Chapter 14- Juvenile Justice

Question 1

What is parens patriae?

Answer 1

When the state intervenes (becomes a juvenile’s parent); happens when juveniles commit crimes, are independents, are neglected, etc.

Question 2

What are the usual causes of youth crime?

Answer 2

Gangs, guns, and drugs

Question 3

What is the Juvenile Court period (1899-1960)?

Answer 3

-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

Question 4

What are the four major elements of the Illinois Juvenile Court Act (1899)?

Answer 4

1. Separate court for delinquent, dependent, and neglected children
2. Special legal procedures that were less adversarial the adult system
3. Separation from adults in the justice system
4. Probation programs to help courts in deciding what’s best for the state and child

Question 5

What is the Juvenile Rights period (1960-1980)?

Answer 5

-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)

Question 6

What is the Crime Control period (1980-2005)?

Answer 6

-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)

Question 7

What is the “Kids are different” period (2005-present)?

Answer 7

-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)

Question 8

What is the Juvenile Justice and Delinquency Prevention Act (1974)?

Answer 8

Calls for deinstitutionalization of juveniles who commit status offenses

Question 9

What is the upper age limit for original juvenile court jurisdiction? What is Maryland’s?

Answer 9

-Between 15-17
-17 (If under 17 and commit serious crime, can be charged as an adult)

Question 10

What is a waiver?

Answer 10

The transfer to the adult system

Question 11

Define these terms: Delinquent, PINS, neglected child, dependent

Answer 11

-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

Question 12

How do the police process juveniles?

Answer 12

-Can be held in custody/detained/referred to court/returned home

Question 13

How do courts process juveniles?

Answer 13

1. Initial hearing
2. Detention hearing
3. Waiver hearing
4. Adjudication: Guilty/Not guilty
5. Disposition: Hearing to decide what action should to be taken next

Question 14

How do corrections process juveniles?

Answer 14

Rehab, probation, custodial care, after care

Question 15

What was Kent v US (1996) about?

Answer 15

If a juvenile was to be transferred to the adult system, they’d receive due process

Question 16

What was in re Gault about?

Answer 16

Juveniles have due process rights (the right to counsel, to confront/examine accusers, and to have notice of charges)

Question 17

What was in re Winship about (1970)?

Answer 17

Reasonable doubt applies to juvenile proceedings

Question 18

What was McKeiver v. Pennsylvania
(1971) about?

Answer 18

Juveniles do not have a constitutional right to a trial by a jury

Question 19

What was Breed v Jones (1995) about?

Answer 19

Juveniles are protect against double jeopardy (cannot be transferred to adult court without a hearing on the transfer)

Question 20

What was Schall v Martin (1984) about?

Answer 20

Juveniles could be held in a detention facility if feared to be a threat (prior to court hearing)

Question 21

What was Roper v Simmons (2005)?

Answer 21

The death penalty is unconstitutional for juveniles who committed a crime under 18

Question 22

What was Graham v Florida (2010)?

Answer 22

Juveniles can’t be sentenced to life without parole for a non-homicidal offense

Question 23

What was Miller v Alabama (2012) about?

Answer 23

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