Chapters 7-9 Flashcards

1
Q

The deprivation of an individual’s freedom by a person of authority on the grounds that there is probable cause to believe that the individual has committed a criminal offense

A

Arrest

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2
Q

The police and community working together to prevent crime, maintain public order, and solve community problems.

A

Collaborative Role

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3
Q

The police role associated with professional policing that emphasizes enforcement of laws and crime control. The primary strategies for crime fighting involve motorized preventive patrol, rapid response, and reactive investigation.

A

Crime-fighting Role

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4
Q

Police questioning of suspects when custody involves arrest or significant deprivation of freedom and the questioning is possibly incriminating

A

Custodial interrogation

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5
Q

Associated with the “get tough” approach to crime and delinquency, the law-enforcer role emphasizes public safety and offender accountability and involves vigorous enforcement of laws through arrest and referral to the juvenile court.

A

Law-enforcer role

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6
Q

The original role of police in dealing with juveniles in which police were expected to practice “kindly discipline” in place of parents—to function in loco parentis. As an extension of the juvenile court, police were to deal with juveniles in an informal, parent-like fashion, acting in the “best interests of the child.”

A

Protective Role

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7
Q

The Fourth Amendment protects against unreasonable ______ by the police. This requires a search warrant, which is issued by the courts and is based
on probable cause.

A

Search and seizure

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8
Q

The statutory authority given to police officers to take control of a juvenile, either physically or by the youth’s voluntary submission, in an effort to separate that youth from his or her surroundings. This is used when the juvenile has broken the law or is in need of protection.

A

Taking into custody

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9
Q

A transfer provision that gives statutory authority to prosecutors to file certain types of offenses in either juvenile or adult court.

A

Concurrent jurisdiction

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10
Q

A voluntary agreement between the youth and his or
her parents that is approved by a juvenile court judge. The written agreement is legally authorized in state statutory law and normally includes a wide variety of options for informal disposition, aimed at rehabilitation.

A

Consent adjustment without petition

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11
Q

A provision that gives criminal court judges the option to sentence juveniles convicted in adult court as delinquents in the juvenile justice system. This provision often requires that convicted juveniles receive a suspended criminal court sentence, in
addition to the juvenile court disposition.

A

Criminal blended sentencing

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12
Q

The short-term, secure confinement of a youth under court authority, pending court action, disposition, or placement.

A

Detention

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13
Q

Resolution of cases that were referred to juvenile court, but were not petitioned for formal adjudication. A variety of options are available to juvenile courts, including referral to another agency for services (e.g., chemical dependency treatment, family therapy, academic tutoring, restorative justice), community service, restitution, and informal probation through the probation department

A

Informal disposition

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14
Q

The initial screening of cases referred to juvenile courts in order to determine the most appropriate way to handle each case—formally, informally, or by dismissal. Juvenile court intake is a discretionary decision, usually the responsibility of the juvenile probation department.

A

Intake

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15
Q

An informal meeting of the youth, parents, and probation/intake officer, usually in the probation department office, used to develop an agreement (consent adjustment without petition) that provides informal disposition of the referral, without formal petitioning into the juvenile court.

A

Intake conference

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16
Q

A transfer provision that gives statutory authority to juvenile court judges to waive the court’s original jurisdiction and transfer cases to adult criminal court.

A

Judicial waiver

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17
Q

A provision that typically allows youth to be tried in juvenile court and given a juvenile disposition, but also a suspended criminal sentence, which can be imposed if an individual does not cooperate, fails to complete the juvenile disposition, or commits a new offense.

A

Juvenile blended sentencing

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18
Q

A legal document filed in juvenile court by the prosecutor’s office that specifies the facts of the case, the charge(s), and the basic identifying information of the youth and his or her parents.

A

Petition

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19
Q

A youth assessment conducted by probation officers, used to inform the intake screening decision. The assessment collects pertinent information about the alleged offense and the youth, including a chemical dependency evaluation, educational assessment, and determination of mental health and family service needs.

A

Preliminary inquiry

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20
Q

A written document, usually from the police, parents, or schools, that requests or results in juvenile court consideration of a particular matter involving a juvenile

A

Referral

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21
Q

A provision that allows juveniles whose cases are being handled in adult courts to petition to have their cases heard instead in juvenile courts, for either trial or disposition.

A

Reverse waiver

22
Q

The review of cases referred to the juvenile court, usually by the probation department.Intake screening results in a determination of how the case will be handled—formally, informally, or by dismissal.

A

Screening

23
Q

A transfer provision in which state statutes exclude certain juvenile offenders and offenses from juvenile court jurisdiction, and these cases originate in criminal rather than juvenile court. State statutes providing for this usually set age and offense limits for excluded offenses.

A

Statutory exclusion

24
Q

The formal proceedings of juvenile courts, involving a series of court hearings that make judicial findings regarding the “facts of the case.” The ultimate purpose of adjudication is twofold: (1) to determine whether the youth is responsible for the offense(s) charged in the petition; and (2) to determine whether the youth should be legally declared a “delinquent youth,” a “serious juvenile offender,” or a “status offender” by the juvenile
court.

A

Adjudication

25
Q

The formal hearing in juvenile courts in which evidence and witnesses are presented, first by the prosecutor and then the defense, following due process of law.
The outcome of this fact-finding process is a legal determination by the judge about whether the juvenile committed the offense(s). This is usually referred to as a finding of fact or a finding of delinquency

A

Adjudicatory hearing

26
Q

A judicial hearing during the early stages of adjudication. The judge advises the youth of his or her rights and obligations, the petition is read aloud, and the youth is asked whether she or he admit or deny the petition.

A

Arraignment hearing

27
Q

The juvenile court’s legal authorization for out-of-home placement for a youth who has been adjudicated a delinquent youth. This involves a transfer of legal custody to “the state”—some state agency such as the juvenile court or department of corrections.

A

Commitment

28
Q

In cases that are petitioned but not adjudicated, an agreement for disposition made between the juvenile court judge, parents, youth, and probation officer. Such disposition may include out-of-home placement, probation, restitution, and community service.

A

Consent decree with petition

29
Q

An adjudicatory status used to designate that a youth has violated the criminal law and is in need of the juvenile court’s assistance through disposition

A

Delinquent youth

30
Q

The juvenile court’s response to a youth’s admission of a petition or the court’s finding that a youth committed an offense(s). The court order of this may require involvement in rehabilitation programs, community service, restitution, formal probation, out-of-home placement, or confinement.

A

Formal disposition

31
Q

A legal document filed in juvenile court by the prosecutor that specifies: the jurisdiction of the juvenile court, the charges in statutory and ordinary language, the facts of the offense including time and place of occurrence, and basic identifying information for the youth and his or her parents.

A

Petition

32
Q

Negotiation between the defense attorney and the prosecutor in which the youth agrees to admit the petition or plead guilty in exchange for some concession such as keeping the case in juvenile court (without waiver to adult criminal court), reducing the charge(s), and/or leniency in disposition or sentencing.

A

Plea bargaining

33
Q

A court-ordered report written by a probation officer that provides information relevant for court disposition in an effort to make disposition individualized and rehabilitative. This is commonly organized with three major sections: offense section, a social history, and a summary and recommendation.

A

Predisposition report

34
Q

Usually the first adjudication hearing, which makes an initial determination about whether sufficient information and evidence exist to substantiate that
a youth was likely involved in activity that violated state criminal or status offense law. Judges also make determinations regarding continued detention.

A

Probable cause hearing

35
Q

An adjudicatory status, determined by juvenile court judges in some states, to designate that a youth has committed a felony offense, including crimes against
person, serious property offense, or an offense involving dangerous drugs. This adjudicatory status allows for more punitive disposition under statutory law.

A

Serious juvenile offender

36
Q

An adjudicatory status used to designate that a youth has violated status offense law and is in need of the juvenile court’s assistance through disposition. State statutes (youth court acts) use various other terms.

A

Status offender

37
Q

Different people are attracted to different elements of policing

A

Role Strain

38
Q

The same role expresses differently when different officers take the role.

A

Role Ambivalence

39
Q

How do the vast majority of police interactions with juveniles conclude?

A

Informally

40
Q

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.

A

Discretion (by Pound)

41
Q

What are the three legal factors that influence discretion?

A

Seriousness of the offense
Previous contact with police and prior arrest
Attitude and demeanor of the juvenile

42
Q

What are the five extralegal factors that influence discretion?

A

Social characteristics of the juvenile: age, race, gender, class
Source and attitude of the complainant
Community characteristics
The availability of community alternatives to arrest
Organizational structures and enforcement policies of the police department

43
Q

What do police often act as?

A

Gatekeepers

44
Q

Written documents that request court consideration of a particular juvenile matter

A

Referrals

45
Q

What are the three critical decisions at intake?

A

Legal determination of probable cause.
Does the juvenile court have jurisdiction?
Is formal processing in the “best interests of the child?”

46
Q

What is the most common dispositional order in adjudicated status offense cases – 56% of adjudicated status offense cases?

A

Probation

47
Q

What are the three purposes of detention?

A

Ensure that the youth will be appear in court.
Stabilize behavior and/or protect the child.
Protect persons or property.

48
Q

What four things did JJDPA do in regards to detention?

A

Remove status offenders from detention or secure confinement
Promote sight and sound separation of juveniles from adults while in detention
Remove juveniles from adult jail facilities
Reduce the number of minorities in secure facilities.

49
Q

What is contained within a predisposition report?

A

Offense section
Social history
Summary and recommendation

50
Q

What and when were the four main roles of policing?

A

Parens patriae policing – the original protective role
Professional policing – the crime-fighting role (1920s)
Community-oriented policing – the collaborative role (1960s)
Getting tough – the law-enforcer role (1980s)