, help shape police officer's decisions to take young people into custody.
Of the four studies that specifically examine police/juvenile encounters (Pillivan & Briar briar: see brier. , 1964; Black & Reiss, 1970; Ludman, Sykes & Clark, 1970; Morash, 1984) none use police officers as the primary source of information. It is virtually impossible to measure the stress and strain that police officers must endure on a daily basis and how it affects their decision-making without asking them directly. Analyzing records and observing behavior cannot capture the essence of the decision-making process.
While I can assert that situational factors are important, I cannot say with certainty which ones are most influential, an observation that supports the need for the research this paper summarizes and one that justifies an exploratory approach. This research provides an impetus for juvenile justice researchers to investigate the interaction between juveniles and police officers in urban communities. The question of what factors (other than race) influence police officers decision to take juveniles into custody is not fully appreciated in juvenile justice research.
The participants in this study were drawn from the Cleveland Police This article is about the English police force. For the Ohio police force, please see Cleveland Ohio Police.
Cleveland Police is the Home Office police force responsible for policing the area of former county of Cleveland in North East England. Department in Cleveland Ohio. One hundred questionnaires were passed out at each of six police districts. Four hundred and twenty-eight usable questionnaires were returned completed for a total response rate of 71%. The participants were asked twenty-five force choice questions related to their interactions with juveniles as Cleveland police officers. The questionnaire included questions that measured the qualities of the communities where respondents patrolled, the perceived relationship between respondents and the communities where they patrolled, and their perceptions of adolescents in these communities. The instrument was developed to measure areas of juvenile justice research that had been previously ignored in the literature. Thus the exploratory nature of this study sought to provide a basis for continued research.
The primary concern was to collect baseline data that could be used to develop a more reliable instrument in the future to measure a police officer's decision to take a juvenile into custody. To the extent that validity was tested the criterion used was face validity face validity (fāsˑ v·liˑ·di·tē),
n . The researcher in this study developed an instrument to measure a police officer's decision to take a juvenile into custody based on the literature and his personal interest. However, the researcher does not contend that the instrument is either reliable or valid, but suggests that the absence of available, tested instruments is evidence of the need for juvenile justice researchers to develop instruments that can accurately measure the interaction between juveniles and police officers.
The logistic regression model reported in Table 1 identifies the five strongest predictors in the study regarding a police officer's decision to take a juvenile into custody. The odd ratios statistic statistic,
n a value or number that describes a series of quantitative observations or measures; a value calculated from a sample.
a numerical value calculated from a number of observations in order to summarize them. put into perspective the likelihood that a police officer would take a juvenile into custody under a specific set of circumstances. For example, the strongest predictors of "The Decision to Take a Juvenile into Custody" were the respondents' agreement with a series of statements (1) Adolescents who disrespect police officers should be taken into custody (2) Adolescents who are out late at night are probably committing a delinquent act (3) Adolescents males have a more suspicious demeanor than female adolescents (4) Anyone looking suspicious of committing a delinquent act should be stopped and questioned and The age of a police officer was a factor.
The results from this analysis suggest that adolescents who disrespect these police officers are four times more likely to be taken into custody. If it is late at night and they look suspicious they are more than three times more likely to be taken into custody. And if they have a suspicious demeanor they are two times more likely to be taken into custody. The arresting officer will probably be younger than 34 years of age. These five predictors provided insightful and useful information toward understanding factors that contribute to police officers' decision to take juveniles into custody. In this study the notion of "respect" and "suspicious demeanor" was intentionally not conceptualized. It was left open to the discretion of the observing officer. To limit them to a specific definition would have been a disservice dis·ser·vice
A harmful action; an injury.
a harmful action
Noun 1. to the goals and objectives of the research. The range of behaviors that influence police decisions cannot be captured in a forced choice statement.
Disrespect More than three fourths (76%) of police officers agreed with the statement that "adolescents who disrespect police officers should be taken into custody." It was the strongest predictor of whether or not a police officer would make an arrest, an observation consistent with previous literature. (Ludman, 1996; Skolinick & Fyfe, 1993; Worden & Shepard, 1996). It is assumed that police officers expect to be treated with respect because of their status, and the perception of lack of respect might motivate some officers to exercise their authority to take a juvenile into custody.
On the streets late at night "Adolescents who are out late at night are probably committing a delinquent act" Police officers were asked this question because presumably pre·sum·a·ble
That can be presumed or taken for granted; reasonable as a supposition: presumable causes of the disaster. delinquency is more prevalent at night than at any other time. Consequently, police officers' level of anxiety may be heightened at night because of the increased possibility of a delinquent act occurring. Therefore they are more likely to take juveniles into custody if they encounter them exhibiting suspicious behavior at night. Almost three fourths (73%) of police officers agreed that if an adolescent is out late at night he/she is probably committing a delinquent act.
More suspicious demeanor While suspicious demeanor is a matter of perception, it may be also gender related. The criminal justice literature clearly supports the notion that adolescent males are more prone to be involved in delinquent activities than are female adolescents, especially if there are two or more of them together (Conley, 1994). The officers in this study overwhelmingly (86%) agreed that if two or more males are together they are probably committing a delinquent act.
Need to stop and question Suspicious demeanor might also be race related. Pillivan & Briar (1964) found that the criteria police officers used to stop and question potential suspects were a result of their perception of suspicious behavior. Type of clothing worn, hair style, and facial expressions facial expression,
n the use of the facial muscles to communicate or to convey mood. unique to African Americans African American Multiculture A person having origins in any of the black racial groups of Africa. See Race. youth were considered indicators of suspicious behavior. This study allowed participants to determine what "suspicious behavior" is, and respond based upon that judgment. Today, unlike forty years ago, there are a significant number of African American police officers patrolling urban communities. Therefore it is necessary to revisit re·vis·it
tr.v. re·vis·it·ed, re·vis·it·ing, re·vis·its
To visit again.
A second or repeated visit.
re this issue because African American police officers should be sensitive to these stereotypes and not let them influence their interactions with juveniles. That is, they should be less inclined than non-African Americans to perceive a youth as "suspicious" simply because they dress or act a certain way. The majority (61%) of the police officers participating in this study believe that anyone looking suspicious should be stopped and questioned.
The age of the police officer The mean age of police officers participating in this study was 34 years old. In this research the older and more experienced police officers were less likely to take juveniles into custody is noteworthy for future research.
The decision to take a juvenile into custody is perhaps the most important decision in the juvenile justice process because it can have far-reaching and devastating dev·as·tate
tr.v. dev·as·tat·ed, dev·as·tat·ing, dev·as·tates
1. To lay waste; destroy.
2. To overwhelm; confound; stun: was devastated by the rude remark. implications on the life chances of juveniles who are subjected to the harsh and punitive life-style of juvenile institutions. Being taken into custody can perpetuate per·pet·u·ate
tr.v. per·pet·u·at·ed, per·pet·u·at·ing, per·pet·u·ates
1. To cause to continue indefinitely; make perpetual.
2. "a loss of social status, restrictions of educational and employment opportunities and future harassment Ask a Lawyer
Country: United States of America
I recently moved to nev.from abut have been going back to ca. every 2 to 3 weeks for med. by law enforcement personnel as well as the possible formation of a deviant deviant /de·vi·ant/ (de´ve-int)
1. varying from a determinable standard.
2. a person with characteristics varying from what is considered standard or normal.
adj. self-concept and the amplification amplification /am·pli·fi·ca·tion/ (33000) (am?pli-fi-ka´shun) the process of making larger, such as the increase of an auditory stimulus, as a means of improving its perception. of future misbehavior" (Dorne & Gewerth, 1995, p.90). This is particularly true with African American juveniles who are four times more likely to be taken into custody than white juveniles (Snyder, 2002). Being taken into custody does not in and of itself assure that one will be charged with a crime. However, the likelihood of being charged is increased when a juvenile suspected of engaging in delinquent activity is taken into custody. Observation of suspicious behavior is probable cause Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. for stopping a youth. What is suspicious behavior is strictly a discretionary call on behalf of the observing police officer. As a result, there is an extreme amount of latitude latitude, angular distance of any point on the surface of the earth north or south of the equator. The equator is latitude 0°, and the North Pole and South Pole are latitudes 90°N and 90°S, respectively. offered to police officers when making the decision to take a youth into custody (Snyder, 1995).
The basis of this article is that the nature of juvenile/police interaction is influenced by the situation and circumstances under which police officers and juveniles interact. This paper has identified five factors that researchers have given little consideration when considering factors that influence police officers decisions to take juvenile into custody. Although the five factors identified only explained 38% of the variance, leaving 62% unexplained unexplained
strange or unclear because the reason for it is not known
Adj. 1. unexplained - not explained; "accomplished by some unexplained process" , the significance of these findings raises some interesting queries that should not go unnoticed. This is not to say or suggest that other possible factors such as crime, race and social class are unimportant un·im·por·tant
Not important; petty.
unim·portance n. , however, it is to suggest that perhaps a new paradigm New Paradigm
In the investing world, a totally new way of doing things that has a huge effect on business.
The word "paradigm" is defined as a pattern or model, and it has been used in science to refer to a theoretical framework. of examining police/juvenile encounters should be considered.
Table 1 Logistic Regression Odds/Ratios for the Decision to Take juveniles into Custody 95% Confidence Nagelkerke Level of Odd/ Interval Step Variable R Square Significance Ratio Low Upper Step 1 Disrespect .179 .000 4.96 3.12 7.96 Step 2 Late .286 .000 4.15 2.51 6.84 Disrespect .000 4.59 2.80 7.51 Step 3 Demeanor .000 2.46 1.49 4.04 Late .000 3.56 2.13 5.97 Disrespect .324 .000 4.69 2.83 7.79 Step 4 Look .000 3.42 1.68 6.99 Demeanor .000 2.43 1.46 4.03 Late .000 3.46 2.05 5.86 Disrespect .361 .000 4.29 2.56 7.19 Step 5 Age .024 .957 .921 .994 Look .000 3.32 1.62 6.83 Demeanor .000 2.41 1.45 4.02 Late .000 3.28 1.93 5.58 Disrespect .376 .000 4.15 2.47 6.96
Conley, D. J. (1994). Adding color to a black and white picture: Using qualitative data to explain racial disproportionality Dis`pro`por`tion`al´i`ty
n. 1. The state of being disproportional. in the juvenile justice system. Journal of Research in Crime and Delinquency, 31 (2) 135-148.
Dome, C., & Gewerth, K. (1995). American Juvenile Justice: Cases, legislation & comments. Austin & Winfield. San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden Ca.
Kurtz, P. D., Giddings, M. M., & Sutphen, R. (1993). A prospective investigation of racial disparity dis·par·i·ty
n. pl. dis·par·i·ties
1. The condition or fact of being unequal, as in age, rank, or degree; difference: "narrow the economic disparities among regions and industries" in the juvenile justice system. Juvenile and Family Court Journal, 44, (3), 43-59.
Lundman, Sykes, & Clark (1970). Police controls of juveniles: A replication. In Rubin (Eds.) , Juveniles in justice: A book of readings p. 158. California, Goodyear Publishing Co.
Lundman, R. J. (1996). Extralegal ex·tra·le·gal
Not permitted or governed by law.
extra·le variables and arrest. Journal of Research in Crime and Delinquency, 33 (3), 349-353.
Morash, M. (1984). Establishment of a juvenile police record. Criminology criminology, the study of crime, society's response to it, and its prevention, including examination of the environmental, hereditary, or psychological causes of crime, modes of criminal investigation and conviction, and the efficacy of punishment or correction (see , 22 (1), 97-111.
Piliavin, I., & Briar, S. (1964). Police encounters with juveniles. American Journal of Sociology Established in 1895, the American Journal of Sociology (AJS) is the oldest scholarly journal of sociology in the United States. It is published bimonthly by The University of Chicago Press.
AJS is edited by Andrew Abbott of the University of Chicago. , 70.
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Pope, C. & Snyder, H. (2003). Race as a factor in juvenile arrests. Juvenile Justice Bulletine. Office of Juvenile Justice Bulletin.
Skolnick, J., & Fyfe, J. (1993). Above the law: Police and the use of force. New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of : Free Press.
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Worden, R. E. & Shepard, R. L. (1996). Demeanor, crime, and police behavior: A reexamination re·ex·am·ine also re-ex·am·ine
tr.v. re·ex·am·ined, re·ex·am·in·ing, re·ex·am·ines
1. To examine again or anew; review.
2. Law To question (a witness) again after cross-examination. of the police services study data. Criminology, 34. pp. 83-105.
Wordes, M. T. (1994). Locking up youth : The impact of race on detention decisions. Journal of Research in Crime and Delinquency, 31, 149-165.
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Wu, B. & Fuentes, L. (1998). The entangled en·tan·gle
tr.v. en·tan·gled, en·tan·gling, en·tan·gles
1. To twist together or entwine into a confusing mass; snarl.
2. To complicate; confuse.
3. To involve in or as if in a tangle. effects of race and urban poverty. Juvenile and Family Court Journal, 2, pp. 41-52.
TERRENCE T. ALLEN
Wayne State University Wayne State University, at Detroit, Mich.; state supported; coeducational; established 1956 as a successor to Wayne Univ. (formed 1934 by a merger of five city colleges).
School of Social Work