Chapter 17 Flashcards
Percentage of females that make up juvenile arrests?
4 times less than men, less than 50% probably close to 30
Is it true that the epidemic of youth violence occurred at the same time as drug arrests in the US?
Yes
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Are youth gangs today more or less of a problem than they once were?
More
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Where did the idea that children should be treated differently than adults originate from?
English common law and chancery courts
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Know the Roper v Simmons case?
No death penalty for offenders who commit a murder while younger than 18
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Know what truancy is?
When someone skips school or doesn’t go without a reason
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Have juveniles always retained due process rights in the US?
No
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What is the standard of proof for juveniles?
Beyond a reasonable doubt
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Know what a status offense is?
Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult
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Know what is meant by the juvenile rights period?
This is the period from 1960 to 2005 where juvenile rights were expanded due to increased “legalization” of juvenile law.
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Know the term parens patriae?
The state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves
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Can a juvenile waive their right to counsel or protection against self-incrimination?
Juveniles can, only if the judge considers the entire situation and determines the juvenile did it voluntarily and understand what they are doing.
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What are the goals within juvenile corrections?
To avoid unnecessary incarceration, rehabilitation, deterrence, retribution, and getting tough
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What are the percentages of juveniles placed on probation and released to parents?
64%
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What are the four types of cases that fall under the jurisdiction of the juvenile justice system?
Delinquency- act is criminal if done by an adult Status offense- the act is illegal only if committed by juvenile Neglect- Child receiving inadequate parental care Dependency- no parent or guardian
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According to the Justice Department, what is the most serious problem facing teenagers today?
crime
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Which of the below answers has not had the most significant impact on the juvenile justice system?
Tough on crime policies
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Know what is meant by a neglected child?
A child who is receiving inadequate care because of some action or inaction of his or her parents
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Common law, at what age were children exempt from criminal responsibility?
Younger than 7, kids ages 7-14 could be punished if they showed the proper mindset
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Know what a status offender is?
A juvenile who commits a status offense
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Comparisons between adults and juveniles and the due process rights?
Juveniles like adults have the right to counsel, to confront and examine accusers, protection against self-incrimination and double jeopardy, to have adequate notice of charges when confinement is a punishment (adults know charges in any circumstance). Juveniles have less rights to public trials and a jury, but adults do not have the right to treatment like juveniles
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Which statement is most accurate Are most violations for juveniles of state laws, federal laws, and municipal laws equal, or unequal?
State more than anything else
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What is the youngest age at which a juvenile can be waived to an adult court in the US?
Many states have no minimum age for a juvenile to be waived to adult court
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NJ vs TLO?
School officials may search a student if they have a reasonable suspicion that the search will produce evidence that a school rule or a criminal law has been violated
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Know what the word diversion means?
The process of screening children out of the juvenile system without a decision by the court
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Who brings most of the complaints against juveniles, parents, school officials, police, or victims?
Police
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Public support is strongest for what type of punishment when dealing with delinquent juveniles?
Rehabilitation
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What is a waiver?
Procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court.
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Know what an intake is?
An intake is a hearing where a hearing officer presides and determines whether the alleged facts are sufficient for the juvenile court to take jurisdiction or whether some other action would be in the child’s best interest.
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Know what migration is?
As juveniles and gangs move from one area to another to commit crimes
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Warrant?
A court order authorizing polcie officals to take certain actions, used in adult court to arrest offenders
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Judgment?
The decision that the judge makes after considering the evidence to come to the most sensible conclusion
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Know the difference between a delinquent child vs a neglected child vs a dependent child?
Delinquent child- A child who has committed an act that if carried out by an adult would be a criminal act Neglected child- A child who is receiving inadequate care because of some inaction or action of his or her parents Dependent child- A child who has no parent or guardian or whose parents cannot give proper care
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Know what PINS is?
The acronym for “persons(s) in need of supervision” is a term that designates juveniles who are either status offenders or thought to be on the verge of trouble
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What is meant by adjudication?
This is the trial stage of the juvenile justice process and can include a hearing to determine if the child is delinquent if they did not confess or the case hasn’t been
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What is meant by dependent child?
A child who has no parent or guardian or whose parents cannot give proper care
Example: A child who has been abandoned by their parents
What is PINS an acronym for?
Persons(s) in need of supervision
Example: Juveniles who are either status offenders or thought to be on the verge of trouble
What is meant by adjudication?
The trial stage of the juvenile justice process
Example: A hearing to determine if the child is delinquent if they did not confess or the case hasn’t been waived to adult court
What is meant by disposition?
A hearing to decide what action should be taken when a juvenile is found to be delinquent
Example: Typically based on the predisposition report and takes into account the best interest of the child
When can an offender receive probation?
As a type of treatment/punishment
Other options include intermediate sanctions (warning, fine, restitution, community service, withholding judgment), custodial care, institutional programs (education and rehab), aftercare (parole), community treatment (group homes for counseling and structure)
