Chapter 13: Juvenile Justice

Question 1

Stubborn Child Law

Answer 1

In Massachusetts in the 1600s the “Stubborn Child Law” was enacted which called for the death penalty to be applied to male children who did not obey their parents.

Question 2

Progressive Era

Answer 2

Between 1880 and 1920, which was known as the progressive era in the U.S., there were significant increases in the number of immigrants coming into the country which was part of the cause of surging populations in urban areas. Due to this rapid growth, one result was a large number of impoverished children roaming the streets without supervision or guidance and many fell into criminal behavior.

Question 3

During the progressive era, three different types of facilities for juveniles began to emerge in the U.S.

Answer 3

1. Houses of Refuge
2. Reformatories
3. Facilities for female juvenile offenders

Question 4

Parens patriae

Answer 4

Parens patriae is a common law belief that permits the government or the state to intervene on the behalf of children for several reasons:

1. To protect children from abusive parents, caretakers or legal guardians
2. To act as the parent for children lacking adequate and proper care
3. To act in the best interest of the child

Question 5

Kent vs United States (1966)

Answer 5

The thrust of this decision was that juveniles must receive due process prior to juvenile authorities waiving cases to the adult court system.

Question 6

In Re Gault (1967)

Answer 6

In the Gault case, the decision was made by the U.S. Supreme Court that those charged in juvenile court with delinquency offenses are entitled to the due process guarantees that adults receive when they are accused of crimes including the right to legal counsel and the right to confront witnesses.

Question 7

In Re Winship

Answer 7

Winship appealed his case and the U.S. Supreme Court ruled that the reasonable doubt standard must be applied in all criminal cases for both juveniles and adults.

Question 8

Types of Juvenile Cases

Delinquency Cases

Answer 8

These cases involve juveniles who have committed actions that would be considered criminal if they were adults. There are substantial differences between the punishment and procedure for juveniles and adults accused of criminal activity. In the case of juveniles, the focus is towards rehabilitation and to avoid long-lasting negative effects.

Question 9

Types of Juvenile Cases

Dependency Cases

Answer 9

These types of cases focus on the safety and well-being of children regarding incidents of neglect, abuse or being abandoned by parents or guardians. Most of these types of cases, specific to juvenile victims, are handled in family court settings.

Question 10

Types of Juvenile Cases

Status Offense Cases

Answer 10

Cases of this nature relate to juveniles, specifically, whose actions, if they were adults, would not be considered a criminal violation. Examples of status offenses include truancy, curfew violations, underage drinking, running away from home, etc.

Question 11

Police Options with Juveniles

Answer 11

Verbal or Written Warning: In certain situations it is acceptable for police officers to briefly detain juveniles, issue either a verbal or written warning and then release them from custody. This method is sometimes referred to as being warned or advised and released.

Detain the juvenile: Police officers have the discretion, in certain circumstances, to detain a juvenile, issue a verbal or written warning, and subsequently release them to the custody of their parents or a guardian.

Make a Referral: In some cases police officers will keep a juvenile offender in custody and make a direct referral to the juvenile court.

Question 12

Case considerations for juvenile prosecutors or intake officers include

Answer 12

Offense severity
Age of the juvenile
Criminal / delinquent history of the juvenile
Amount and strength of evidence
Gender of the juvenile
Social history of the juvenile
Parents ability to control the juvenile’s behavior.

Question 13

Juvenile Case Breakdown

Answer 13

20% of referred cases are dismissed

25% of cases are dealt with informally

55% of cases are run through the formal procedure

Question 14

Informal Hearing Conditions for Juveniles

Answer 14

Attend a presentation or lecture that is offense appropriate
Go through a counseling program
Take classes after school
Make restitution to the victim for any damages incurred
Pay any court ordered fines or fees
Complete a specified amount of community service
Be placed on probation.

Question 15

Juvenile Court Options

Answer 15

A plea agreement can be entered by the juvenile

Judges can divert the case

Adjudicatory hearing

Question 16

Juvenile Disposition Options

Answer 16

Incarceration in a detention center for juveniles

Restitution to the victim

A period of probation

Court ordered counseling

Question 17

True or False, today, juveniles and adults who are incarcerated can still be kept together in the same facilities.

Answer 17

False

Question 18

The main purpose of the farm at the industrial school for juveniles was to?

Answer 18

Feed the juveniles at the school

Question 19

According to In Re Gault, which of the following is NOT one of the constitutional issues that was raised?

Answer 19

Right to reasonable bail

Question 20

In New Jersey v TLO, the argument at the heart of the case was freedom versus order.

Answer 20

True

Question 21

Based on New Jersey v TLO, the threshold for searches on school property is?

Answer 21

Reasonable Suspicion

Question 22

Studies in neuroscience indicate that the human brain continues to develop up to the age of?

Answer 22

25

Question 23

Youth are more responsive to?

Answer 23

Rewards

Question 24

Match the terms used for juvenile offenders with those used for adult offenders

Answer 24

Adjudication ---> Conviction
Adjudication hearing ---> Trial
Aftercare ---> Parole
Commitment ---> Prison sentence
Delinquent Act ---> Crime
Detention ---> Confinement in jail
Disposition ---> Sentence

Question 25

Marsha Levick discusses four 2012 landmark court decisions regarding juveniles and their due process rights, which of the following is NOT one of them?

Answer 25

Requires reasonable bail