Big Picture in Focus: ULOd.

Discuss the process of the Philippine

Juvenile Justice System and other related laws on minors.

Metalanguage

The most essential terms below are operationally defined for you to have a better
understanding of this section in the course.

1. Police. The first line of defense against crime; charge with preventing and deterring
crime and maintaining peace within the community.

2. Violent juvenile offenders. Those adjudicated delinquents for crimes of homicide,

rape, robbery, aggravated assault, and kidnapping.

Essential Knowledge

Lesson 4

Delinquency as a Police Problem

Police Work on Delinquency

1. Juveniles and the Police.

At work, the police have to constantly bear in mind that juvenile delinquents
should be handled in a different manner from the adult offenders. Most juvenile
delinquents are immature boys and girls lacking in judgment, who need understanding
and guidance rather than punishment.

2. Police Services.
Police who work with juvenile offenders usually have skills and talents that go
beyond those generally associated with regular police work. In large police
departments, juvenile services are often established through a special unit. A large
proportion of justice agencies have written policy directives for handling juvenile
offenders. When officers on patrol encounter a youngster committing a crime, they are
responsible for dealing with the problem initially; they generally refer the case to the
juvenile unit or to a juvenile police officer for follow-up.
3. Police Roles.
Juvenile officers operate either as specialists within a police department or as
part of the juvenile unit of a police department. Their role is similar to that of officers
working with adult offenders: to intervene if the actions of a citizen produce public
danger or disorder. Handling juvenile offenders can produce major role conflicts for
police. They may experience a tension between their desire to perform what they
consider their primary duty, law enforcement, and the need to aid in the rehabilitation of
youthful offenders. Police officer’s action in cases involving adults are usually controlled
by the law and their own judgment or discretion. In contrast, a case involving a juvenile
often demands that the officer consider the “best interest of the child” and how the
officers’ action will influence the child’s future well-being.

4. Police Attitudes toward Youth and Crime.

The police today have more positive attitudes toward youthful offenders than in
the past. However, there are hindrances that hold them to really work hard toward the
betterment of police-youth relations. Disparities and discrimination in police decision-
making, regarding which juvenile to arrest and which to release with just a warning,
most of the time produce negative perception of the police.

5. Police and Violent Juvenile Crime.

Police and other justice agencies are experimenting with different methods of
controlling violent youth. Some of these methods, such as placing more officers on the
beat, have existed for decades; others rely on state-of-the-art technology to pinpoint the
locations of violent crimes and develop immediate countermeasures. One key
component of any innovative police program dealing with violent juvenile crime is
improved communications between the police and the community.

6. police and the Rule of Law.

When police are involved with criminal activity of juvenile offenders, their actions
are controlled by statute, constitutional case law, and judicial review. Police methods of
investigation and control include:
a) Arrest procedure
b) Search and Seizure
c) Custodial Interrogation

The Arrest Procedure

 When a juvenile is apprehended, the police must decide whether to release the
youngster or make a referral to the juvenile court. Cases involving serious crimes
against property or persons are often referred to court. Less serious cases, such as
disputes between juveniles, petty shoplifting, runaways, and assault of minors, are often
diverted from court action.
The law of arrest for juveniles is generally the same for adults. To make a legal
arrest, an officer must have a probable cause to believe that an offense took place and
that the suspect is the guilty party.

Probable Cause is usually defined as falling somewhere between a mere suspicion

and absolute certainty.

In misdemeanor cases, the police officer must personally observe the crime in
order to place a suspect in custody. For a felony, the police officer may make the arrest
without having observed the crime if the officer has probable cause to believe the crime
occurred and the person being arrested committed it.

Search and Seizure

Do juveniles have the same right to be free from unreasonable search and
seizures as adults? (Sec.2, Art. III of the Philippine Constitution).

Most courts have held that the Constitutions ban against unreasonable search
and seizure applies to juveniles and that illegally seized evidence is inadmissible in a
juvenile trial. To exclude incriminating evidence, a juvenile’s attorney makes a pretrial
motion to suppress the evidence, the same procedure that is used in the adult criminal
process. The Supreme Court has ruled that these rules are applied to juveniles as well
as to adults.

Custodial Interrogation

In past years, the police often questioned juveniles without their parents or even
a lawyer present. Any incriminating statement arising from custodial interrogation could
be used at a trial. However, in the 1966 Miranda case, the Supreme Court placed
constitutional limitations on police interrogation procedures with adult offenders.

Miranda held that persons in police custody must be told the following:
a) They have the right to remain silent.
b) Any statement they make can be used against them.
c) They have the right to counsel.
d) If they cannot afford a counsel, it will be furnished at public expense.

One problem associated with custodial interrogation of juveniles has to do with

waiver of Miranda rights:
- Under what circumstances can juveniles knowingly and willingly waive the
rights given to them by Miranda?
- Does a youngster, acting alone, have sufficient maturity to appreciate the
right to remain silent?
Suggestive Remedy
The Philippine Juvenile Justice System and its Legal Parameters
Present Juvenile Justice System in the Philippines
Self-Help: You can also refer to the sources below to help you further
understand the lesson: