INVESTIGATION OF JUVENILE OFFENDERS

LEARNING OBJECTIVES: Define the terms used in the investigation of juveniles, and explain jurisdiction of juveniles both at home and overseas. Describe the authority of law enforcement personnel, and identify the public law concerning youthful offenders. Explain the responsibility of the military sponsor as parent, and list the types of juvenile offenses that most often occur on naval bases. Describe the investigative procedures and techniques used for juvenile offenders.

This section provides broad guidelines relative to the investigation of various offenses committed on military reservations by juveniles not subject to the UCMJ. Discussion is specifically limited to problems encountered in investigating the delinquent acts of juveniles, but the basic information relative to criminal investigation of crimes and other offenses outlined in this chapter and previous chapters is applicable, since a considerable percentage of all types of crime is committed by youthful offenders.

The community activities and facilities found on most military reservations are there to provide military personnel with the surroundings essential for morale, family development, and leisure activities.

The disturbing effect of juvenile delinquency is not restricted to the civilian community. Dependent minors of military personnel are as likely to commit delinquent acts as any other youths. Moreover, such acts may discredit the military and endanger good relations with the surrounding civilian community, as well as cause personal harm and property damage. It is important, therefore, that the Master-at-Arms understand the nature of the problem created by the youthful offender, and some of the more obvious causes of juvenile delinquency.

DEFINITIONS

Juvenile. The age limits for classifying persons as juveniles vary according to the law of the particular state involved. Title 18, U.S. Code, Section 5031 defines juvenile as "a person who has not attained his or her 18th birthday."

Juvenile delinquent. A youth under the age of 18 who commits an act that would be a crime if it were committed by an adult.

Juvenile dependents. The dependent children of any military sponsor.

Civilian juveniles. Children of nonmilitary persons who reside on, or who enter the military reservation, thereby coming under some control of the installation commanding officer.

Sponsor. The in-service parent of a juvenile.

JURISDICTION

Police authority exercised on a military reservation may be military, Federal, state, or local, or a combination of these. The jurisdiction of the agency exercising police authority will depend on (1) the type of offense committed, and (2) the authority of the state or Federal Government to legislate for the installation. The issue of jurisdiction is important, as it will determine which police agency will handle cases involving juvenile offenders. In areas of concurrent jurisdiction, the issue of which agency will become involved in a particular case is more often a matter of policy than of law. Thus, close liaison must be established between the security officer, judge advocate, and civil authorities.

Military Jurisdiction

The UCMJ does not apply to either dependent or nondependent juveniles. It does, however, apply to members of the military under 18 years of age. Base commanding officers are delegated responsibility for all aspects of base activities and have been given the authority to take necessary actions to ensure the protection of public and private property, and the welfare, morale, and well-being of all persons under their control. The general authority placed on the base commanding officers by Navy regulations gives the commanding officer broad powers to create rules and regulations designed to meet local conditions. Thus, the base commanding officer may exercise police power, in varying degrees, as necessary and as the facts of a situation dictate, over any individual on the reservation. Since all incidents occurring on the base, including those involving juveniles, have an effect upon command morale and safety, the control and handling of incidents is a major concern of the base commanding officer. Masters-at-Arms may be authorized to investigate offenses committed on the installation, regardless of who the suspect may be. The base commanding officer publishes regulations and policies governing the conduct on base of civilian juveniles and dependent juveniles, and enforces them with sanctions, which may range from reprimand and exclusion from the base to termination of the sponsor's on-base quarters. In cases of serious misbehavior, the juvenile maybe prosecuted by appropriate civilian authorities.

Federal Jurisdiction

A number of crimes are Federal violations defined by specific acts of Congress. For example, counterfeiting is a Federal crime, regardless of where it is committed within the United States. In other instances, state criminal laws are "adopted" as Federal offenses under the Assimilative Crimes Act. For state crimes to become assimilated Federal crimes, they must have the following characteristics:

1. Be committed on a Federal reservation or section of a reservation over which the Federal Government exercises exclusive or concurrent jurisdiction.

2. Not be in violation of Federal laws or policy. When juveniles commit serious Federal offenses, the appropriate coordinating agencies may include the FBI, U.S. Marshals, and the U.S. Attorney's Office. Such offenders may be tried in a U.S. District Court. In certain cases involving minor Federal offenses, the U.S. magistrate may hear the case.

State Jurisdiction

If the offense committed by the juvenile was a state crime and was not committed in an area of exclusive Federal legislative jurisdiction, local police and courts may take action. As this discussion is limited to on-base offenses, it will be assumed that the Master-at Arms will be the first to enter a case and will conduct the investigation unless the nature of the offense falls under the jurisdiction of the NCIS.

Local policies and regulations will determine the extent to which the MA will become involved in disposing of juvenile offenses. For example, on a base where there is concurrent jurisdiction, an MA investigation reveals that dependent juveniles have stolen cigarettes from the base bowling alley. Final disposition could include administrative action or trial by the appropriate civilian court or both, depending on the circumstances of the crime and prior offenses of the juvenile.

Overseas Installations

A difficult problem for the MA on overseas installations is created by juveniles who maybe present. The MAs are faced with the presence of juvenile dependents of United States military and civilian personnel, as well as nondependent juvenile citizens of the host nation.

Juvenile dependents are faced with fewer off-base activities when living overseas with their sponsors. As a result, juvenile delinquency stemming from boredom and inactivity may be encountered. If delinquent behavior takes place off the installation, relations with the host nation may be affected. In incidents occurring on the installation, Masters-at-Arms may become involved in the situation to investigate and refer the incident to the proper authorities for disposition. Minor incidents may be disposed of without formal action. Instead, the parents would be counseled and the youth reprimanded, with a warning as to the consequences of future delinquency. More serious incidents that are detrimental to the command and involve juvenile dependents may result in administrative action being taken. The command has several options available, including the following:

1. Reduction of privileges 2. Suspension of privileges

3. Officially reprimanding the sponsor

4. The return of the sponsor and dependents to the United States

5. Prosecution of the juvenile in host nation courts if the case is serious and upon advice of the local judge advocate

Questions concerning the investigation, apprehension, and prosecution of suspects, or other action to be taken, will require close coordination between security personnel and the judge advocate's office.

Investigation of all offenses committed on overseas Navy installations by juveniles of the host nation is the responsibility of the law enforcement personnel. Normally, local procedures are evolved to solicit the cooperation of the local foreign police in cases involving minor incidents of misbehavior. In cases involving host nation juveniles suspected of criminal offenses committed on the installation, you should carry out normal investigative procedures.

Local procedure may dictate that these offenses will be jointly investigated by both U.S. and host nation law enforcement personnel. The judge advocate should be contacted to determine what apprehension and prosecution procedures may be followed. Because of jurisdictional problems in these cases, the best action is that of prevention.

Adequate provisions should be established to prevent illegal entry of these juveniles onto the installation. Troublesome youths should be referred to local civilian police. In all cases, Masters-at-Arms should be alert for all places and situations that might lead to delinquent behavior involving the juveniles of the host nation and U.S. Navy personnel and property.