NCJ Number
46050
Date Published
1977
Length
51 pages
Annotation
THE POLICY AND PROCEDURE OF ENFORCEMENT IS DETAILED, AND THE STATUTES COMMONLY ENCOUNTERED WHEN DEALING WITH JUVENILES ARE DISCUSSED.
Abstract
IN CONSIDERING ENFORCEMENT ACTION AGAINST JUVENILES, IT IS NOTED THAT ALTHOUGH LAWS COVERING THE CONDUCT OF JUVENILES ARE VERY EXPLICIT IN OUTLINING THE AUTHORITY OF THE POLICE OFFICER, THERE ARE DISCRETIONARY ACTIONS THE POLICE OFFICER MAY USE IN CERTAIN SITUATIONS. IT IS EXPECTED THAT THE POLICE OFFICER WILL EXERCISE GOOD JUDGEMENT IN THE TAKING OF A CHILD INTO CUSTODY, PAYING PARTICULAR ATTENTION TO THE PERSON INVOLVED, HIS HOME CONDITIONS, AND HIS INTENT IN THE VIOLATON OF THE LAW. IN TAKING JUVENILES INTO CUSTODY WITHOUT A WARRANT, A JUVENILE HAS THE SAME RIGHTS AS AN ADULT. THE STATUTE PROVIDING THE POLICE OFFICER WITH THE AUTHORITY TO TAKE A PERSON INTO CUSTODY WITHOUT A WARRANT IS QUOTED. THE PROCEDURES FOR NOTIFICATION OF PARENTS, INTERVIEWING THE OFFENDER, PROVIDING EVIDENCE IN THE JUVENILE COURT, FINGERPRINTING AND PHOTOGRAPHING THE OFFENDER, THE USE OF THE JUVENILE OFFENDER RECORDS, THE DISPOSITION OF THE JUVENILE OFFENDER, THE WAIVER OF JUVENILES INTO THE ADULT COURT, AND DEALING WITH THE JUVENILE AT SCHOOL ARE ALSO DISCUSSED. STATUTES COMMONLY ENCOUNTERED WHEN DEALING WITH JUVENILES ARE FOUND TO BE IN THE AREAS OF ALCOHOLIC BEVERAGES AND MINORS, ENCOURAGING OR CONTRIBUTING TOWARD DELINQUENCY, RECEIVING STOLEN PROPERTY FROM JUVENILES, CORRUPTION OF THE MORALS OF JUVENILES, THE JUVENILE CURFEW LAW, CRIMINAL SEXUAL CONDUCT, AND DRUG CONTROL. THE APPENDIX CONTAINS A FLOW CHART OF THE PROBATE COURT UNDER MICHIGAN JUVENILE COURT RULES OF 1969, DESCRIPTIONS OF SEVERAL COURT DECISIONS AFFECTING JUVENILES, AND THE FOLLOWING LEGISLATION: JUVENILE WAIVER INTO ADULT COURT, THE CHILD PROTECTION LAW OF 1975, ACT NO. 238, CURFEW ACT, AND THE CRIMINAL SEXUAL CONDUCT LAW OF 1974, ACT NO. 266, AND CHECK LIST ON DEGREE OF CRIMINAL SEXUAL CONDUCT. (RCB)