JUVENILE OFFENSES

The great majority of Masters-at-Arms' contacts with juveniles occur when youthful military dependents are apprehended while committing, or suspected of committing, relatively minor offenses amounting to a breach of the peace, or when preventing them from committing acts potentially injurious to property or life. Such offenses range from disturbing the peace and disorderly conduct (fights, drunkenness) to traffic violations.

In such cases, the base commanding officer's regulatory authority over dependents normally is exercised through the military sponsor, or the civilian sponsor who is connected with the installation through employment or residence thereon. As military sponsors are in no way subject to prosecution under the UCMJ merely because their dependents are guilty of misconduct or criminal offenses, regulation becomes dependent upon matters other than criminal prosecution.

The military sponsor, however, is responsible as a parent, for the conduct of his or her dependents on and off base. For minor first offenses, the commanding officer may find it sufficient to accept payment for damages for property destroyed or stolen and bar the juvenile from using certain base facilities (usually those in which the offense took place). More serious or repeated infractions may call for termination of sponsor's Government quarters and barring of the minor from the base. In addition, the commanding officer has various administrative remedies that may be effectively used against juvenile offenders, such as withdrawal of base auto permits. The CO will make the standards of conduct known not only in base regulations but also by written notice at facilities customarily used by dependents.

In cases involving juveniles from off the base, the commanding officer will dispose of the troublesome youths by ordering them off the base and may prohibit their reentry. Masters-at-Arms may use only such force as is necessary to eject a person from the installation. The penalty imposed for recentering the reservation after ejection or order forbidding re-entry is contained in Title 18, U.S.C., Sec. 1382, which provides for a fine of not more than $500 or imprisonment for not more than 6 months, or both.

Legal Action

Occasionally, a more serious criminal offense (larceny, assault, or extensive vandalism) is committed on a military reservation by a juvenile. A base commanding officer does not have authority to order juveniles who have violated existing laws or base regulations on the reservation into confinement. However, an investigation may be conducted and, if warranted, juvenile suspects may then be detained as previously discussed.

Types of offenses

The following offenses are those that occur most frequently on naval bases:

1. Traffic violations. Speeding, reckless driving, and various minor driver violations involving teenage drivers create a special problem of control and prevention. Traffic control on the base usually is the responsibility of security personnel, who should make surveys determining the extent of the problem and enforce necessary measures of regulation. A simple reprimand is often sufficient for first offenders. Some youths, however, persist in driving recklessly on the base. In such cases, their parents should be notified and the commanding officer may suspend the youth's base driving privileges. Troublesome youths from local civilian areas should be forbidden to enter the reservation at all.

2. Disturbing the peace and disorderly conduct. Occasional rowdyism and fighting will inevitably occur when youths gather. In most incidents, security personnel action will consist of stopping the misconduct and when necessary, referring the incident to the parents of the youths involved. Since most juveniles are not of legal alcohol-drinking age, security personnel and investigators must be on the lookout for signs of illegal possession of alcohol. The names of persons and locations of places illegally dispensing alcohol to youths should be given to the security officer and/or local police so that appropriate legal action maybe taken to prevent recurrence. Drug abuse and narcotic problems may also be experienced on base.

3. Juvenile vandalism. Vandalism is the deliberate damaging or destruction of private or public property. Often, this delinquent behavior is committed for fun and excitement (especially by younger children), to express antagonism toward persons or situations (such as problems at home or school), for revenge, and as a kind of violent protest by angry and perhaps frustrated youths who are "mad at the world." The cure for vandalism lies in determining and removing its causes and in providing constructive outlets for the stored-up energies and frustrations of youths. In all cases, individual juveniles must be shown that such vicious behavior will not be allowed. They (or their parents) should pay for the damage done.

4. Petty theft and burglary. Housebreaking and petty thefts are frequent juvenile offenses. Most times, such acts will involve only a few dollars or the theft of inexpensive or attractive pieces of property (radios, bicycles, cigarettes, candy). The base exchange and snack bar will be frequent targets for juvenile shoplifters. In these cases, informal procedures such as reprimand, notification of parents, and withdrawal of base privileges usually will be sufficient. When a youth is guilty of recurring or serious offenses, legal action may be necessary.

INVESTIGATIVE PROCEDURES

The investigative procedures outlined are intended to apply to less serious first offenders among juveniles and not to adolescent criminals. During your relationships with youthful offenders, you must reflect a concern not only for the future development of the youths but also for their parents, their fellow juveniles, and their community.

Basic Principles

The investigative tasks of detecting and apprehending criminals, preventing crime, and controlling people, within the framework of the law, apply equally to all persons coming under military jurisdiction-including juveniles.

You must ensure that the juvenile is processed in accordance with applicable laws and regulations. Juveniles and their parents must be informed of their legal rights and the offense for which the juveniles have been apprehended.

Both in conduct and attitude, security personnel and investigator must reflect their position as adults interested in the welfare of all youths in the community and their status as law enforcement officers.

Your primary concern is to determine whether a specific act that is a violation of law was committed. The investigation is directed at producing evidence concerning the commission of an act and determining the identification of the offender.

You should determine what the juvenile did and why, though investigation into causes and background data should be limited to essential information.

In juvenile cases, investigative action may be extended to conduct on the part of military sponsors that is dangerous or harmful to a child.

The misbehavior of a juvenile is an offense against the public and not a personal offense against you. Many times, you will be the target of uncooperative, rebellious, insulting, youthful behavior on the part of one or more suspects in a case.

The temptation to "crack down" or to personally discipline a youthful offender must be avoided Physical punishment, detainment of juveniles in a manner not sanctioned by regulations, and other extralegal procedures are prohibited.

You must establish rapport and avoid doing anything in the personal handling of a juvenile that would justify a rebellious reaction by the youth.

Preliminary Investigation

Investigative procedures for the gathering of evidence in juvenile offenses are identical to those used in investigation of cases involving adult suspects-the evidence required is no less for juvenile cases. Care must be exercised to assure those rights of the children that protect them from unwarranted treatment.

You must notify the parents of a juvenile immediately after detaining or apprehending the youth. Failure to establish parental involvement violates the juvenile's rights and may hinder immediate corrective action.

You should make available to the parents full facts about the offense in which the juvenile is involved.

You should be alert for those rare parents who demonstrate that they are primarily concerned with shielding the suspect from any and all accusations, regardless of their validity.

In minor incidents, especially those involving children under 16 years of age, the informality of contact of the investigator with the juvenile may require no formal procedures, and corrective action may consist of a simple warning.

Interviews and Interrogation

Investigative procedures in connection with juvenile criminal offenses often involve interview and interrogation of young people, victims, witnesses, and suspects. The general techniques of interviewing and interrogation were described earlier in this chapter. Take certain precautions in questioning juveniles.

In any questioning of a juvenile, the following guidelines apply:

Obtain the juvenile's confidence by allowing him or her to take care of immediate needs. To get the interview started, establish a bond of mutual interest or experience. neat the juvenile with consideration and be friendly. Many juveniles feel that the world especially the adult, is against them.

In obtaining personal information, explain why the information is necessary. Intersperse your data with his or hers so as to keep the interview going and provide yourself a check on the validity of the juvenile's answer. Never allow the juvenile to turn the tables and ask you questions. It also maybe desirable to keep the juvenile guessing as to how much you know, by your not saying too much during the interview. The juvenile must be told, however, of what he or she is suspected, in addition to other Miranda rights.

An interview or interrogation of a female juvenile by a male investigator should only be conducted in the presence or constant hearing of a witness, preferably female.

Excessive psychological force, such as abusive language, threats, or harshness, produces only one result: you make your own job harder. It might also subject you to disciplinary action, or even to personal civil liability. To get a complete and accurate story, you must avoid alienating the juvenile.

Avoid "get-tough" attitudes or loss of temper. Investigators are not prosecutors.

In interrogating juveniles, you must avoid any coercive practices, and any act which would make it likely that an innocent, but frightened or emotionally disturbed child would confess.

Avoid using condemning terms, such as juvenile delinquent, thief, and liar.

A number of interview techniques used by civilian agencies have been found to be effective in dealing with youthful offenders. Among these techniques are the following:

1. Approach- Your approach should be honest and straightforward. Preconceived feelings and hostilities on both sides should be aired at the beginning. During this initial opening, you should carefully evaluate the subject and seek an approach that will create meaningful communications.

2. Language- Slang, street language, or a falsely assumed level of English that you are uncomfortable with will appear phony. Unless you are comfortable with youthful expressions, they should be avoided.

3. Questions- A truthful answer to all questions should be given. Questions should contribute to the course of the interview and not divert from it.

4. Personal experiences- The limited use of personal experiences by you may convince the youth that his or her position is understood and may tend to lower anxiety.

5. Control- The juvenile may test your sincerity by being uncooperative, telling obvious lies, or by using abusive language. If this occurs, you should make it known that the youth's efforts are obvious, and then attempt to identify the motivation behind them.

6. Self-respect- Avoid placing the youth in a situation where a loss of self-respect is likely to occur. Rationalizations and defense mechanisms can be very important, particularly in the young. The loss of these defenses may, in the long run, prove to be harmful.

7. Selection of alternatives- During the interview, both the juvenile and the parents should be made aware of the alternative courses of action available to the commanding officer. The juvenile, in particular, should have a major say in selecting one of the alternatives, as it will then be more meaningful.

8. Emotional outbursts- Emotional outbursts, closed eyes, dropped heads are all indications that progress is being made in discovering the causes behind the problem. At this point, the juvenile is often vulnerable to the establishment of a good relationship with you and a meaningful discussion.

You should always give consideration to having cooperative parents present during interviews or interrogations. You may give the parents an idea of what questions are going to be asked and allow them to ask their own questions at a given time. They should be told not to interrupt during the questioning. You should consider the advisability of conducting the questioning in the juvenile's home.

Contacting juveniles at school should be avoided if possible. However, if it is necessary, certain precautions must be observed.

1. Contact a key official, such as the school principal, and explain your purpose. Do not contact the student's teacher first.

2. Investigators, and particularly uniformed personnel, should not contact students at school during hours when it is likely they will be seen by large numbers of other students.

3. Remove a child from school only as a last resort. If a student is to be apprehended, explain this to school officials and obtain their permission to remove the child from school.

4. If possible and convenient, request a room in the school for questioning the suspect. Never enter the classroom to apprehend or question a juvenile.

If you should find it necessary to conduct an interview while the juvenile is in public view, especially when there are other juveniles present, the following precautions should be observed:

1. The juvenile subject must be allowed to "save face" with the group. If you act too officiously, you may embarrass or anger the youth and ruin the chances of a successful interview.

2. Speak quietly and inconspicuously.

3. Act casually as if you know the subject personally.