a separate juvenile system (q2)

Question 1

justifications for punishment (5)

Answer 1

retribution
deterrence
incapacitation
restoration
rehabilitation

Question 2

language & terminology

Answer 2

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

Question 3

due process rights given to juveniles

Answer 3

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

Question 4

due process rights not given to juveniles

Answer 4

• bail
• jury trial

Question 5

why do juvenile courts not have all due process rights

Answer 5

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

Question 6

why due process was expanded

Answer 6

Warren court expanded due process, including juveniles

Question 7

In Re Gault (1967)

Answer 7

• 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

Question 8

In Re Winship (1970)

Answer 8

• applied evidentiary standard BAR to juvenile cases

Question 9

McKiever v. Pennsylvania (1971)

Answer 9

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

Question 10

the ‘get tough’ period

Answer 10

• 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

Question 11

Juvenile Justice and Delinquency Prevention Act (1974) JJDPA

Answer 11

• 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

Question 12

JJDPA mandates

Answer 12

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

Question 13

Roper v. Simmons (2005)

Answer 13

no death penalty for crimes committed when a juvenile

Question 14

Graham v. Florida (2010)

Answer 14

no life without parole for juveniles who did not kill someone

Question 15

Miller v. Alabama (2012)

Answer 15

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

Question 16

Montgomery v. Louisiana (2016)

Answer 16

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

Question 17

Jones v. Mississippi (2021)

Answer 17

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