Legal system differs for juvenile offenders

Whether cheating on a test, sneaking a cookie before dinner or choosing to cut their own hair in a questionable fashion, children make mistakes. That's a given.

On occasion, the mistakes break the law: Stealing a piece of candy, breaking curfew late at night or spray painting a neighbor's garage door.

But what happens after their arrest?

Youths offer a unique challenge to criminal investigators. On some levels, minors suspected of a crime are treated like adults, while on others they get breaks adults wouldn't receive.

The arrest itself is handled the same as if it's an adult offender, says juvenile officer Randy Rhodes. Children who commit crimes are handcuffed, placed into custody and taken to the juvenile detention center. From there, the youth is either held or released to parents, a decision that must be made within 12 hours.

For minor crimes, such as violating curfew, the child is not held long. Often in these instances, the court is not involved and the case is dealt with informally.

"The juvenile system sets up their philosophy to try to get these kids persuaded not to follow the criminal path into adulthood," Cape Girardeau police Capt. Roger Fields said.

Handling the case informally without involving the court is typical with first-time offenders brought in for minor crimes such as shoplifting, according to Rhodes.

After the arrest, the youth is released to the parents, he said. The juvenile officer meets with the parents and reads them the police report, and a resolution is found without the court's involvement.

"The kids don't come back on shoplifting charges," he said, claiming 95 percent of children processed this way for the crime do not return as repeat offenders.

In more serious crimes, including other misdemeanors and felonies, the child could be held much longer. Police officers prepare a report, and a juvenile judge makes a decision on whether to hold the youth, Rhodes said.

Children held at the center have either been referred there a minimum of four times or twice in 90 days, or they have committed a felony, he said.

Repeat offenders, Rhodes said, are the ones most likely to end up in the adult system.

For officers needing to follow up on a crime where a juvenile is suspected, the questioning process is more complicated. With adults, suspects can be one-on-one with an officer or with their attorney present. The 32nd Judicial District, composed of Cape Girardeau, Bollinger and Perry counties, has more requirements when it comes to interviewing a youth.

The child may have a lawyer present, but for any sort of questioning to commence a parent or guardian is required to be present, as is a juvenile officer from the state, Cape Girardeau police Sgt. Barry Hovis said.

When a parent or juvenile officer cannot meet with the police officer, the interview is not held, Hovis said.

The only exception is in the case of an imminent threat of danger, such as trying to find a missing person. Then the child could be interviewed, he said.

Fields, who worked as a detention supervisor for nearly 20 years ago, said an arresting police officer has little contact with the juvenile after the child has been cited into juvenile court. In his time as a police officer, Fields said he has only been subpoenaed twice.

Rhodes said cases that go through the juvenile court process are airtight.

"Our standard is beyond reasonable doubt," he said.

kmorrison@semissourian.com

335-6611, extension 127