Chapter 12-15 Flashcards
Standard Use for Guilt
-In Re Winship
~Sam Winship
Stealing money from a woman’s purse: $120
Gets caught and arrested
*Adults reasonable doubt
***Juvenile preponderance evidance
**It would not have stood up for reasonable doubt
***Supreme Court
**Have to use the same standard as adults
**Standard move towards reasonable doubt
-McKeiver v. PA (1975)
~Charged with robbery, burglary, and
*Stole 25 cents
**Request a jury trial, not a bench trial
*Trial went through a bench trial
**Was convicted
IT is not necessary for a juvenile to get a jury trial; if you want a jury trial, get tried as an adult (US Supreme Court Decision)
**A jury trial would destroy the essence of the character of the juvenile courts
** The 14th Amendment does not apply to juvenile courts
-Breed V. Jones
~Charged with armed robbery
Appears in LA court as a juvenile
That robbery and two other robberies
*After adjudication, the judge took it up to the adult court due to the lack of time he did
*Johns files a double jeopardy case
**Does it complete all the levels of the trial
***He can’t be waived to the adult court because it is equivalent to a trial
**You can waive a juvenile to the adult court, but not after the case decision ruling
**Can do it mid-case
-CASA: Court Appointed Special Advocate
~Not a Public Defender (defend the adult against the charges)
*What is best for the juvenile
**Mostly volunteers
~Guardian Ad Litum
-Schall V. Martin
~14 yr/o
*Robbery, assault, possession of a weapon
**Pistal whipped the person
Serious risk to public safety
**Supreme Court ruled that bail is necessary if public safety is in question
**Jail is not intended to be punishable
-
Right to Treatment
-Quid Pro Quo
~This for that
*Duty of legal exchange
**If you plead your case, there should be something in return (lesser sentence)
-Mentally Ill
~If they voluntarily give up their freedom (Quid)
~Treatment (Quo)
-Birnbaum MD
~It is the duty of the society to take care of them if they seek treatment by giving up their freedom
-Juvenile Delinquency
~Give up Due Process (Quid)
-Bobby Davis (adult case, but works for Quid pro Quo)
~Killed 4 Police Officers from a highway parol chase
*Member of the A. Brotherhood
~Correctional Officers smuggle in a gun
He tells the staff about the gun and takes the rounds
**He made the prison safer (Quid)
**They had to protect him from the AB (Quo)
**He sued the prison after getting shot by the make-shift arrow
-Morales v. Turman
-Wyatt v. Stickway
~Proper treatment
*Appropriate treatment provider per kids
*Experience and education in counseling for juveniles
*Kids have to have the right to counseling (group or individual)
*The environment has to be humane
Amendments
-
-14th Amendment
~Total Freedom
~Probation
~Parole
*Federal Probation
~Electric Confinement
~Boot Camps
~ISP
~Jail
~Prison
*Min
*Medium
*Max
*Super Max
*Solitary Confinement
~The 14th applies when you get closer to Prsion while losing freedoms
~Wolff v. McDonnell 1974
Walked a fine line between giving people and inmates rights
Finding contraband
*In the cell that you share
**Who is at fault from med -> D-Seg.
***Increase in punishment, less freedom, less exercise, the freedoms are being diminished
**You have to have DUE PROCESS RIGHTS when punishments increase
**NOT the same rights as a person on the outside
*Dispensary Hearing Officer (DHO)
**Hearing gets to call a witness
**Present Evidence
**CANNOT cross-examine the Correctional Officer
**DHO gets to make the final say
~Morrisey v. Brewer 1972
Change in liberty
**A person who is on parole or probation must receive a written notice
**The agency has to have the evidence for prosecution
**Opportunity to the right to be heard
**Cross-examine people
**NOT P.O. OR C.O.
**Have the right to a neutral person dispensary hearing the information
**Written statement to justice the case
~Penn v. Scott 19
*If they found evidence that did not protein to that case could revoke probation, but it could not be used in the court case
Victor D. Lofgreen
-Been an administration for prisons and professor
~Power Cycle in a Prison
Total lockdown
I
**Staff Dominant and Inmates are subjugated
**Needs inmates’ labor to function
II
**Staff is Dominant, and Inmates are necessary for function and labor
*Balance Point
*III
**Inmate Dominant, and Staff is a reactionary
**Does not like if the inmates have control through the jobs
**Trying to fight back to gain the power back
IV
**Inmate Dominant, and Staff is compromised
**Telling the staff what to do through the control
*Lock Down, and the cycle is restarted
Convict Code
-Convict
~Tend to take responsibility
-Inmate
~Tend to blame it on outside influences
-Never inform on another
~Snitched get stitches
-Mind your own business
-Don’t exploit your fellow convicts
~Us v. Them mentality
-Don’t cooperate with the authority
-Do your own time
-Be strong, be a man, accept your punishment without complaining
-Do NOT appear weak; appear strong
-Prisonised behaviors
~Make prison easy
~Makes getting out of prison harder
Death Penality
-Makes the process of execution less painful
~To kill you without unnecessary pain
