NCJ Number
161150
Date Published
1996
Length
16 pages
Annotation
After profiling the use of the police caution in England, this paper explores barriers to its transfer to the United States and discusses the policy implications of such a transfer for both juveniles and adult offenders.
Abstract
Under the Children's and Young Person's Act of 1969, the British police have authority to caution juveniles in lieu of formal court processing. This is done after a police investigation of the charged offense and meetings with the juvenile and the parents. A caution can only be administered if the juvenile admits the offense, if the parents agree that the juvenile should be cautioned, and if the complainant or victim is willing to leave the decision to the police. A caution is administered to the juvenile in the presence of the parents at the police station by a senior officer in uniform. The juvenile is warned about his/her future and reminded of the likelihood that he will appear in court if he/she offends again. Although existing research does not show the unequivocal effectiveness of the caution, British officials have begun using it with certain adult offenders, including the elderly or infirm, young adult first offenders, and the handicapped. Cautions are reserved for first-time offenders who have committed petty crimes. The authors conclude that the only barrier to the use of the caution in the United States is the public's willingness to accept it as a disposition in a climate of "getting tough" with criminals. The caution should be reserved for young first-time offenders who have committed minor offenses and for elderly offenders. The use of the caution as an additional method of case disposition could help alleviate some of the burden currently on court systems and prove more cost-effective than the court processing of such cases. 3 notes and a 54-item bibliography