Arresting Justice: Juvenile Arrests in Chicago

ARRESTING JUSTICE:

A Report About Juvenile Arrests in Chicago 2009 & 2010

by First Defense Legal Aid (Caitlin Patterson) and Project NIA (Mariame Kaba) Designed by Caitlin Seidler & Maps by Dan Cooper June 2011

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

INTRODUCTION: Why this report?

The police are among the most visible and visceral representatives of state power. In today’s society, their presence seems ubiquitous. They serve as the gatekeepers to the criminal legal system and play a critical role in feeding the prison industrial complex.

Six million Americans a year have involuntary contact with the police, excluding traffic stops (Weaver and Lerman, 2010). These encounters are often especially fraught and traumatizing for youth. Young people of color, in particular, have spoken out eloquently about the unwanted contacts with police in their communities.

In Chicago, thousands of juveniles are arrested every year by law enforcement. There are six possible decision points1 in the interaction between police and young people. Police have the power to decide the following: 1. Whether to conduct an investigatory stop involving a young person; 2. Whether to arrest a young person; 3. Whether to release a young person from police custody with a station adjustment; 4. Whether to refer a young person to Juvenile Court or to the Felony Review Division of the Cook County State’s Attorney’s Office for prosecution; 5. Whether to release a young person from police custody with no charges; and 6. Whether to request that a young person be held in detention until his initial court appearance.

Each of these decision points involves the police officers’ use of discretion. These points of contact determine whether or not a particular young person will ultimately be referred to court and held in detention.

While we know that thousands of young people in Chicago come into contact with law enforcement daily, there is no broad-based public outcry over this reality. Arresting Justice is an attempt to provide relevant, timely and accessible data about juvenile arrests to community members in Chicago in the hopes of spurring action. The sponsors of this report are First Defense Legal Aid and Project NIA. First Defense Legal Aid (FDLA) has been dedicated to issues of indigent defense, police accountability, and the protection of civil rights for over 15 years. FDLA’s mission is two-pronged: 1

See the Appendix for a more detailed consideration of these 6 decision points regarding police interaction with young people.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

to ensure equal justice to people in custody at Chicago Police stations and to educate the people of Chicago about the power of their Constitutional rights during police encounters.

Project NIA’s mission is to dramatically reduce the reliance on arrest, detention, and incarceration for addressing youth crime and to instead promote the use of restorative and transformative practices, a concept that relies on community-based alternatives. Through community engagement, education, participatory action research, and capacity-building, Project NIA facilitates the creation of community-focused responses to violence and crime.

Both organizations believe that the first step to dramatically reducing juvenile arrests in Chicago is to mobilize our broader community to address the problem. Timely and relevant data documenting the scope of the issue is critical to such mobilization efforts. We hope that this report serves as a clarion call to those who are interested in preventing youth from getting caught up in the juvenile and criminal legal systems.

Acknowledgments This report was produced and written by Mariame Kaba (Project NIA) and Caitlin Patterson (First Defense Legal Aid). We are especially grateful to Dan Cooper from the Institute on Public Safety & Social Justice at the Adler School for the terrific maps that are included in this report and to Caitlin Seidler for designing and laying out this report.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 1—Total Juvenile Arrests in Chicago Chicago’s Police Department is the second largest in the United States, employing 14,973 members and serving 2.9 million residents.2 Chicago has 25 police districts that cover 77 community areas. According to the Chicago Police Department, there were 27,563 arrests of youth 17 and under in 2010 in the city of Chicago (some youth may be arrested more than once). There were an estimated 432,991 youth 17 and under living in Chicago in 2009.3 A police officer has the power to decide whether to release or arrest a juvenile if the officer reasonably believes that person committed a crime. Arrests appear on a young person’s criminal record even when the youth was released without charge, given a station adjustment, or otherwise never convicted.

In the following table, the type of offense is provided for informational purposes, giving context to the number of total arrests. Data is not available for the numbers of youth with whom the police have contact but do not formally arrest.

Total Number of Arrests of Persons 17 and Under (City of Chicago, 2009 & 2010) OFFENSE TYPE

2009

2010

% Change

Felony

6,424

6,068

-5.5%

Misdemeanor

20,153

18,182

-9.8%

Other*

1,124

809

-28%

Total (based on charges)

27,701

25,059

Total (based on CPD district numbers)

31,224

27,563

-11.7%

Source: Chicago Police Department’s Research and Development Division, Research and Analysis Section (March 2011), provided in response to a Freedom of Information Act (FOIA) request by First Defense Legal Aid. *Municipal Ordinance Arrests

Chicago Police Department 2009 Annual Report: A Year in Review—Available at: https://portal.chicagopolice. org/portal/page/portal/ClearPath/News/Statistical%20Reports/Annual%20Reports/09AR.pdf 3 City of Chicago Department of Family & Support Services, 2009 Estimated Population and Poverty by Community Area: Ages 6-17 (June 2011), provided in response to a request by Project NIA. 2

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

From 2003 to 2009, the total number of juvenile (16 and under) arrests in Chicago declined by 25.7%.

2003

2004

2005

2006

2007

2008

2009

27,821

28,132

28,751

26,345

24,611

23,018

20,664

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 2—Demographic Information about Juvenile Arrests in Chicago Unfortunately, we were unable to access juvenile arrest data broken down by race and gender for 2010 in time for the publication of this report. As such, we will rely on 2008 and 2009 Chicago Police Department (CPD) data to illustrate the demographic breakdown of juvenile arrests.

Below is information about juvenile arrests by age, gender and race. Eighty-four percent (84%) of juveniles 16 or under arrested in 2009 were male and sixteen percent (16%) were female.

Gender

16 or under

17–20 years old

TOTAL

Male

17,327 (84%)

33,139

50,466

Female

3,337 (16%)

4,711

8,048

Unknown

0

2

2

TOTAL

20,664

37,852

58,516

Source: Chicago Police Department 2009 Annual Report: A Year in Review According to the Chicago Police Department4, in 2008, 69.2% of juveniles arrested were fifteen and sixteen years old. Fourteen year olds, the next largest group, accounted for 17.6% of juvenile arrests.

In 2008, whites accounted for 3.5% of all juvenile arrests, Hispanics accounted for 18%, and African Americans accounted for 78.1% (Chicago Police Department, 2009).

4

Juvenile Arrest Trends 2003–2008, Chicago Police Department (March 2009) – Available at: https://portal.chicagopolice.org/portal/page/portal/ClearPath/News/Statistical%20Reports/Juvenile%20Reports/JuvArr2008. pdf

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 3—Juvenile Arrests by District and Community Areas Most of the juvenile arrests in 2010 (63%) happened in 10 out of the 25 districts. In order of most to least, these districts are: 8, 11, 15, 4, 6, 3, 5, 7, 25, and 10 (see map).

Juvenile Arrests by District—Persons 17 and Under (City of Chicago, 2009–2010) District 2009 % Total 2009 2010 % Total 2010 TOTAL 09–10 01 676 2.17 685 2.49 1,361 02 873 2.8 731 2.65 1,604 03 1,942 6.22 1,660 6.02 3,602 04 2,001 6.41 1,914 6.94 3,915 05 1,627 5.21 1,464 5.31 3,091 06 2,040 6.53 1,674 6.07 3,714 07 1,665 5.33 1,447 5.25 3,112 08 2,565 8.21 2,247 8.15 4,812 09 1,671 5.35 1,334 4.84 3,005 10 1,349 4.32 1,348 4.89 2,697 11 2,478 7.94 2,141 7.77 4,619 12 957 3.06 880 3.19 1,837 13 551 1.76 417 1.51 968 14 815 2.61 588 2.13 1,403 15 2,021 6.47 1,975 7.17 3,996 16 685 2.19 494 1.79 1,179 17 1,031 3.3 959 3.48 1,990 18 662 2.12 770 2.79 1,432 19 317 1.02 318 1.15 635 20 559 1.79 590 2.14 1,149 21 443 1.42 472 1.71 915 22 1,266 4.05 1,129 4.1 2,395 23 248 0.79 212 0.77 460 24 920 2.95 708 2.57 1,628 25 1,862 5.96 1,406 5.1 3,268 TOTAL 31,224 99.98% 27,563 99.98% 58,787 Source: Chicago Police Department’s Research and Development Division, Research and Analysis Section (March 2011) 6

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

We were not able to obtain youth population data for each Chicago Police District in time for the publication of this report. We believe that youth living in certain Chicago communities are disproportionately impacted by the police and criminal/delinquency court systems. We hope to obtain per-district youth population data in order to create an index that describes the level of policing per capita in various Chicago neighborhoods.

The following table is provided as a reference for people interested in exploring how many youth are potentially affected by the policing practices in various districts. Note that several communities are served by more than one police district, and most police districts cover more than one community area.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010 Chicago Youth Population (Ages 6–17) by Community Area—2009 (Estimated) Rank 2009

Community Area

Total 6–17

% City’s % Youth Poor

12–14 (E.S.)

15–17 (H.S.)

Police Districts

1

25 – Austin

19,401

4.48

35.2

5,117

5,203

11 • 15 • 25

2

19 – Belmont Cragin

15,762

3.64

27.3

4,195

3,334

25

3

30 – South Lawndale

13,895

3.21

33.9

3,450

3,495

08 • 09 • 10

4

66 – Chicago Lawn

12,124

2.8

35

3,433

3,029

08

5

23 – Humboldt Park

11,673

2.7

46.9

3,018

3,191

11 • 13 • 14 • 25

6

2 – West Ridge

11,461

2.65

23.5

2,601

2,773

20 • 24

7

15 – Portage Park

11,066

2.56

21.3

2,724

2,803

16 • 17

8

22 – Logan Square

10,720

2.48

36.1

2,714

2,816

14 • 25

9

71 – Auburn Gresham

10,703

2.47

39.1

2,703

2,948

06 • 22

10

61 – New City

10,371

2.4

46.2

2,364

2,493

09

11

58 – Brighton Park

9,566

2.21

26.3

2,274

2,596

08 • 09

12

43 – South Shore

9,278

2.14

46.3

2,629

2,317

03 • 04

13

70 – Ashburn

9,077

2.1

12.6

2,246

2,298

06 • 08

14

63 – Gage Park

9,007

2.08

25.2

2,488

2,083

08 • 09

15

49 – Roseland

8,850

2.04

39.2

2,289

2,618

05 • 06 • 22

16

29 – North Lawndale

8,830

2.04

56.4

1,881

2,747

10 • 11

17

67 – West Englewood

8,738

2.02

49.9

2,601

2,549

07

18

24 – West Town

8,703

2.01

30.3

2,436

2,092

13 • 14

19

16 – Irving Park

8,308

1.92

13.1

1,939

1,851

17

20

14 – Albany Park

7,950

1.84

26.1

1,880

1,846

17

21

68 – Englewood

7,546

1.74

59.4

1,628

2,100

02 • 03 • 06 • 07

22

46 – South Chicago

7,503

1.73

39.4

1,962

1,777

04

23

53 – West Pullman

7,460

1.72

33.2

2,059

2,067

05

24

65 – West Lawn

6,999

1.62

20.5

1,411

1,614

08

25

69 – Greater Grand Crossing

6,853

1.58

47

1,485

2,210

03 • 06 • 07

26

17 – Dunning

6,582

1.52

10.3

1,538

1,886

16 • 25

27

52 – Eastside

6,184

1.43

26.8

1,427

1,433

04

28

31 – Lower West Side

6,095

1.41

38.9

1,535

1,485

09 • 10 • 12

29

1 – Rogers Park

6,008

1.39

35.6

1,526

1,669

24

30

56 – Garfield Ridge

5,880

1.36

16.5

1,474

1,404

08 • 10

31

21 – Avondale

5,607

1.29

25.4

1,326

1,348

14 • 17 • 25

32

44 – Chatham

5,431

1.25

31.8

1,754

1,637

04 • 06

33

28 – Near West Side

5,429

1.25

41

1,688

1,480

10 • 11 • 12 • 13

34

10 – Norwood Park

5,399

1.25

6.1

1,311

1,155

16

35

20 – Hermosa

5,281

1.22

24.9

1,260

1,367

25

36

73 – Washington Heights

4,888

1.13

25.5

1,383

1,199

22

37

7 – Lincoln Park

4,883

1.13

8.3

1167

943

38

27 – East Garfield Park

4,759

1.1

52.6

1,206

1,483

11 • 13

39

3 – Uptown

4,745

1.1

43.9

1,013

1,156

19 • 20 • 23

8

18 • 19 • 23

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010 Rank 2009

Community Area

Total 6-17

% City’s % Youth Poor

12–14 (E.S.)

15–17 (H.S.)

Police Districts

40

60 – Bridgeport

4,546

1.05

22.2

1,003

1,389

09

41

76 – O’Hare

4,516

1.04

16.1

1,180

1,289

16

42

26 – West Garfield Park

4,348

1

50.4

1,159

1,103

11

43

6 – Lakeview

4,137

0.96

5.1

856

730

44

72 – Beverly

4,132

0.95

4.3

1,008

1,028

45

42 – Woodlawn

4,119

0.95

41.4

1,218

974

46

75 – Morgan Park

4,023

0.93

13.3

929

1,285

22

47

4 – Lincoln Square

3,994

0.92

25.7

1,001

1,117

19 • 20

48

38 – Grand Boulevard

3,776

0.87

48.2

1,278

881

02

49

11 – Jefferson Park

3,709

0.86

4.8

1,048

961

16

50

8 – Near North Side

3,654

0.84

38.9

920

932

18

51

77 – Edgewater

3,565

0.82

22

764

957

20 • 24

52

51 – South Deering

3,537

0.82

35.1

1,043

829

04

53

74 – Mount Greenwood

3,513

0.81

2.9

767

767

22

54

64 – Clearing

3,469

0.8

6.4

776

947

08

55

62 – West Elsdon

3,263

0.75

14.6

749

888

08

56

12 – Forest Glen

3,212

0.74

6.5

688

714

16 • 17

57

13 – North Park

3,062

0.71

4.4

852

711

17

58

40 – Washington Park

2,860

0.66

61.6

795

814

02 • 03

59

59 – McKinley Park

2,531

0.58

21.7

514

651

09

60

39 – Kenwood

2,442

0.56

43.4

605

630

21

61

18 – Montclare

2,399

0.55

10

514

707

25

62

41 – Hyde Park

2,355

0.54

17.5

569

518

03 • 21

63

5 – North Center

2,190

0.51

4.8

357

480

19

64

48 – Calumet Heights

2,187

0.51

26.5

532

589

04

65

57 – Archer Heights

2,127

0.49

17.1

713

437

08

66

35 – Douglas

2,084

0.48

34.9

452

479

02 • 21

67

45 – Avalon Park

1,881

0.43

35.8

481

632

04

68

55 – Hegewisch

1,867

0.43

20.9

331

382

04

69

34 – Armour Square

1,738

0.4

18.6

286

462

01 • 09 • 21

70

54 – Riverdale

1,623

0.37

72.6

446

265

05

71

50 – Pullman

1,574

0.36

38.6

390

387

05

72

9 – Edison Park

1,486

0.34

3.8

345

269

16

73

33 – Near South Side

1,308

0.3

29.5

376

228

01 • 21

74

47 – Burnside

1,034

0.24

46.9

364

263

04

75

36 – Oakland

805

0.19

38.3

161

199

02 • 21

76

37 – Fuller Park

579

0.13

54.4

245

169

02 • 09

77

32 – Loop

331

neg.

8.8

15

58

01

19 • 23 22 03 • 21

Source: City of Chicago Department of Family & Support Services, 2009 Estimated Population and Poverty by Community Area: Ages 6-17 (June 2011)

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 4—Juvenile Arrests & Offenses by District and by Volume The following tables report the numbers of arrests of people age seventeen and younger in each Chicago Police District in calendar years 2009-2010. Juveniles may be held in police custody while they are under investigation for criminal offenses. However, some juveniles are released without being charged: not all juvenile arrests result in court referral. Additionally, some juveniles may be arrested for multiple offenses during the same incident, so these data describe numbers of arrests, not numbers of individuals who were arrested or ultimately prosecuted.

Juvenile Arrests & Offenses in Each Chicago Police District – Rank by Volume Rank

Total Juvenile Arrests

2009 District

No.

Felony Arrests

Misdemeanor Arrests

District

No.

District

No.

1

08 – Chicago Lawn

2,565

11 – Harrison

803

08 – Chicago Lawn

1,866

2

11 – Harrison

2,478

15 – Austin

505

04 – South Chicago

1,413

3

06 – Gresham

2,040

07 – Englewood

497

06 – Gresham

1,386

4

15 – Austin

2,021

08 – Chicago Lawn

485

03 – Grand Crossing

1,330

5

04 – South Chicago

2,001

06 – Gresham

434

25 – Grand Central

1,177

6

03 – Grand Crossing

1,942

05 – Pullman

391

09 – Deering

1,150

7

25 – Grand Central

1,862

03 – Grand Crossing

386

11 – Harrison

1,118

8

09 – Deering

1,671

25 – Grand Central

355

05 – Pullman

1,085

9

07 – Englewood

1,665

10 – Ogden

354

15 – Austin

1,022

10

05 – Pullman

1,627

04 – South Chicago

342

07 – Englewood

876

11

10 – Ogden

1,349

09 – Deering

305

22 – Morgan Park

871

12

22 – Morgan Park

1,266

22 – Morgan Park

285

17 – Albany Park

787

13

17 – Albany Park

1,031

02 – Wentworth

230

10 – Ogden

741

14

12 – Monroe

957

24 – Rogers Park

151

12 – Monroe

688

15

24 – Rogers Park

920

12 – Monroe

136

24 – Rogers Park

618

16

02 – Wentworth

873

14 – Shakespeare

136

16 – Jefferson Park

543

17

14 – Shakespeare

815

18 – Near North

131

02 – Wentworth

531

18

16 – Jefferson Park

685

17 – Albany Park

105

01 – Central

488

19

01 – Central

676

13 – Wood

94

14 – Shakespeare

480

20

18 – Near North

662

21 – Prairie

89

18 – Near North

461

21

20 – Foster

559

01 – Central

70

20 – Foster

448

22

13 – Wood

551

20 – Foster

70

13 – Wood

351

23

21 – Prairie

443

16 – Jefferson Park

61

21 – Prairie

321

24

19 – Belmont

317

19 – Belmont

53

19 – Belmont

229

25

23 – Town Hall

248

23 – Town Hall

26

23 – Town Hall

173

Source: Chicago Police Department’s Research and Development Division, Research and Analysis Section (March 2011). This table does not include arrests for City of Chicago ordinance violations, which are factored into the total number of arrests per district reported by the CPD.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Rank 2010

Total Juvenile Arrests District

No.

Felony Arrests

Misdemeanor Arrests

District

No.

District

No.

1

08 – Chicago Lawn

2,247

11 – Harrison

808

08 – Chicago Lawn

1,636

2

11 – Harrison

2,141

15 – Austin

494

04 – South Chicago

1,367

3

15 – Austin

1,975

08 – Chicago Lawn

418

06 – Gresham

1,177

4

04 – South Chicago

1,914

07 – Englewood

399

03 – Grand Crossing

1,140

5

06 – Gresham

1,674

10 – Ogden

389

15 – Austin

1,046

6

03 – Grand Crossing

1,660

04 – South Chicago

380

05 – Pullman

975

7

05 – Pullman

1,464

05 – Pullman

351

11 – Harrison

940

8

07 – Englewood

1,447

06 – Gresham

335

09 – Deering

931

9

25 – Grand Central

1,406

25 – Grand Central

326

25 – Grand Central

892

10

10 – Ogden

1,348

03 – Grand Crossing

316

07 – Englewood

862

11

09 – Deering

1,334

09 – Deering

250

22 – Morgan Park

811

12

22 – Morgan Park

1,129

22 – Morgan Park

215

10 – Ogden

754

13

17 – Albany Park

959

18 – Near North

210

17 – Albany Park

733

14

12 – Monroe

880

02 – Wentworth

184

12 – Monroe

673

15

18 – Near North

770

24 – Rogers Park

138

01 – Central

554

16

02 – Wentworth

731

17 – Albany Park

125

18 – Near North

509

17

24 – Rogers Park

708

12 – Monroe

120

24 – Rogers Park

497

18

01 – Central

685

14 – Shakespeare

115

20 – Foster

464

19

20 – Foster

590

21 – Prairie

101

02 – Wentworth

445

20

14 – Shakespeare

588

13 – Wood

78

16 – Jefferson Park

393

21

16 – Jefferson Park

494

01 – Central

76

14 – Shakespeare

373

22

21 – Prairie

472

20 – Foster

74

21 – Prairie

341

23

13 – Wood

417

19 – Belmont

66

13 – Wood

295

24

19 – Belmont

318

16 – Jefferson Park

60

19 – Belmont

236

25

23 – Town Hall

212

23 – Town Hall

40

23 – Town Hall

138

Source: Chicago Police Department’s Research and Development Division, Research and Analysis Section (March 2011). This table does not include arrests for City of Chicago ordinance violations, which are factored into the total number of arrests per district reported by the CPD.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Highest Total Arrest Volume—Most Frequently Reported Offenses Most juvenile arrests in Chicago are for misdemeanor offenses, generally, or felony drug possession.

Rank 2009

Police District

1

08 – Chicago Lawn

2

Most Frequently Reported Offenses

Type of Offense

Number

1. Disorderly Conduct 2. Drug Abuse Violations 3. Larceny – Theft

1. Misdemeanor 2. Misdemeanor 3. Misdemeanor

316 300 300

11 – Harrison

1. Drug Abuse Violations 2. Drug Abuse Violations 3. Larceny – Theft

1. Felony 2. Misdemeanor 3. Misdemeanor

546 231 222

3

06 – Gresham

1. Miscellaneous Non-Index Offenses 2. Drug Abuse Violations 3. Simple Battery

1. Misdemeanor 2. Misdemeanor 3. Misdemeanor

309 307 208

4

15 – Austin

1. Drug Abuse Violations 2. Drug Abuse Violations 3. Gambling

1. Felony 2. Misdemeanor 3. Misdemeanor

333 284 217

5

04 – South Chicago 1. Drug Abuse Violations 2. Simple Battery 3. Miscellaneous Non-Index Offenses

1. Misdemeanor 2. Misdemeanor 3. Misdemeanor

307 287 242

Source: CPD Research and Development Division, Research and Analysis Section (March 11, 2011).

Rank 2010

Police District

Most Frequently Reported Offenses

Type of Offense

Number

1

08 – Chicago Lawn 1. Disorderly Conduct 2. Drug Abuse Violations 3. Simple Battery

1. Misdemeanor 2. Misdemeanor 3. Misdemeanor

366 285 229

2

11 – Harrison

1. Drug Abuse Violations 2. Drug Abuse Violations 3. Simple Battery

1. Felony 2. Misdemeanor 3. Misdemeanor

571 217 179

3

15 – Austin

1. Drug Abuse Violations 2. Drug Abuse Violations 3. Gambling

1. Misdemeanor 2. Felony 3. Misdemeanor

332 316 178

4

04 – South Chicago 1. Disorderly Conduct 2. Drug Abuse Violations 3. Simple Battery

1. Misdemeanor 2. Misdemeanor 3. Misdemeanor

287 284 250

5

06 – Gresham

1. Miscellaneous Non-Index Offenses 1. Misdemeanor 2. Drug Abuse Violations 2. Misdemeanor 3. Simple Battery 3. Misdemeanor

267 209 195

Source: CPD Research and Development Division, Research and Analysis Section (March 11, 2011).

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Highest Felony Arrest Volume—Most Frequently Reported Offenses The following tables are adapted from the Chicago Police Department’s report of its total numbers of juvenile felony arrests per district in 2009 and 2010.

As reported by CPD, the offenses described below lack some definition. For instance, the CPD data does not distinguish among the various possible types of drug charges. Most drug abuse violation (*) arrests reported were probably for possession of a controlled substance, such as heroin or cocaine, which results in a felony charge regardless of the amount of the drug the arrestee allegedly possessed and/or whether he allegedly intended to sell it, use it privately, or do nothing with it.5

5

Illinois Controlled Substances Act, 720 ILCS 570/401 (2010)

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Similarly, felony aggravated battery (**) describes a range of behavior. Simple battery, a misdemeanor, is defined as physical contact of an insulting or harmful nature that one person intentionally causes to another.6 Some battery charges are aggravated and upgraded to felonies based on the legal status of the alleged victim. Illinois law gives special protection to police officers, teachers, and elderly people, among others, so a youth alleged to have any degree of physical contact with those types of people may be charged with a felony, even if the victim was not actually injured.7 Battery may also be charged as a felony only because it occurred on public property, even if no one was injured.8 On the other hand, battery may be charged as a felony because the alleged offender used a weapon or caused serious injury to the victim.9 The arrest data reported by CPD do not describe whether the alleged offenses were violent in nature or charged as felonies due to the location of the conduct or status of the victim.

Rank 2009

Police District

Community Areas

Most Frequently Reported Felony Offenses

Number

1

11 – Harrison

Humboldt Park, Austin, East & West Garfield Park, N. Lawndale

1. Drug Abuse Violations* 2. Robbery 3. Aggravated Battery**

546 84 53

2

15 – Austin

Austin

1. Drug Abuse Violations* 2. Robbery 3. Aggravated Battery**

333 40 33

3

07 – Englewood

Englewood, Greater Grand Crossing, W. Englewood

1. Burglary 2. Robbery 3. Motor Vehicle Theft

119 82 71

4

08 – Chicago Lawn Garfield Ridge, Gage Park, W. Elsdon, Archer Hts., W. Lawn, Chi. Lawn, Ashburn

1. Robbery 2. Burglary 3. Aggravated Battery**

123 102 55

5

06 – Gresham

Auburn Gresham, Greater 1. Robbery Grand Crossing, Chatham 2. Burglary 3. Drug Abuse Violations*

118 93 53

Source: CPD Research and Development Division, Research and Analysis Section (March 11, 2011); CPD Bureau of Administrative Services, Information Services Division GIS (May 2008).

Illinois Criminal Code of 1961, 720 ILCS 5/12-3(a) (2011) Illinois Criminal Code of 1961, 720 ILCS 5/12-3.05(d) (2011) 8 Illinois Criminal Code of 1961, 720 ILCS 5/12-3.05(c) (2011) 9 Illinois Criminal Code of 1961, 720 ILCS 5/12-3.05(a) (2011) 6 7

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Rank 2010

Police District

Community Areas

Most Frequently Reported Felony Offenses

Number

1

11 – Harrison

Humboldt Park, Austin, East & West Garfield Park, N. Lawndale

1. Drug Abuse Violations* 2. Motor Vehicle Theft 3. Robbery

571 63 58

2

15 – Austin

Austin

1. Drug Abuse Violations* 2. Robbery 3. Aggravated Battery**

316 53 30

3

08 – Chicago Lawn

Garfield Ridge, Gage Park, W. Elsdon, Archer Hts., W. Lawn, Chi. Lawn, Ashburn

1. Burglary 2. Robbery 3. Aggravated Battery**

97 84 54

4

07 – Englewood

Englewood, Greater Grand 1. Burglary Crossing, W. Englewood 2. Robbery 3. Drug Abuse Violations*

96 70 39

5

10 – Ogden

North & South Lawndale, Lower West Side

165 73 39

1. Drug Abuse Violations* 2. Robbery 3. Motor Vehicle Theft

Source: CPD Research and Development Division, Research and Analysis Section (March 11, 2011); CPD Bureau of Administrative Services, Information Services Division GIS (May 2008).

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 5—Juvenile Arrests on School Property There has been much discussion about the school to prison pipeline10 lately. One of the most important developments over the past few years has been the over-reliance on arrests as a way to address perceived school discipline problems.

School officials may usually decide whether or not to involve the police in a school incident. The Chicago Board of Education sets policies indicating when it is mandatory for school officials to notify police of alleged student misbehavior, when school officials may use their discretion in calling police, and when the police need not be involved.11 For example, when two people fight at school but no one is injured, the Student Code of Conduct does not require that police be notified. School officials may use their discretion in notifying police of a fight involving more than two people or resulting in injuries. School officials may also refrain from calling the police when a student makes any inappropriate minor physical contact with school personnel. Project NIA and FDLA encourage schools to handle conflict among students, teachers, and administrators without resorting to a police response as often as possible.

The numbers reported below underscore the reality that many young people in Chicago are arrested directly from their schools.

Arrests at Public School Locations—Persons 17 and Under (City of Chicago, 2009–2010) 2009 2010 % Change 5,651 5,574 -1.3% Source: CPD Research and Development Division, Research and Analysis Section (March 11, 2011). Includes location codes that reflect public schools buildings and public school grounds.

The “School to Prison Pipeline” describes the reality that many young people are being pushed out of school and into the juvenile and adult legal systems because of harsh discipline policies, high stakes testing, police involvement in schools, and social oppression.

11 Chicago Public Schools Student Code of Conduct, pages 15–28 (effective September 16, 2010) – Available at: http://www.cps.edu/Pages/StudentResourcesStudentCodeofConduct.aspx 10

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Arrests at Public School Locations by District—Persons 17 and Under (City of Chicago, 2009 & 2010) District 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOTAL

2009 7 155 227 530 352 375 244 482 213 100 320 369 141 55 182 254 275 71 95 233 114 447 28 93 289 5,651

% Total 2009 0.12 2.74 4.02 9.38 6.23 6.64 4.32 8.53 3.77 1.77 5.66 6.53 2.5 0.97 3.22 4.49 4.87 1.26 1.68 4.12 2.02 7.91 0.5 1.65 5.11 100.01

17

2010 5 178 238 543 345 379 225 532 267 133 255 308 120 73 215 160 287 71 80 236 161 370 11 71 311 5,574

% Total 2010 0.09 3.19 4.27 9.74 6.19 6.8 4.04 9.54 4.79 2.39 4.57 5.53 2.15 1.31 3.86 2.87 5.15 1.27 1.44 4.23 2.89 6.64 0.2 1.27 5.58 100

TOTAL 12 333 465 1,073 697 754 469 1,014 480 233 575 677 261 128 397 414 562 142 175 469 275 817 39 164 600 11,225

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 6—Formal/Informal Station Adjustments As an alternative to referring the case to Juvenile Court, a youth officer may release a young person from custody with a station adjustment. There are two types of station adjustments: informal and formal. A youth officer may give an informal station adjustment if he decides there is probable cause to believe the juvenile committed an offense. A formal station adjustment is different in that a juvenile must also admit involvement in the alleged offense. The juvenile’s admission can later be used as evidence against him if he violates the terms of the formal adjustment and his case is referred to court.

Although they are not convictions, station adjustments usually appear in a juvenile’s arrest history. All formal station adjustments must be recorded with the Illinois State Police. Informal station adjustments for felonies must also be recorded with the Illinois State Police, and informal station adjustments for misdemeanors may be recorded. Station adjustments can be expunged from a juvenile’s record.

There were 1,733 formal and 7,040 informal station adjustments reported by CPD in 2010.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Station Adjustments (City of Chicago, 2009 & 2010) 2009

2010

Formal Informal Formal Informal DISTRICT Adjustments Adjustments Adjustments Adjustments TOTAL 01 33 188 42 356 619 02 3 146 17 146 312 03 49 333 26 222 630 04 43 396 45 392 876 05 29 376 36 308 749 06 21 384 38 300 743 07 5 238 28 316 587 08 44 607 85 691 1,427 09 33 336 45 402 816 10 17 236 26 357 636 11 113 467 133 476 1,189 12 121 209 205 281 816 13 46 119 56 159 380 14 62 123 65 153 403 15 127 361 185 611 1,284 16 122 127 101 156 506 17 136 197 187 304 824 18 30 137 62 230 459 19 18 76 18 95 207 20 40 120 31 157 348 21 3 97 5 155 260 22 33 353 21 197 604 23 13 51 9 60 133 24 19 97 21 171 308 25 221 316 246 345 1,128 TOTAL 1,381 6,090 1,733 7,040 16,244 Source: Youth Investigation Section, Detective Division, provided to CPD Research & Development on 8 March 2011.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 7—Implications of the Data The data presented in this report show that certain community areas in Chicago are disproportionately impacted by juvenile arrests. The maps included in the report visually illustrate that juveniles on the South and West sides of Chicago are more likely to find themselves in police custody.

We know that contact with law enforcement has a negative impact on young people. Young people who are arrested may at least temporarily miss school, work, or youth development programming while they are held in police custody. Their school and positive extracurricular schedules are further disrupted on each day they are required to appear in court or held in detention, as are their parents’ work and child care responsibilities. Youth in trouble with the law consistently struggle in school, have higher levels of mental and emotional trauma, and are likely to recidivate.

Community members must find new and creative ways to reach young people before they are arrested or come to the attention of law enforcement. We encourage our readers to take personal responsibility for supporting young people who may be in trouble. Please share your ideas with us so that we may pass them along. Visit the Arresting Justice report blog (http:// arrestjustice.wordpress.com) where youth and adults will be able to participate in an anonymous survey about encounters with the police. In addition, Caitlin Patterson of FDLA can be reached at fdlegalaid@gmail.com and Mariame Kaba of Project NIA can be reached at projectnia@hotmail.com for questions about the report.

The event of an arrest is truly life-altering for anyone taken into police custody and their families. We must work to prevent youth involvement with police and criminal/delinquency court systems. Despite sensational media reports, however, youth are the minority of people who get arrested. The Chicago Police Department made 181,669 arrests in 2009 – approximately 17% were of people seventeen and younger (31,224).12 This statistic should shatter the prevalent characterization of youth as “flash mobs” or as automatically “suspect.” In forming opinions about Chicago’s young people, we should never forget that adults are the ones primarily implicated in the criminal legal system.

12

Chicago Police Department 2009 Annual Report; CPD Research and Development Division, Research and Analysis Section (March 11, 2011).

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

APPENDIX SECTION 1—OPTIONS POLICE HAVE IN THEIR INTERACTIONS WITH YOUTH There are many ways that the police can interact with youth in Chicago.

1. Decision to Conduct Investigatory Stop In public places, where most arrests happen, police officers may stop any person whom the officers reasonably suspect might be committing a crime for temporary investigation. Terry v.

Ohio, 392 U.S. 1 (1968). The officers must base their suspicion not just on a hunch, but on specific facts they can explain to a judge. They may take into account such factors as what they observed the person doing; whether the neighborhood is a “high-crime area,” where there is a lot of drug-dealing or violence; and whether the person ran away or otherwise attempted to evade the police. Illinois v. Wardlow, 528 U.S. 119 (2000). For their safety during the stop, officers may pat down the outer clothing of a detainee for weapons. If the officers feel what immediately appears to be a weapon or drugs, they may remove that object from the detainee’s clothing and arrest the detainee if the object was, in fact, illegal to possess.

During a stop, police may ask the detainee to identify himself, and he must truthfully provide his name, birthdate, address, and phone number. Hiibel v. Sixth Judicial District Court, 542 U.S. 218 (2004). A person may be arrested simply for providing false identification to police officers. Obstructing identification, 720 ILCS 31-4.5 (2010). During a stop, the detainee does not have to answer any other police questions, such as what he was doing, where he was going, or what he knows about any other person or incident. The detainee can use his right to remain silent under the Fifth Amendment of the United States Constitution and Article One, Section Ten, of the Illinois Constitution.

Officers may ask any person to voluntarily stop and talk with them during a consensual encounter. If the person is not sure whether he must stop, he may ask the officers if he is free to leave.

A person who is free to leave may do so. In Chicago, police officers frequently fill out and save a contact card with information provided by the person. If a person is not free to leave police custody, he has been arrested. United States v. Mendenhall, 446 U.S. 544 (1980).

2. Discretion to Arrest Police officers may arrest a juvenile when they have probable cause – a reason, based on specific facts known to the officers, to believe that the juvenile committed a crime or violated a court order of supervision or probation. Arrest and taking into custody of a minor, 705 ICLS 405/5-401(1) (a), (c) (1999). Note that the officers’ decision to arrest is discretionary. They have the power to decide whether or not to arrest a juvenile whom they believe committed a crime.

In public places, including schools, police do not need a warrant to arrest a juvenile on the basis of probable cause. If, however, officers wish to remove a juvenile from his home, they should get an arrest warrant. All people have the right against unreasonable searches of their homes 22

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

and unreasonable seizures of their persons and property under the Fourth Amendment of the United States Constitution and Article One, Section Six, of the Illinois Constitution. A child or his family may refuse to allow officers into the house to arrest a person when the officers do not have a warrant. Payton v. New York, 445 U.S. 573 (1980). A juvenile is not required to voluntarily leave his home and accompany officers to the police station for questioning.

Illinois law never gives people the right to resist arrest. Resisting or obstructing a peace officer, 720 ILCS 5/31-1(a) (2009). Therefore, a juvenile who believes that his arrest was illegal should not resist or otherwise fight back against the officers. If he is charged with a crime, the fact of the unlawful arrest may be used to fight his case in court.

Any police officer who arrests a juvenile for a misdemeanor offense may confirm the juvenile’s identity and release him to his guardian. Duty of officer; admissions by minor, 705 ILCS 405/4405(2) (1999). Otherwise, a youth officer must promptly be assigned to the case. The youth officer may release the juvenile with a station adjustment, refer the case to Juvenile Court and release the juvenile to his guardian, or keep the juvenile in custody under specific conditions and time limitations. 705 ILCS 405/5-405(3).

3. Release with Station Adjustment Instead of referring a juvenile arrestee to court, a youth officer has the option to release the juvenile from police custody with a station adjustment. Station adjustments are available for any type of offense – city ordinance violations, misdemeanors, or felonies. In deciding whether to offer a station adjustment, the youth officer must consider the juvenile’s age and history of delinquency, the seriousness of the alleged offense, the juvenile’s alleged culpability (level of involvement), whether the alleged offense was aggressive or premeditated, and whether the juvenile used or possessed a deadly weapon. Station adjustments, 705 ILCS 405/5-301 (1999).

A station adjustment is not a finding of delinquency or a criminal conviction. 705 ILCS 405/5301(1)(g), (2)(e).

A youth officer may impose conditions on the juvenile as part of a station adjustment. For example, the youth officer may set a curfew, order the juvenile to refrain from contacting certain people or entering certain places, and require the juvenile to attend school, perform community service, participate in community mediation or peer jury, or pay restitution. 705 ILCS 405/5301(1)(e), (2)(d)(iii). If the juvenile violates the conditions of a station adjustment, the youth officer may extend the adjustment, terminate it unsatisfactorily, or refer the case to the State’s Attorney or Juvenile Court. 705 ILCS 405/5-301(1)(f), (2)(i).

There are two types of station adjustments: informal and formal. A youth officer may give an informal station adjustment if he decides there is probable cause to believe the juvenile committed an offense. 705 ILCS 405/5-301(1)(a). A formal station adjustment is different in that a juvenile must admit involvement in the alleged offense. 705 ILCS 405/5-301(2)(a). The juvenile’s admission can later be used as evidence against him if he violates the terms of the formal adjustment and his case is referred to court. 705 ILCS 405/5-301(2)(c)(iv).

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

Although they are not convictions, station adjustments usually appear in a juvenile’s arrest history. All formal station adjustments must be recorded with the Illinois State Police. Informal station adjustments for felonies must also be recorded with the Illinois State Police, and informal station adjustments for misdemeanors may be recorded. 705 ILCS 405/5-301(1)(g), (2)(e).

Station adjustments can be expunged from a juvenile’s record. 705 ILCS 405/5-915.

The number of station adjustments a juvenile may receive is limited by Illinois law. A juvenile cannot receive more than five informal and four formal station adjustments while he is a minor, with additional limitations by type of offense. 705 ILCS 405/5-301(1)(b)-(d), (2)(j)-(l).

4. Investigation; Referral for Prosecution A youth officer may hold a juvenile arrestee in custody when he reasonably believes there is urgent and immediate necessity to do so, given the nature of the allegations and factors such as the juvenile’s family, educational, and social circumstances. Duty of officer, 705 ILCS 405/5405(3)(c). There are strict limitations on the amount of time that a juvenile arrestee may be held in police custody for investigation. A child younger than twelve years old cannot be held for more than six hours. Non-secure custody or detention, 705 ILCS 405/5-410(2)(a) (2004). A juvenile who is twelve years or older may be held no longer than twelve hours for a non-violent crime and no longer than twenty-four hours for a violent crime. 705 ILCS 405/5-410(2) (c). All arrestees under seventeen years old must be separated from adult detainees by “sight and sound.” 705 ILCS 450/5-410(2)(c)(ii), (v); Excluded jurisdiction, 705 ILCS 450/5-130(7) (2006).

Whether a child will be charged as a juvenile or as an adult depends on the child’s age and the nature of the offense. When a child is charged as a juvenile, the youth officer may refer the child’s case to Juvenile Court and either release the child to his guardian or seek to hold the child in detention until his initial court appearance (see below). 705 ILCS 405/5-405(3). Police may not disclose the identity of a child charged as a juvenile to the general public. Processing of juveniles and minors under Department control, General Order 98-11, Section VI-A. All seventeen year olds charged with felonies will be prosecuted in adult Criminal Court, while misdemeanor cases are referred to Juvenile Court until the arrestee is eighteen. Exclusive jurisdiction, 705 ILCS 405/5-120 (2010). For certain offenses, a child who is fifteen years or older will automatically be processed and charged as an adult; police cannot refer the case to Juvenile Court. Those offenses include first degree murder, aggravated criminal sexual assault (rape), aggravated battery with a firearm (shooting), armed robbery with a firearm, aggravated vehicular hijacking (carjacking) with a firearm, and unlawful use of a weapon on school grounds. 705 ILCS 450/5-130(1)(a), (3)(a). Sometimes, a child as young as thirteen can be charged as an adult. In automatic transfer cases, members of the Chicago Police Department investigate the offenses alleged, and the Felony Review Division of the Cook County State’s Attorney’s Office determines whether there is sufficient evidence to prosecute the child.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

The protections that Illinois law provides for juvenile arrestees do not apply to children charged as adults, except for the requirement that children be held separately from adults. 705 ILCS 450/5-130(7). For example, police may disclose the identity of a sixteen year old accused of shooting another person.

Every person, regardless of his age, has the rights to remain silent and to defense counsel when he is arrested. United States Const., Amend. 5; Illinois Const., Art. 1, Sec. 10. Other than providing identity information, juveniles can refuse to answer police questions. They can also refuse to participate in an interrogation without an attorney present. Juveniles may exercise their rights by clearly saying, “I will not talk. I need my lawyer,” and then remaining silent.

When police officers arrest a juvenile with or without a warrant, they must immediately attempt to notify the juvenile’s guardian that he has been arrested and where he is being held. Duty of officer; admissions by minor, 705 ILCS 405/5-405(1), (2) (1999). However, a juvenile may be held in custody and investigated whether or not officers successfully reach the guardian and whether or not the guardian is present during questioning or other procedures. A parent or guardian may not be allowed to see a juvenile held in police custody; such visitors may be admitted or denied access to the juvenile arrestee at the district supervisor’s discretion.

According to Chicago Police Department policy, a juvenile should not be questioned, and a formal statement should not be taken, unless a guardian or youth officer is present. Processing of juveniles and minors under Department control, General Order 98-11, Section IV-E (revised 2000), Processing juvenile arrestees charged as adults, General Order 98-11-03B, Section IV-A-2 (2004).

The youth officer is not an advocate for the juvenile’s defense during questioning or at any time. Any statements the juvenile makes to the youth officer may be used against him in court.

Furthermore, conversations between a juvenile and his guardian are not privileged. Police may listen to the conversations, and the State’s Attorney could subpoena the guardian to appear in court and testify truthfully to the juvenile’s statements.

Police cannot deny access to a defense attorney. A juvenile (or person of any age) must be allowed to consult with an attorney who appears at the station on the arrestee’s behalf. Right to consult with attorney, 725 ILCS 5/103-4 (1963); Arrestees’ communications, Chicago Police Department General Order 02-03-08, Section III-B-1 (2002). Regardless of the charges, any friend or family member may send an attorney to the police station to represent a juvenile. It is not necessary that the juvenile himself call for the attorney when he might not have access to a telephone.

An attorney from First Defense Legal Aid is available twenty-four hours a day, seven days a week, for juveniles or adults who are under arrest at Chicago Police stations. Friends and family should call the FDLA Hotline immediately on behalf of someone arrested by Chicago Police: 1-800-LAW-REP-4 / 1-800-529-7374.

Although police cannot prevent an attorney from seeing his client once at the station, officers and detectives are not required to call an attorney for the juvenile. There are two very limited exceptions: Police cannot interrogate a juvenile who is twelve years old or younger without a 25

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

defense attorney present when the charges being investigated are criminal sexual assault (rape) or homicide (murder). Representation by counsel, 705 ILCS 405/5-170 (2005). As in adult cases, only homicide interrogations must be electronically recorded. When statements by accused may be used, 725 ILCS 5/103-2.1 (2005).

5. Release From Station Without Charges Whenever police officers, detectives, or agents of the State’s Attorney’s Office determine that there is not enough evidence to prosecute a juvenile arrestee, they should release him with no charges. The arrest will still appear on the juvenile’s record, and he should apply to have it expunged. Expungement of juvenile law enforcement and court records, 705 ILCS 405/5-915.

6. Request Detention of Juvenile When a youth officer refers a case to Juvenile Court, he may release the juvenile to his guardian with a promise to appear in court on a specified date. If the youth officer believes that there is “urgent and immediate necessity” to keep the juvenile in custody until the initial court appearance, he may request that the juvenile be held in secure custody at the Juvenile Temporary Detention Center or in non-secure custody at a youth shelter. 705 ILCS 405/5-401(b).

In Cook County, the Juvenile Probation Department screens each request for detention using a standardized points system called the Risk Assessment Instrument (RAI). Points are assigned according to the seriousness of the present offense, whether the juvenile has pending cases or past findings of delinquency, and whether the juvenile is currently subject to a detention alternative restriction such as home confinement. If the factors add up to fifteen or more points, Probation authorizes secure detention of a child who is thirteen years or older.

In cases of ten to fourteen points, or when the child is younger than thirteen, Probation explores non-secure detention options. If the factors add up to fewer than ten points, the juvenile should be released.

All juveniles charged as adults in automatic transfer cases are held in detention. They appear in Criminal Court for probable cause and bond hearings in accordance with provisions of the Illinois Code of Criminal Procedure. Children referred to Juvenile Court for violent felonies and weapons cases, such as murder, shooting, rape, home invasion, and armed robbery will also be held in detention until their initial court date (automatic fifteen points on RAI).

If the child is kept in custody when his case is referred to Juvenile Court, the judge must hold a detention hearing within forty hours. Setting of detention or shelter care hearing; release, 705 ILCS 405/5-415(1) (2009). The judge then determines whether the child should be released with or without restrictions while his case is pending. The judge may order continued detention if he makes certain findings: (a) there is probable cause that the juvenile committed an offense, and (b) there is “urgent and immediate necessity” to detain the child for his own protection or the protection of another person or property, or (c) the child is a flight risk. 705 ILCS 405/5-415(4).

26

27

Released With Court Date

Held in Detention Probable Cause & Bond Hearing in Criminal Court

State’s Attorney Charges Juvenile as Adult (automatic transfer cases)

Held in Detention or Shelter Probation Risk Assessment 40-hour Detention Hearing

Misdemeanors (17 & younger)

Felonies (16 & younger)

Formal May include conditions Must admit involvement

Release With Station Adjustment

Release Without Charges

No Referral for Prosecution

Release – No Arrest

NO COURT REFERRAL

Informal May include conditions No admission of guilt

Police Custody & Investigation (12-24 hour limit)

Initial Police Contact Investigatory Stop Arrest Consensual Encounter

POLICE ACTION

Youth Officer Refers to Juvenile Court

Referral for Prosecution

REFERRAL TO COURT

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 2—JUVENILES’ RIGHTS WITH LAW ENFORCEMENT Here are the five things that we need to remember to minimize the impact of a police encounter.

1. Identity Information. If we are stopped or arrested by police, we must give them our identity information: name, birthdate, address, and phone number. Other than that, we do not have to answer any other police questions.

2. We have the right to remain silent. That means we do not have to give police any information about the case, and we do not have to answer any police questions without a lawyer there to defend us. To use our right to remain silent, we must clearly say “I will not talk. I want my lawyer.” Then, we shouldn’t say anything else and we shouldn’t ask any questions about the case. When we use our right to remain silent, the police cannot interrogate us.

3. We have the right to a lawyer. A defense lawyer can help us protect our right to remain silent. You can get a free lawyer for someone who is being held at a Chicago Police station twenty-four hours a day, seven days a week, by calling First Defense Legal Aid: 1-800-LAW-REP-4 / 1-800-529-7374. Anyone can call the Hotline on behalf of someone arrested by Chicago Police.

4. Never run away from police. Running makes us look more suspicious, and police might arrest us for resisting arrest even if we didn’t do anything else wrong. Also, police might use more force when they chase us and arrest us – we could get seriously hurt.

5. Never fight back against police. We never have the right to resist arrest, even when we believe it’s wrong. We can fight the case in court, not on the street. If we fight back against police, they might arrest us for aggravated battery, a felony case, even if we didn’t do anything else wrong. Also, police will use more force against us, and we could get seriously hurt.

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ARRESTING JUSTICE: A Report About Juvenile Arrests in Chicago 2009 & 2010

SECTION 3—MAP OF DISTRICTS AND COMMUNITY AREAS

29