Chapter 14- Juvenile Justice Flashcards
What is parens patriae?
When the state intervenes (becomes a juvenile’s parent); happens when juveniles commit crimes, are independents, are neglected, etc.
What are the usual causes of youth crime?
Gangs, guns, and drugs
What is the Juvenile Court period (1899-1960)?
-Reformers wanted to save children from life of crime
-Illinois Juvenile Court Act (1899) established creation of juvenile system
-By 1925, all states had juvenile system
What are the four major elements of the Illinois Juvenile Court Act (1899)?
- Separate court for delinquent, dependent, and neglected children
- Special legal procedures that were less adversarial the adult system
- Separation from adults in the justice system
- Probation programs to help courts in deciding what’s best for the state and child
What is the Juvenile Rights period (1960-1980)?
-Increased legalization of juvenile law
-Kent v US (1996)
-In re Gault (1970)
-In re Winship (1971)
-Breed v Jones (1975)
-Juvenile Justice and Delinquency Prevention Act (1974)
What is the Crime Control period (1980-2005)?
-Concern for victims; punishment for committing serious crimes; transfer to adult court for serious crimes; protection of children from physical and sexual abuse
-Schall v Martin (1984)
What is the “Kids are different” period (2005-present)?
-Elimination of death penalty for juveniles; focus on rehab; states increasing age of transfer to adult court
-Roper v. Simmons (2005)
-Graham v. Florida (2010)
-Miller v. Alabama (2012)
What is the Juvenile Justice and Delinquency Prevention Act (1974)?
Calls for deinstitutionalization of juveniles who commit status offenses
What is the upper age limit for original juvenile court jurisdiction? What is Maryland’s?
-Between 15-17
-17 (If under 17 and commit serious crime, can be charged as an adult)
What is a waiver?
The transfer to the adult system
Define these terms: Delinquent, PINS, neglected child, dependent
-Delinquent: Juvenile
-PINS: Persons in need of supervision
-Neglected child: A child who is receiving inadequate care
-Dependent child: A child who has no parent/guardian or a parent who can’t give proper care
How do the police process juveniles?
-Can be held in custody/detained/referred to court/returned home
How do courts process juveniles?
- Initial hearing
- Detention hearing
- Waiver hearing
- Adjudication: Guilty/Not guilty
- Disposition: Hearing to decide what action should to be taken next
How do corrections process juveniles?
Rehab, probation, custodial care, after care
What was Kent v US (1996) about?
If a juvenile was to be transferred to the adult system, they’d receive due process
What was in re Gault about?
Juveniles have due process rights (the right to counsel, to confront/examine accusers, and to have notice of charges)
What was in re Winship about (1970)?
Reasonable doubt applies to juvenile proceedings
What was McKeiver v. Pennsylvania
(1971) about?
Juveniles do not have a constitutional right to a trial by a jury
What was Breed v Jones (1995) about?
Juveniles are protect against double jeopardy (cannot be transferred to adult court without a hearing on the transfer)
What was Schall v Martin (1984) about?
Juveniles could be held in a detention facility if feared to be a threat (prior to court hearing)
What was Roper v Simmons (2005)?
The death penalty is unconstitutional for juveniles who committed a crime under 18
What was Graham v Florida (2010)?
Juveniles can’t be sentenced to life without parole for a non-homicidal offense
What was Miller v Alabama (2012) about?
Juveniles can’t be sentenced to mandatory life without parole for a homicidal offense; judge has to determine whether or not the sentence is appropriate
