Reporting Juvenile Crime

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Reporting Juvenile Crime

• Measuring Juvenile Criminal Behavior
• Presented by Zak Morton

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Objectives

• Clarify what to count as a Juvenile Arrest
• Review the process of compiling the monthly
  Juvenile ASR report
• Clarify the difference between Race and Ethnic
  Origin
• Review Police Dispositions of Juveniles Under 16
  Years of Age

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Juvenile-Under 18 Years of AgeFBI UCR Definition

• For UCR purposes a juvenile arrest is
• counted when the circumstances are such
• that if the individual was an adult, an arrest
• would have been made.
• - Uniform Crime Reporting (UCR) Handbook

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Measuring Criminal Activity

• Statistics are being gathered to measure
• criminal activity, not court activity or formal
• arrests

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What does the ASR Report collect?

• Total number of persons arrested, cited, or
  summoned for all Part I and Part II crimes during
  a specified month
• Demographic characteristics of persons arrested
  (age, sex, race, ethnic origin)
• The number of persons arrested, not the number of
  charges lodged

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Components of a Juvenile Arrest

• probable cause
• taken into custody,
• or issued an appearance ticket

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Taken Into Custody

• Taken into custody means that the juvenile is
• no longer free to leave regardless of whether he
• or she is
• handcuffed
• placed in a police vehicle
• brought to a police station
• taken directly to Family Court or secure
  detention
• given an appearance ticket
• OR
• warned and released without further action

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Warned and Released Example 1

• Juvenile male is taken into police custody
• after he is observed shoplifting
• After questioning, the juvenile is warned by the
  police and released to his parents
• No formal charges are brought against the
  juvenile

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Warned and Released Example 2

• Juvenile is pulled over for speeding
• Vehicle search uncovers drug paraphernalia and a
  small quantity of marijuana
• Juvenile is detained by police until her legal
• guardian arrives at the scene
• Juvenile is released to legal guardian with no
  formal charges are lodged

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What is NOT a juvenile arrest?

• If there is no probable cause, an arrest
• should NOT be counted on the ASR report.

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Examples

• Teenagers in the town park after closing are
  instructed by police to leave.
• A juvenile taken into custody for his or her own
  protection, e.g., neglect cases.
• Follow-up contact with young offenders by
  officers for the purpose of determining the
  offenders progress.

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Importance of ASR data

• In New York State, juvenile arrest data from
• the ASR Report is the ONLY indicator of
• juvenile crime.
• Used to inform policy and funding decisions.
• Measure Disproportionate Minority Contact (DMC)
• Part of national data set

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Preparing the ASR Report

• Arrests of Juveniles Under 18 years of age

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Count People, Not Charges

• The ASR Report counts the number of people
• arrested, not the number of charges lodged.

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The Hierarchy Rule

• If a person is arrested for multiple offenses
• that were committed simultaneously, only the
• offense highest in the hierarchy of UCR
• Crimes is counted.

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Hierarchy Rule Example

• Two women are arrested for breaking into a car
• dealership after closing hours (Burglary).
• They stole cash from the dealerships office
• safe (Larceny-theft) and two new automobiles
• from the garage (Motor Vehicle Theft).
• What offense should be reported?

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Separation of Time and Place

• A person may be arrested multiple times
• during a month for similar or different
• violations within a jurisdiction.
• When there is a separation of time between
• arrests, the agency must score each arrest
• separately.

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Separation of Time and Place Example

• Man and woman parked in secluded location
• Gunman shoots and kills man, abducts woman,
  drives her across town and rapes her
• Two separate crimes Homicide and Rape
• Hierarchy rule is not used due to separation of
  time and place

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Classifying Race and Ethnic Origin
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Race and Ethnic Origin

• Races Black, White, American Indian or Alaskan
  Native, Asian or Pacific Islander
• Ethnic Origin Hispanic, Non-Hispanic

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Classifying Race

• White having origins in any of the original
• people of Europe, North Africa, or the Middle
• East.

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Classifying Race

• Black having origins in any of the black racial
• groups of Africa.

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Classifying Race

• American Indian or Alaskan Native Having
• origins in any of the original peoples of North
• America and who maintains cultural
• identification through tribal affiliation or
• community recognition.

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Classifying Race

• Asian or Pacific Islander Having origins in any
• of the original peoples of the Far East,
• Southeast Asia, the Indian subcontinent, or
• Pacific Islands.
• This includes, China, India, Japan, Korea, the
• Philippine Islands, and Samoa.

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Ethnic Origin

• Hispanic A person of Mexican, Puerto Rican,
• Cuban, South or Central American, or other
• Spanish speaking culture, regardless
• of race.
• Non-Hispanic All other people.

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Determining Race and Ethnic Origin of Arrestees

• Use best judgment to determine the race AND
  ethnic origin of the person arrested.

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Classifying Race and Ethnic Origin Example

• A 15 year old male is arrested after leaving a
• gas station without paying for the gas he
• pumped into his car. When police arrest
• him, he identifies himself as Puerto Rican.
• How should the arrestee be classified with
• regard to Race AND Ethnic Origin?

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Use Your Best Judgment!

• ALWAYS indicate the race and ethnic origin of
• the person arrested!
• Please do NOT leave either race and ethnic
• origin blank!

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Juvenile Disposition Data

• Persons Under 16 Years of Age

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Police Disposition of Juveniles
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State vs. National Definitions

• New York State Definition Under 16 Years of Age
• National Definition - Under 18 Years of Age

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Reconciling Juvenile Dispositions with the
Juvenile ASR form

• Only report the disposition of juveniles under 16
  that were reported on the ASR
• Do NOT include juveniles that did not commit a
  UCR offense
• Total dispositions total of reported arrests
  of persons under 16 on the ASR

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Law Enforcement Interventions

• 1. Handled Within Department and Released
• 2. Referred to Juvenile Court or Probation
• 3. Referred to Welfare Agency
• 4. Referred to Other Police Agency
• 5. Referred to Criminal or Adult Court

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1. Handled within Department and Released

• Juvenile Under 16 years of age
• Arrested, but not referred to family court
• No formal charge filed against the juvenile

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2. Referred to Juvenile Court or Probation

• Include all Under-16 Juveniles referred to
• probation department
• person, agency, or group within jurisdiction of
  Family Court

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3. Referred to Welfare Agency

• Include juveniles referred to welfare agencies
• rather than family court or probation.
• Welfare agencies can be public or private.
• Examples Local Boys and Girls Club, Police
• Athletic League, or local Dept. of Social
• Services.

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4. Referred to Other Police Agency

• Include Juveniles who
• 1. Are arrested at request of another law
  enforcement agency
• 2. Committed crime in one jurisdiction but reside
  in another and turned over to home jurisdiction
  for handling
• These arrests should NOT be counted on the ASR
• report.

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5. Referred to Criminal or Adult Court

• Include any Under-16 Juveniles referred to
• adult court for the juvenile offender process

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Discontinuation of Runaways

• DCJS has discontinued collecting data on
  Runaways.
• Unnecessary to report data for juveniles taken
  into custody as runaways, truants, or curfew and
  loitering law violators.

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Follow-Up on Inconsistent Data

• DCJS will call your agency to verify the accuracy
• of data that deviates from reported norms.

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For More Information Please Contact

• NYS Division of Criminal Justice Services
• Crime Reporting Unit
• 1-800-262-3257
• Email crimereporting_at_dcjs.ny.gov