a separate juvenile system Flashcards

1
Q

justifications for punishment (5)

A

retribution
deterrence
incapacitation
restoration
rehabilitation

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2
Q

language & terminology

A

JJS has unique terminology to distinguish from adult system
- less stigmatizing & helpful to rehabilitation

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3
Q

due process rights given to juveniles

A
  • counsel (‘67)
  • confont witness
  • protect from self-incrimination
  • charges proven ‘BAR’ (‘70)
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4
Q

due process rights not given to juveniles

A
  • bail
  • jury trial
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5
Q

why do juvenile courts not have all due process rights

A

less formal design means less due process protection
separate system, separate rights
rehabilitative basis vs. adversarial process

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6
Q

why due process was expanded

A

Warren court expanded due process, including juveniles

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7
Q

In Re Gault (1967)

A
  • juvenile defendants have the right to hearings that follow formal procedures
  • juveniles cannot be institutionalized without evidnece of delinquent conduct
  • juveniles have the right to counsel
    shift from ‘young person in need of defending’ to ‘young person who is a criminal
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8
Q

In Re Winship (1970)

A
  • applied evidentiary standard BAR to juvenile cases
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9
Q

McKiever v. Pennsylvania (1971)

A
  • juveniles are not entitled to a trial by jury in juvenile court proceedings
  • left the decision up to the states
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10
Q

the ‘get tough’ period

A
  • growth of superpredator myth meant transfers to adult court were increasingly common
  • SCOTUS allowed preventative detention & no longer guaranteed anonymity for juveniles
    punishing juveniles like adults but not giving them adult rights
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11
Q

Juvenile Justice and Delinquency Prevention Act (1974) JJDPA

A
  • limited power of juvenile court to handle troubled/neglected youth
    – de-institutionalization & reducing institutionalization for status offenses
  • states had to abide by 4 mandates for federal funding
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12
Q

JJDPA mandates

A
  • deinstitutionalization of status offenses (24h max)
  • adult jail & lockup removal
  • sight & sound separtion of adults & juveniles
  • reduction of disproportionate minority confinement
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13
Q

Roper v. Simmons (2005)

A

no death penalty for crimes committed when a juvenile

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14
Q

Graham v. Florida (2010)

A

no life without parole for juveniles who did not kill someone

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15
Q

Miller v. Alabama (2012)

A

outlawed mandatory life without parole sentenfes for juveniles
“diminished culpability and heightened capacity for change”
“unfortunate immaturity” vs. “rare irreparable corruption”

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16
Q

Montgomery v. Louisiana (2016)

A

the Miller v. Alabama ban on mandatory life without parole needed to be applied retroactively, new hearings to determine parole eligibilitiy

17
Q

Jones v. Mississippi (2021)

A

judges do not have to make a determination that juveniles are “permanently incorrigible” to sentence them to life without parole