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Juvenile Justice System > Chapters 1-3 > Flashcards

Chapters 1-3 Flashcards

1
Q

What is the primary focus of juvenile justice?

A

The offender, not the offense

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2
Q

Barry Feld’s First of Four Areas of Change

A

Increased emphasis on procedural due process

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3
Q

Barry Feld’s Second of Four Areas of Change

A

A shift in legal philosophy from rehabilitative to punishment and criminal responsibility (especially for serious and violent offenders)

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4
Q

Barry Feld’s Third of Four Areas of Change

A

Reforms to divert, deinstitutionalize, and decriminalize status offenders
• Juvenile offenders should only be institutionalized if they offer a public safety risk or a flight risk

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5
Q

Barry Feld’s Fourth of Four Areas of Change

A

Transfer of serious juvenile offenders to adult criminal court jurisdiction

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6
Q

What is social constructionist perspective?

A

The view that the idea of juvenile delinquency – the concept – was a product of sweeping social, political, economic, and religious changes

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7
Q

What does Parens Partiae mean?

A

o “Parent of the Country”
o “The king as the father”
o The king has a responsibility to the citizens of the country

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8
Q

What is positivism?

A

The use of scientific methods to uncover the causes of crime and delinquency

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9
Q

What is determinism?

A

Crime and delinquency are products of identifiable forces: biological, psychological, or sociological, referring to the cause-effect relationship between them

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10
Q

What is the year the first Juvenile court was developed in the US?

A

1899

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11
Q

What is the significance of West Virginia State Board of Education v. Barnette?

A

o 1943
o First evidence of a challenge to end Parens Patriae
o Challenge that students cannot be forced to stand for the flag

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12
Q

What was the name of the act that created the first juvenile court, and in what year?

A

“An Act to Regulate the Treatment and Control of Dependent, Neglected, and Delinquent Children (1899)

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13
Q

In what three ways was the initial juvenile justice system different from the adult system?

A
  • Structure and jurisdiction
  • Legal Authority: Parens Patriae
  • Legal Philosophy and Process: the rehabilitative ideal
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14
Q

What is Decaying Generational Syndrome?

A

Allowance of ourselves to believe that the youth of today is inferior to the youth of the past

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15
Q

What was decided after Kent v. United States?

A

Juvenile courts must provide the essentials of due process in transfer decisions.

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16
Q

What was decided after In re Gault?

A

In hearings that could result in commitment to an institution – loss of liberty – juveniles should have the essentials of due process.

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17
Q

What was decided after In re Winship?

A

In delinquency matters, the state must prove a case – the burden of proof – beyond a reasonable doubt

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18
Q

What was decided after McKeiver v. Pennsylvania?

A

Jury trials are not constitutionally required in juvenile courts.

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19
Q

What was decided after Breed v. Jones?

A

Waiver of a juvenile to adult criminal court following adjudication in juvenile court constitutes “double jeopardy”

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20
Q

What kind of approach did Caspet and Moffet take?

A

Bio-sociological approach

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21
Q

What is the overarching approach to the juvenile justice system according to the developmental model?

A

To support the positive social development of youths

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22
Q

In the developmental model, what are the specific aims of juvenile courts and affiliated agencies?

A

To hold youths accountable for wrongdoing, prevent further offending, and treat youths fairly.

23
Q

What are the four categories in which a youth can be adjudicated?

A

Delinquent youth, serious juvenile offender, youth in need of intervention, youth in need of care

24
Q

Who is delinquent classification used for?

A

A youth who as violated a criminal law statute.

25
Q

What is serious juvenile offender classification used for?

A

A youth who has committed a felony.

26
Q

What is youth in need of intervention classification used for?

A

A status offending youth.

27
Q

What is youth in need of care classification used for?

A

A dependent and neglected youth.

28
Q

The structure of juvenile justice is…

A

Highly decentralized and fragmented among different levels and branches of government

29
Q

How is the juvenile justice system decentralized in levels of government?

A

Jurisdiction and authority is decentralized with three levels of government: federal, state, and local

30
Q

How is the juvenile justice system fragmented in branches of government?

A

“Separation of power” in which jurisdiction authority is also divided among the three branches of government
• Legislative: makes the law and provides funding for government
• Judicial: administers justice by interpreting and applying the law
• Executive: administers government, laws, programs, and services.

31
Q

What is the Purpose and Philosophy of Juvenile Court?

A

Parens Patriae, rehabilitative ideal

32
Q

What is Roscoe Pound’s Definition of Discretion?

A

“Authority conferred by law to act in certain conditions or situations in accordance with an official’s or an official agency’s considered judgment and conscience.”

33
Q

What is Diversion?

A

The tendency of juvenile justice systems to deal with juvenile matters informally, without formal processing and adjudication, by referring cases to special programs and agencies inside or outside the juvenile justice systems.

34
Q

What does DMC stand for?

A

Disproportionate Minority Contact

35
Q

DMC was expanded in the 2002 amendment to the JJDP Act to include…

A

Disproportionate minority confinement, and to encompass disproportionate minority contact throughout the system

36
Q

Where can DMC be assessed?

A

Each of the nine major juvenile justice process decisions points.

37
Q

Nine points in juvenile justice processing

A

Arrest, referral to court, diversion, secure detention, judicial waiver to adult criminal court, case petitioning, delinquency finding/adjudication, probation, and residential placement – including confinement in a secure correctional facility

38
Q

What is the definition of juvenile delinquency?

A

Actions that violate the law, committed by a person under the legal age of majority.

39
Q

Best interests of the child definition

A

The overarching interest of the traditional juvenile court to assess the needs of the youth and then to seek physical, emotional, mental, and social well-being
for that youth through court intervention.

40
Q

Child-saving movement

A 
A collection of locally organized groups of women from middle- and upper-class backgrounds who mobilized change in how governments dealt with dependent,
neglected, and delinquent children. One particular child-saving group, the Chicago Women’s Club, was largely responsible for the creation of the first juvenile court in Chicago.
41
Q

Due process of law

A

Procedural rights established in the Constitution (especially the Bill of Rights) and extended through appellate court decisions. They include procedural rights such as notice of charges, legal counsel, and protection from self-incrimination.

42
Q

Evidence-based practice

A

The use of evaluation research to assess evidence on program effectiveness and to derive principles for best practice in the field that is being studied.

43
Q

Houses of refuge

A

The first institutional facilities in the United States for poor, vagrant children.Both private and public refuges sought to protect and reform the “predelinquent.”

44
Q

Pauperism

A

The view, popularly held throughout the nineteenth century, that children growing up in poverty, surrounded by depravity in their neighborhood and family, are destined to lives of crime and degradation.

45
Q

Placing-out

A

A practice begun in the mid-1800s in which philanthropic groups took vagrant children West by railroad to be placed in farm families

46
Q

Poor laws

A

Laws enacted in colonial America that established a civic duty of private citizens to “relieve” the poor. Legal authority was also granted for governmental agencies or private relief societies to separate poor children from their “undeserving” parents.

47
Q

Positivism

A

The use of scientific methods to study phenomena. These methods include observation, measurement, description, and analysis.

48
Q

Reform school

A

In the mid-1800s a new form of institution began to replace houses of refuge. These institutions emphasized education and operated with traditional school schedules. Many reform schools also used a cottage system in which children were grouped into
“families” of 40 or fewer.

49
Q

Rehabilitative ideal

A

The traditional legal philosophy of the juvenile court, which emphasizes assessment of the youth and individualized treatment rather than determination of guilt and punishment.

50
Q

Discretion

A

“Authority conferred by law to act in certain conditions or situations in accordance with an official’s or an official agency’s considered judgment and conscience”

51
Q

Disproportionate minority contact definition

A

“The disproportionate number of juvenile members of

minority groups who come into contact with the juvenile justice system”

52
Q

Diversion

A

The tendency to deal with juvenile matters informally, without formal processing and adjudication, by referring cases to agencies outside the juvenile justice system.

53
Q

Status offense

A

An act that is illegal for a juvenile, but is not a crime if committed by an adult. Status offenses include acts such as running away, truancy, ungovernability, and liquor law
violations.

Juvenile Justice System (5 decks)

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