Is My Child Going to Jail?

During the last few years, millions of children under eighteen years of age have been incarcerated for unlawful behavior. When a juvenile is discovered to have participated in delinquent behavior, the police must first determine whether to release the child into the custody of his or her parents, or refer the child into the juvenile justice court system. This optional decision - whether to release or detain - is oftentimes not only based on the nature of the offense, but also on:

#1. The seriousness of the crime committed.

#2. The parent's cooperation and willingness to discipline the child.

#3. The child's criminal history.

#4. The child's cooperativeness with being questioned.

#5. Whether the child accepts or disputes the allegations.

The police also have the option to adjust reprimands by either releasing the child on the spot (i.e. on the streets), offering an official warning, releasing the child to his or her parents, or submitting the child to a social service program. However, any cases involving aggression or vandalism are usually automatically diverted to the juvenile justice court system. On the other hand, the police prefer to avoid sending minor offenses (e.g. petty shoplifting, neighbor complaints, runaways, etc.) to court. If every child caught engaging in some illicit act was sent to the juvenile justice court system, it would quickly become too congested and overcrowded, thereby debilitating the court's ability to analyze cases and give proper punishment.

If the police do decide to take a child into custody, they must have enough evidence to prove that the child has committed a crime. Although most States do not distinguish between child and adult arrest procedures, some jurisdictions do offer broader arrest powers to the police. They permit the police to immediately arrest a child if they simply suspect that the child has engaged in any unlawful activity. Although juvenile arrests are therefore oftentimes performed without a warrant, the police must still inevitably prove probable cause. And, once a child has been taken into custody, he or she still possesses the same Fourth Amendment right as an adult to avoid unreasonable search and seizures.

If you are called into a police station to pick up your child, make certain that you cooperate with the police. Do not deny their statements and allegations. Furthermore, do not minimize the circumstances by making improper jokes or statements. Maintain a serious composure, cooperate with the police, and be prepared to take your child home. More often than not, the police will let you take your child home. Do be aware, however, that if the crime is bad enough, the police may later visit your home with a warrant to arrest your child. For right now, though, you should be okay.