Juvenile Crime: Will the Officer File Formal Charges?
When a police officer arrests a juvenile (or “minor”) for a crime, he or she can decided whether or not to file formal charges. The officer has a right to deal with the case “informally”, which means simply taking the juvenile to his or her parents.
There is some debate regarding whether or not juveniles should be arrested and formally charged for committing crimes. On the one hand, juveniles who are never formally charged, but make a habit of illegal behavior are only learning that they can get away with crime, which won’t be the case once he or she comes of age. On the other hand, a first-time offender whose parents are fully capable of educating and punishing might benefit from some degree of leniency.
Depending on the arresting officer, he or she will take several factors into consideration regarding the filing of formal charges on a juvenile. These factors may include:
1. Severity of the Crime. Severity is in the eye of the beholder, but a serious offense will warrant a petition more easily than a less-serious violation.
2. Age of the Juvenile. A nine-year-old juvenile will be lest likely to have formal charges filed than will a fifteen-year-old juvenile.
3. Past Record. If the juvenile has been picked up several times for criminal behavior, the intake officer will reach a breaking point. Formal charges are more likely to be filed on a fifth offense than a first or second.
4. Evidence. If the intake officer only suspects that the juvenile committed a crime, he or she may handle the case informally. However, if strong evidence suggests that a crime was committed, formal charges may be filed.
5. Gender. As discriminatory as it might sound, formal charges are more likely to be filed against males than females because statistically, boys are more likely to commit the same offense again than are girls.
6. Parental Control. If the intake officer has reason to believe that the parents are not sufficiently capable of controlling the juvenile, he or she will be more likely to file formal charges.
7. Attitude. An intake officer is more likely to file formal charges against a juvenile who has a negative or disrespectful attitude than against a juvenile who behaves well and answers all questions without argument.
8. Dress. A minor who is dressed sloppily or offensively may end up with the filing of formal charges. This might also seem discriminatory, but consider natural tendencies of police officers.
9. Community Ties. If the juvenile is known to participate in community activities, is involved in sports or hobbies, and has participated in community service, the intake officer will be more likely to handle the case informally.
10. Representation. If the juvenile “lawyers up” and claims to have an attorney – which many children do – this suggests prior offenses and may result in formal charges.
11. Ethnic & Socionomic Status. Although no intake officer would ever admit it, statistics show that both the ethnic and socionomic status of a juvenile can affect how aggressively his or her case is handled.
