exam 3, chp. 6,7,8,9 Flashcards
juvenile delinquency
imprecise, social, and legal label for abroad spectrum of law, and norm-violating behavior.
delinquency
behavior against the criminal code committed by an individual who has not reached adulthood.
status offenses
a class of illegal behavior that only persons with certain characteristics or status can commit. used almost exclusively to refer to the behavior of juveniles
EX: running away from home, violating curfew, buying alcohol, or skipping school
family courts
specialized courts dealing with issues relating to families, such as divorce and child custody, orders of protection, delinquency proceedings, and guardianship
probate courts
courts that have jurisdiction over a range of civil matters, such as wills and estates, property transfers, and in some states, divorce and child custody matters
parental evaluations
referred to custody evaluations in some jurisdictions. assessment of parenting plans is also frequently used
child custody evaluations (CCEs)
assessments prepared for courts by mental health professionals to help judges make decisions in disputed custody situations
termination of parental rights
the rare judicial determination that a parent or parents is/are not fit to care for children. legal authority for the children is removed. abandonment, serious substances abuse, and severe child abuse may be reasons
Best interest of the child (BIC) standard
the legal doctrine that the parents’ legal rights should be secondary to what is best for the child
tender years doctrine
a legal assumption, derived from the traditional belief that the mother is the parent ideally and inherently best suited to care for children in the “tender age”. The doctor is no longer officially used in virtually all states, though in many others mother is presumptively given custody of the child.
least detrimental alternative standard
in custody decisions, the standard that chooses the arrangement that would case the child the least amount of harm
approximation rule
in some jurisdictions, a judge at the amount of caretaking done by each parent before making a decision on child custody
friendly-parent rule
in the child custody determinations, the rule is in some jurisdictions that preference will be given to the parent who is most likely to nurture the child’s relationship with the other parent, provided the other parent is not abusive
visitation risk assessments
evaluations provided to family courts for help in deciding whether and how often children should be allowed to visit noncustodial parents or children.
parental relocation
an increasingly frequent topic for family courts, in which they are asked to make a decision as to whether the custodial parent should be allowed to relocate the child to a geographical area away from the noncustodial parent
legal parent authority
having the authority to make legal decisions for the child, such as medical needs and child, of educational system
physical parental authority
in custody decision-making, the right to make day-to-day decisions affecting the child, such as curfew hours or whether the child can go out with friends. Compare with legal parental authority
sole custody
when one parent has both legal and physical authority and the other does not, although the noncustodial parent usually retains visitation rights
divided custody
each parent is granted legal and physical authority on a rotating basis
split custody
One or more children go with one parent and other children go to the second parent. most likely to occur when the children are far apart in age
joint custody
Both parents share legal and physical authority, but the children live predominately with one parent who will have physical authority to make the day-to-day decisions
plaintiff
a person or party who initially brings a civil suit
respondent
another term for defendant in a civil suit
tort
the legal term for a civil wrong in which a plaintiff alleges some negligence on the part of the defendant or respondent
injunction
a court order to stop or refrain from doing something, usually based on a request form a party who is allegedly harmed by the activity
compensatory damages
one reward given in civil suits to make up for the harm that the plaintiff has suffered
punitive damages
awards in civil cases that are assessed to punish the defendant or respondent for the harm caused to the plaintiff. compare with compensatory damages
employment compensation claims
claims involving physical injuries, psychological damages, or emotional distress sustained as a result of one’s employment. employers are required to insure their workers against injury while on the job
forensic neuropsychology
the application of knowledge from the neuropsychological profession to legal matters. Neuropsychology is the study of the psychological effects of brain and neurological damage and dysfunction on human behavior
testamentary capacity
the mental ability to make a will
MacArthur Competence Assessment Tool - Treatment (MacCAT-T)
used by clinicians to evaluate ability to benefit from treatment
advance directives
documents that allow persons to make advance decisions about life-sustaining procedures in the event of a terminal condition or persistent vegetative state or any other later health care decisions.
Medial aid in dying
enables persons who are terminally ill and approaching death to request help from a physician to hastening it
hastened death evalutions
in states allowing individuals to hasten their death with the help of physician-prescribed medication, these assessments may be conducted if there are questions about the patient’s capacity to make such decisions
outpatient treatment (OT) orders
court orders that allow an individual to live in their own home alternative group or foster home on condition that the individual receives mental health treatment and usually complies with a medication regimen.
assisted outpatient treatment (AOT)
court-ordered mental health treatment in the community, on the condition that a person will be hospitalized or rehospitalized if not cooperative with treatment providers
preventive outpatient treatment
court-ordered community treatment to prevent a person from becoming dangerous. A controversial option because it does not require the high standard of dangerousness needed for other involuntary civil commitment, either to an institution or to community treatment
sexual harrassment
unwelcome sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature.
gender harassment
a form of discrimination and sometimes recognized in sexual harassment law, it refers to persistent, unwanted comments or behavior directed at an individual because of their gender. Distinguished from sexual harassment in that it implies the harasser has no intent in sexual contact with the target of the harassment.
juvenile delinquent
one who commits an act against the criminal code and who is adjudicated delinquent by an appropriate court. Usually for people 18 and under but can sometimes be up to 21
conduct disorder (CD)
a diagnostic label used to identify children who demonstrate habitual misbehavior
ex: stealing, running away skipping school, setting fires, destroying property, fighting
antisocial behavior
any behavior that is considered a violation of social norms in society; antisocial behaviors may or may not be defined as crimes
antisocial personality disorder (ASP)
a disorder characterized by a history of continuous behavior in which the rights of others are violated
four categories of ASP
- aggression to people and animals
- destruction of property
- deceitfulness
- serious violation of rules