Juvenile justice system and reform

Charlie

What are the roles of a juvenile police officer, a judge, and a probation officer in the juvenile system?

The juvenile police officer's role is to arrest those under the age of 18 who commit crimes, and according to an article in the Houston Chronicle, that officer must determine if the offender should be referred to the juvenile court or to an adult court. The juvenile police officer questions the alleged offender, fingerprints the offender, officially books the offender into the juvenile justice facilities and basically handles the case at the start of the process (Bolden-Barrett, 2011).

The statistics show that about 83% of court referrals for juveniles come from police officers; the remaining 17% come from parents, from schools, from the victims of crimes and from probation officers. Federal law requires that the arresting juvenile police officer can keep an under-18 offender in custody "…no more than six hours" -- and after that the offender must be assigned to a facility (Bolden-Barrett, p. 2). Other assignments for juvenile police officers include "non-criminal behaviors" such as skipping school, running away from home, and violating curfews.

In some cases, juvenile police officers are responsible to investigate when there are accusations that a juvenile has been abused or neglected by parents or guardians. In some cases, the juvenile police officer is charged with removing a juvenile from an abusive home, or even transporting a juvenile to a hospital if there are signs of physical abuse.

The role of the juvenile probation officer is very important; in fact the Office of Juvenile Justice in the federal government says that the probation department is the "cornerstone of the juvenile justice system" (www.ojjdp.gov). The duties for the probation officer include: a) screening cases to see if "informal" or "formal" processing is needed; b) making decisions about detention; c) preparing the paperwork reports for the judge; d) checking in with juvenile clients after they have been released from institutions; e) brokering services that may be available to juveniles post-arrest and detention; and f) interacting with schools and community-based programs for juveniles.

One important role of juvenile court judges is to provide oversight as regards county social services and probation agencies and their interactions with juvenile offenders. Of course the most important role of the juvenile judge is to decide the "…legal issues" and make rulings that are appropriate. For example, a judge decides "…whether a child should be removed from a parent," and whether the child should be "…returned to the family or placed permanently in another setting" (Edwards, 2009). The judge also determines if a child should be sent to a foster care environment. Moreover, the judge must make certain that "…the parties appearing before the court receive the legal and constitutional rights to which they are entitled"; and that includes the right to legal counsel, the right to a hearing, and the right to cross examine witnesses (Edwards)

How will these three professionals work together to ensure the best possible outcome for the ten-year-old? The most important thing that the three juvenile crime-related professionals can do -- besides assuring fairness, legality, and justice -- is to ensure "…that accountability," which is a "central factor" in juvenile justice systems, is achieved (JAIBG). By accountability, the Juvenile Accountability Incentive Block Grants Program means that during arrest, processing, decision-making, program planning, and delivery of services every aspect of the case against a juvenile is fully addressed and decision-makers are accountable for their actions (JAIBG). When screening cases, the juvenile justice professionals must assure whether informal or formal processing is required. In this case, informal processing is warranted, and the three professionals must work with social services to see to it that the child's family is worthy of keeping him in their home.

How are these roles similar and different in the juvenile process? The juvenile police officer and the probation officer have roles that are very similar. They both have the responsibility to be accountable for a juvenile that is accused of a crime; while the arresting officer has the first contact with the alleged offender, he makes decisions (regarding whether to process in adult or juvenile court) that can be based on what the probation officer believes is appropriate, and then hands off the case to the probation officer. The police officer of course carries a weapon, and can use force if necessary, while the probation officer is not armed, and if he needs the help of the police officer, he summons the officer to use the authority granted to him.

The judge's role is vastly different from both the probation officer and the police officer. That is an easy comparison to make because the judge is the final word on the disposition of the case while the probation officer and the police officer simply enforce what the law requires. However, if a juvenile who has been released gets into trouble again, and comes before the same judge, it is likely that the probation officer will recommend a stiffer sentence the second time and the cooperation between all three comes into play as to what the punishment should be for the offender.