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SOC 3410 > Chapter 13 > Flashcards

Chapter 13 Flashcards

1
Q

An independent juvenile court is a specialized court for

A

children

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2
Q

An independent juvenile court promotes …and ensures procedural due process and acts both in the best interest of the…and…

A

rehabilitation; child; public protection

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3
Q

In 2011, approximately…delinquent cases were referred to juvenile court

A

1.236 million

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4
Q

…of delinquent cases involve males; …involved females

A

72%; 19%

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5
Q

…of delinquent cases involved African American youth

A

33%

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6
Q

Courts must provide counsel to…who face the possibility of incarceration

A

indigent youth

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7
Q

Role of defense attorney is to

A

help clarify jurisdictional problems, decide if there is sufficient evidence to file formal petition, outline position, explore informal adjustment opportunities, play critical role in disposition and pursue appeals if needed

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8
Q

Guardian ad litem (GAL)

A

A court-appointed attorney who protects the interests of the child in cases involving the child’s welfare.

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9
Q

Guardian ad litem (GAL) is seen in

A

abuse, neglect, and dependency cases

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10
Q

Guardian ad litem is appointed in delinquency cases if there is a need for

A

treatment

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11
Q

Court Appointed Special Advocates (CASA) are volunteers who:

A

advise court about child placement

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12
Q

Three ways to ensure public defense for juveniles:

A

All public defender program
Appointed private-counsel system
A combination of the two

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13
Q

The prosecutor is responsible for…and has the power to…

A

bringing state’s case against accused juvenile; to initiate or discontinue delinquency or status offenses cases

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14
Q

Juvenile court judge is the…character in the juvenile court

A

central

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15
Q

Parens patriae

A

The power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent.

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16
Q

Duties of a juvenile court judge include:

A

Ruling on pretrial motionsDeciding about continued detention of juvenile Accepting or rejecting plea-bargaining agreementsHandle trials, rule on evidence/procedures, guide questioning of witnessesAssume responsibility for holding disposition hearing Handle waiver proceedingsHandle appeals when needed

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17
Q

Many decisions are made during the pretrial process and the juvenile trial and disposition:

A

Whether to waive youths to the adult courtWhether to treat them in the community or send them to a secure treatment center

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18
Q

The attorney for the social services agency presents an overview of the case, and a plea bargain or negotiated settlement can be agreed to in a consent decree.

A

pretrial conference

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19
Q

The social service agency presents its case plan and recommendations for care of the child and treatment of the parents, including incarceration and counseling or other treatment.

A

disposition hearing

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20
Q

After custody and formal petition, the decision must be made to

A

release or detain

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21
Q

Detention involves placing juvenile in

A

temporary care of state in a physically restrictive setting

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22
Q

Detention is limited to juveniles who require

A

secure custody for protection of self or others

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23
Q

Dependent, neglected, and abused youths are often housed with

A

status offenders and delinquents in detention

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24
Q

Current efforts seek to remove status offenders from

A

secure detention

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25
Q

A New Jersey study found that..of detained youths were inappropriately detained

A

¼

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26
Q

…in…juvenile arrests result in detention

A

one in five

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27
Q

The typical detainee is

A

MaleOver 16 Charged with violent crime

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28
Q

Detention increases risk of being

A

adjudicated

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29
Q

…youths are more likely to be detained, especially if they are from lower-class areas

A

Minority

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30
Q

To detain, there must be clear evidence of probable cause that the

A

child has committed the offense and will flee if not detained

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31
Q

Juvenile Justice and Delinquency Prevention Act (JJDPA 1974)

A

Prohibits detention of juveniles in adult jails and lockupsProhibits the detention of status offenders in secure confinement

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32
Q

Juveniles in most states…have constitutional right to bail

A

do not

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33
Q

Preventative detention is allowed per

A

Schall vs. Martin (June 4, 1984)

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34
Q

preventive detention

A

Keeping the accused in custody prior to trial, because the accused is suspected of being a danger to the community.

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35
Q

Screening of cases by juvenile court system determines whether

A

Determine whether juvenile court services are needed

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36
Q

Sending the youth home with no further action Diverting the youth to a social agencyPetitioning the youth to juvenile courtDetaining the youth

A

Common actions in the intake process

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37
Q

Problems with intake:

A

Lacks consistency regarding the formal criteria for processing

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38
Q

Legal issues in the intake process:

A

Whether the child has a right to counselWhether the child is protected against self-incrimination To what degree the child needs to consent to nonjudicial disposition

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39
Q

Intake dispositions are often determined by…rather than the seriousness of the crime or social background of the child

A

the prior record

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40
Q

…has been shown to influence intake decisions

A

race

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41
Q

Diversion (juvenile)

A

the process of placing youths suspected of law-violating behavior into treatment programs prior to formal trial and disposition to minimize their penetration into the justice system and thereby avoid stigma and labeling

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42
Q

Youths chosen for the diversion program are usually

A

first-time nonviolent offenders, status offenders, drug or alcohol-dependent youths

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43
Q

“widening the net”

A

Phenomenon that occurs when programs created to divert youths from the justice system actually involve them more deeply in the official process.

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44
Q

Critics argue that juvenile diversion is ineffective and includes

A

“widening the net”

45
Q

Petition

A

a formal complaint that initiates judicial action against a juvenile charged with delinquency or a status offense

46
Q

If a child does not admit to any of the facts in the petition, then a date is set for a hearing and a

A

predisposition report will be prepared

47
Q

Plea bargaining involves

A

exchange of concessions for guilty pleas, usually resulting in a reduced charge

48
Q

…% of all adult defendants plead guilty

49
Q

Plea bargaining is less common in juvenile courts due to

A

lack of incentive

50
Q

Plea bargain must be entered into

A

voluntarily and knowingly

51
Q

All states allow juveniles to be tried as adults in one of the three ways:

A 
Concurrent jurisdiction 
Statutory exclusion: 
       Accounts for the largest number of 
         juveniles tried as adults
Judicial waiver
52
Q

Concurrent jurisdiction

A

In 14 states and the District of Columbia, the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court.

53
Q

Statutory exclusion

A

In 29 states, certain offenses are automatically excluded from juvenile court. These offenses can be minor, such as traffic violations, or serious, such as murder or rape. Statutory exclusion accounts for the largest number of juveniles tried as adults.

54
Q

Judicial waiver

A

In the waiver (or bind over or removal) of juvenile cases to criminal court, a hearing is held before a juvenile court judge, who then decides whether jurisdiction should be waived and the case transferred to criminal court. Forty-four states and the District of Columbia (not Connecticut, Massachusetts, Montana, Nebraska, New Mexico, or New York) offer provisions for juvenile waivers

55
Q

Kent vs. U.S. (1966)

A

States must provide a legitimate transfer hearing
Sufficient notice must be given to the child’s family and defense attorney
The child has the right to counsel
There must be a statement of the reason for the court order regarding transfer

56
Q

Breed vs. Jones (1975)

A

Prohibits trying a child in an adult court when there has been a prior adjudicatory juvenile proceeding

57
Q

Cons of transferring children to adult court:

A

Juveniles, particularly younger ones, may not be competent to be tried as adults
Waiver can also create long-term harm Waivers don’t always support the goal of increased public protection
Transfers are not always fair and equitable

58
Q

Pros of transferring juveniles to adult court:

A

Coincides with the “get-tough” policyWaiver is superior to alternative methods for handling the most serious juvenile offendersIts continued use can be attributed to concerns about the most serious and violent youth offenders

59
Q

Three possible resolutions of hearing:

A

Finding that the juvenile is not delinquent/in need of supervision Finding that juvenile is delinquent/in need of supervision
Dismissal of case due to insufficient evidence

60
Q

In re Gault (1967)

A

Notice of charges, right to counsel,right to confront/cross examine witnesses, privilege against self incrimination, right to transcript, right to appellate review

61
Q

McKeiver v. Pennsylvania (1971):

A

Jury trial in juvenile courts is not a constitutional requirement

62
Q

In the sentencing phase of juvenile court, decisions are based on the best interest of

63
Q

Predisposition report

A

Developed by the juvenile probation officer, this report includes clinical diagnosis of the juvenile and the need for court assistance, relevant environmental and personality factors, and other information to assist the court in developing a treatment plan.

64
Q

Predisposition report is critical at the sentencing phase because:

A

It helps the judge decide which disposition is best
It aids the juvenile probation officer in developing suitable treatment programs It helps the court develop a body of knowledge about the child that can aid others treating the child

65
Q

A graduated sanction program includes:

A

Immediate sanctions, intermediate sanction, secure care

66
Q

determinate sentence

A

Specifies a fixed term of detention that must be served.

67
Q

indeterminate sentence

A

Does not specify the length of time the juvenile must be held; rather, correctional authorities decide when the juvenile is ready to return to society.

68
Q

Disposition (sentencing) is based on the need of the…and aims for the…

A

child; least detrimental alternative

69
Q

Disposition can include

A

Least detrimental alternative Indeterminate sentence

Determinate sentence
Mandatory sentence
For serious juvenile offenders

70
Q

Roper v. Simmons (2005)

A

Found it unconstitutional for juveniles under 18 to be sentenced to death
Found to be a violation of Eighth Amendment protection against cruel and unusual punishment

71
Q

Past cases addressing the issue of death penalties:

A

Thompson v. Oklahoma (1988)
Wilkins v. Missouri (1989)
Stanford v. Kentucky (1989)

72
Q

Graham v. Florida (2010)

A

Ends the practice of LWOP for juveniles convicted of non-homicide crimes

73
Q

LWOP

A

Life Without Parole

74
Q

final order

A

Order that ends litigation between two parties by determining all their rights and disposing of all the issues.

75
Q

The child’s right to appeal is restricted to cases involving

A

final order

76
Q

In re Gault bestowed this right upon juveniles

A

allows juveniles the opportunity to have the court review their case

77
Q

Direct appeal normally involves an appellate court review to determine whether,

A

based on the evidence presented at the trial, the rulings of law and the judgment of the court were correct.

78
Q

Today most jurisdictions provide juveniles with some form of appeal:

A

direct appeal, collateral review

79
Q

In a _______________________, a hearing is held before a juvenile court judge who then decides whether jurisdiction should be waived and the case transferred to the adult court.

A

judicial waiver

80
Q

What type of sentences are defined by a statutory requirement that states the penalty to be set for all cases of a specific offense?

A

Mandatory sentences

81
Q

What U.S. Supreme Court case articulated the basic requirements of due process that must be satisfied in juvenile court proceedings?

A

In re Gault

82
Q

Gerald is 16 years old and is on trial for a double homicide in a criminal court. In the state where he was charged, the prosecutor decides what court to file charges.

What U.S. Supreme Court case ended the practice of the death penalty for juveniles?

A

Roper v. Simmons

83
Q

What are some of the duties of the prosecutor?

A

Decide whether to waive a case to adult court, represents the interests of the state, initiate or discontinue delinquency or status-offense allegations

84
Q

Which court is a specialized court for children, designed to promote rehabilitation of youth in a framework of procedural due process?

A

Independent juvenile court

85
Q

What percent of juvenile cases involve African American youth?

A

33 percent

86
Q

Research has revealed that juveniles who commit felonies and who are represented by an attorney are more likely to _____.

A

receive out-of-home placement

87
Q

One of the key problems associated with the juvenile justice system is _____.

A

inadequate representation

88
Q

How many states use more than one court to process juvenile cases?

89
Q

For which offense type are juveniles most likely to be detained?

A

Violent offenses

90
Q

What is typically the maximum length of time that children are held in a detention facility or shelter-care unit without a formal petition being filed?

91
Q

In mandating the separation of juvenile offenders from adult offenders, how does the Office of Juvenile Justice and Delinquency Prevention define separation?

A

As the condition in which juvenile detainees share facilities that do not allow contact or shared programs or staff

92
Q

Which term refers to the process during which a juvenile is kept in custody prior to trial because the accused is suspected of being a danger to the community?

A

Preventive detention

93
Q

Between 1994 and 2011, the number of cases waived to criminal court _____.

A

decreased 59 percent

94
Q

Which type of waiver gives the prosecutor the discretion of filing charges for certain offenses in either juvenile or criminal court?

A

Concurrent jurisdiction

95
Q

In which case did the court determine that a child should be granted the protection of the double-jeopardy clause of the Fifth Amendment after being tried as a delinquent in juvenile court?

A

Breed v. Jones

96
Q

Which amendment to the U.S. Constitution addresses due process?

A

Fourteenth

97
Q

Among the details of the In re Gault case, what was one of the rights granted juveniles?

A

The right to counsel

98
Q

What is the purpose of the predisposition report?

A

To gather knowledge of the child’s needs to be used in the disposition and treatment

99
Q

Which disposition results in an agreement for treatment following an informal hearing?

A

Informal consent decree

100
Q

Which sentencing structure does not specify the length of time the juvenile must be held?

A

Indeterminate sentencing

101
Q

The order that ends litigation between two parties by determining all their rights and disposing of all the issues is called a _____.

A

final order

102
Q

In which case did the court decide that any youth under age 16 could not be sentenced to death?

A

Thompson v. Oklahoma

103
Q

In which case did the court stop the practice of life sentences without the possibility of parole for juveniles convicted of non-homicide crimes?

A

Graham v. Florida

104
Q

For the first 60 years of its existence, the juvenile court did not include a _____ because the concept of an adversary process was seen as inconsistent with the philosophy of treatment.

A

prosecutor

105
Q

Although adults retain this right via the Eighth Amendment to the Constitution, most states refuse juveniles the _____.

A

right to bail

106
Q

Juveniles are most likely to be transferred to criminal court if they have _____.

A

injured someone with a weapon

107
Q

What is the standard of proof used in juvenile court?

A

Beyond a reasonable doubt

108
Q

Instead of appealing the juvenile trial because of errors, prejudice, or lack of evidence, _____ uses extraordinary legal writs to challenge the lower-court position.

A

collateral attack

SOC 3410 (10 decks)

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