9-13 Flashcards
Dependency versus delinquency
Dep:children and youth who may be abused, neglected, truant or status offenders under the law.
Del: an act committed by a juvenile that is designated as a crime under the law.
Which Amendments of the Bill of Rights apply to juveniles
Right to counsel (6), freedom from self-incrimination(5), right to confront and cross-examine witness (6)
Intensive supervision
a control-based approach to community supervision (probation or parole)
offenders report more frequently to their supervision officers.
restorative justice
strategies that make the justice system a healing process rather than a punishment process.
Restitution
compensation for loss paid by a criminal to a victim that is ordered as part of a criminal sentence or as a condition of probation
Restitution can be made
Restitution can be made financially, through direct service to the victim, or through service to the community.
Diversion program
diversion programs redirect youthful offenders from the justice system through programming, supervision, and supports
Intermediate programs for juveniles
alternative paths to rehabilitation for non-violent offenders.
ex: electronic monitoring, house arrest, drug and alcohol testing, intensive supervision, community service
Goals of training schools
Through education at juvenile training schools, juveniles look at their own problems, improve and return to society
School drop out factors
bad grades/gpa, no support, social/family issues
In loco parentis re: schools
In the place of the parent; rights given to schools that allow them to assume parental duties in disciplining students
types of short-term confinement centers
Detention Centers
Shelter Care Facilities
Boot Camp
Reception & Diagnostic Centers
Ranches & Forestry Camps
Goals for juveniles being held
skill development, habilitation, rehabilitation, addressing treatment needs, and successful reintegration of youth into the community
A suspect’s age must be considered in determining whether a confession was freely given and whether they believed they were in custody.
J.D.B. v. North Carolina
in RE Winship
the amount of proof required in juvenile delinquency adjudications is “beyond a reasonable doubt”
established that a child has due process constitutional rights in delinquency adjudication proceedings
In re gault
trial by jury in a juvenile court’s adjudicative stage is not a constitutional requirement
mckeiver v. PA
school does not violate the Fourth Amendment when it chooses to randomly test children participating in its athletic programs for controlled substances.
Vernonia School District 47J v. Acton
Safford Unified School District v. Redding
strip search of teenagers violated 4th amendment because lack of probable cause
the student’s speech “foreseeably create[d] a risk of substantial disruption within the school environment,” which in that case allowed the school to regulate off-campus speech.
Doninger v. Nichoff
Gregg v. Georgia
This case established a constitutional basis for the death penalty, but also established limits to how it could be carried out.
established the standard of reasonableness for searches of students conducted by public school officials in a school environment.
NJ v. TLO
Breed v. Jones
the Supreme Court ruled that juveniles are protected against double jeopardy.
established ground rules for determining whether a juvenile has knowingly and voluntarily waived his or her rights.
Fare v. Michael C.
List six of the drugs that high-risk juveniles use
marijuana and hashish
cocaine and crack
alcohol and tobacco
methamphetamine
inhalants
sedatives
stimulants (amphetamines and hallucinogens)
heroin
anabolic steroids
gateway drugs
Types of crimes youths likely to commit when using drugs
commit property and violent crimes,
robberies/assaults and felony thefts/drug sales
Addiction-prone personality theory
Research has discovered a link between genetics and someone’s ability to have an addictive personality.
House Arrest v. Electronic Monitoring
HA: You cannot leave the house without permission. A piece of equipment is attached to you that lets your probation officer know if you leave your house.
EM: an electronic device which tracks your movement, such as a GPS. You can go about a city but it will identify every place you are.
What rights do juveniles have while institutionalized?
a.. Right to treatment
b. The right not to be treated c. The right to be free from cruel & unusual punishment
d. Right of access to the courts
Who is the likely resident of a juvenile facility?
male, 16/17 year-old, violent offense
Identify and explain the duties of a juvenile probation officer
a. Supervision
b. Case load management
c. Intake
d. Provide reports to the courts
e. Probation – provide direct counseling and casework services while allowing juveniles to remain in the community while subject to certain conditions set by the court.
Predisposition report
personal assessment of a youth’s social history, with recommendations tailored to meet the individual’s needs and situation.
Aftercare revocation
When a child violates the terms of their aftercare, it is possible to have a revocation hearing/have it revoked.
Community-based Programming – what it is and types of day programs
Community-based programs seek to address delinquent behavior by relying on community resources and support networks, aided by therapy or education.
(1) day treatment programs; (2) group homes; and (3) wilderness programs.
The Juvenile Justice Process
starts with Police Investigation, Detention, Pretrial Procedures, Adjudication, Disposition, ends with Treatment
Common Juvenile Dispositions
Fines
Community service
Restitution
In-home probation
Electronic monitoring
Group home placement
Secure detention
Indeterminate v. Determinate sentences
is:Does not specify the length of time the juvenile must be held
ds:Specifies a fixed term of detention that must be served.
Judicial waiver
Transferring legal jurisdiction over the most serious and experienced juvenile offenders to the adult court for criminal prosecution.
Revocation hearing is a
A revocation hearing is a court hearing before a judge in which the judge decides whether to revoke your probation or your parole. If you are revoked, you face serious jail time.
why youths do drugs
Social disorganization
Peer pressure
Family factors
Genetic factors
Emotional problems
Problem behavior syndrome
Rational choice
effective community based programs
destroying resistance, obtaining greater citizen involvement in community-based programs, developing a broader continuum of services in the community for juveniles who need such services.
Guardian ad litem
A court-appointed attorney who protects the interests of the child in cases involving the child’s welfare.
Public Defender
An attorney who works in a public agency or under private contractual agreement as defense counsel to indigent defendants.
Juvenile Defense Attorney
Represents children in juvenile court and plays an active role at all stages of the proceedings.
the Prosecutor
Government attorney responsible for representing the interests of the state and bringing the case against the accused juvenile.
Juvenile Court Judge
A judge elected or appointed to preside over juvenile cases whose decisions can only be reviewed by a judge of a higher court.
since the 1980s, school shootings have ___
since the 1980s, school shootings have increased
possible causes for shootings
lack of support from peers, parents, teachers
possible shooter profile
someone who has experienced mental anguish, extreme depression/desperatness, motived by revenge, mapping out/Escalation process
school resource officers
retired police officers/officers assigned to schools, designed to work with schools to encourage students not to engage in violent behavior.
there to react and deal with bad situations
ferpa
Family Educational Rights and Privacy Act
college: restricts disclosure about students Educational records to parents
K-12: restricts disclosure of juvenile Educational records with parental consent
drug and alcohol use escalates bc ____
drug and alcohol use escalates bc peer pressure
Community based program real examples
pal: police athlectic league- police engage with kids in extracurriculars to keep kids out of trouble
boys and girls club:
DARE
delinquency has corelation with
delinquency has corelation with lack of self control/impulsivity
abuse vs neglect
A: harming a child or putting a child at risk of harm
N: failure of a parent or caregiver to provide proper care for a child
bifurcated process
when court process is split into 2 days
detention hearing
a determination as to whether the child remains in custody or gets released to parent.
Who makes a motion for decertification?
A qualified Pennsylvania criminal defense attorney
who makes a motion for certification
the District Attorney’s Office
juveniles make up __ percent of violent crimes
10-15 percent
what is casa
court appointed special advocates: indivduals who volunteer with court system for child placement
Possibilities for intake process
hearing, child either goes home, is sent to diversion. program, adjudcatory hearing, held until matter is resolved
resources judges have
can send juveniles to facility that helps treat them.
petiton is considered
the complaint.
identifys everything the DA knows so defense can prepare for trial
rights of juveniles
trial charges brought against them, right to an attorney, confront witnesses, No self incrimination, dont have to confess, transcript of trial, appear for appeal
roper vs simmons
death penality under 18 is illegal
juvenile cannot have life without parole for non homicides
graham v. florida
