ROLE OF THE POLICE IN THE DISPOSITION OF JUVENILE CASES IN SOUTH DAKOTA

• NCJ Number: 53488
• Author(s): M P ROCHE
• Date Published: 1978
• Length: 159 pages
• Grant Number(s): 77-55-08-0002; 77-ED-08-0007
• Corporate Author: US Dept of Justice; University of South Dakota
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

DATA FROM A SURVEY OF SOUTH DAKOTA LAW ENFORCEMENT AGENCIES ON JUVENILE HANDLING ARE REPORTED CONCERNING POLICE PROCEDURES, MANPOWER ALLOCATIONS, TRAINING, AND AGENCY DISPOSITION; RECOMMENDATIONS ARE OFFERED.

Abstract

IN SEPTEMBER AND OCTOBER OF 1976, THE SOUTH DAKOTA STATISTICAL ANALYSIS CENTER, AT THE REQUEST OF THE DIVISION OF LAW ENFORCEMENT ASSISTANCE, CONDUCTED A SURVEY OF LAW ENFORCEMENT AGENCIES IN THE STATE. THE SURVEY'S GOALS WERE TO IDENTIFY EXISTING POLICE PROCEDURES FOR HANDLING JUVENILE DELINQUENTS AND STATUS OFFENDERS, BUT NOT NEGLECT CASES, MANPOWER ALLOCATIONS IN THE JUVENILE AREA, THE LEVEL OF TRAINING AND PERCEIVED TRAINING NEEDS OF LAW ENFORCEMENT PERSONNEL IN JUVENILE MATTERS, AND TO OBTAIN DATA ON AGENCY DISPOSITION OF JUVENILES. THE RESULTING DATA ARE REPORTED IN TABULAR FORM, AND ARE ANALYZED IN THE LIGHT OF RELEVANT PROVISIONS IN THE SOUTH DAKOTA CODE, MODEL ACTS, SIGNIFICANT CASE LAW, AND THE CONSTITUTION, AS WELL AS OTHER SIMILAR STUDIES. IN DISCUSSING LEGAL IMPLICATIONS OF THE HANDLING OF JUVENILES, IT IS NOTED THAT BROAD STATUTORY POWER HAS BEEN GRANTED TRADITIONALLY TO JUVENILE COURTS AND THE POLICE IN DEALING WITH JUVENILES IN BOTH CRIMINAL AND NONCRIMINAL SITUATIONS. THE CONSEQUENT EXTENSIVE, ERRATIC, AND OFTEN ARBITRARY NATURE OF POLICE DIVERSION PRACTICES AND THE ADVERSE EFFECTS OF SUCH PRACTICES ARE DOCUMENTED. RECOMMENDATIONS ARE OFFERED IN THE AREAS OF LEGISLATIVE REFORM, ADMINISTRATIVE POLICYMAKING, AND SPECIALIZATION AND TRAINING. IT IS ADVISED THAT LEGISLATION SHOULD LIMIT THE AUTHORITY OF JUVENILE COURTS AND THE POLICE IN DEALING WITH JUVENILES; PARTICULARLY, THE TAKING OF A JUVENILE INTO POLICE CUSTODY SHOULD BE LIMITED BY THE STATUTES GOVERNING ADULT ARRESTS. EACH POLICE AGENCY SHOULD HAVE WELL-DEFINED, WRITTEN CRITERIA FOR HANDLING YOUTH, AND THE CONTENT OF SUCH CRITERIA IS ADDRESSED. AT LEAST ONE JUVENILE OFFICER IS RECOMMENDED FOR EACH POLICE AGENCY. THE TRAINING REQUIRED FOR SUCH AN OFFICER IS DISCUSSED. THE APPENDIXES PROVIDE SAMPLE POLICY AND PROCEDURAL STATEMENTS BY POLICE DEPARTMENTS ON THE HANDLING OF JUVENILES. (RCB)