Final Flashcards
1
Q
The pre-frontal cortex is responsible for what?
A
Executive functions such as:
a) planning ahead
b) impulse control
c) judgement; weighing benefits & consequences
d) making complex decisions where you have to consider several things at once (such as thinking in context, considering long term goals, thinking ahead)
2
Q
How is the pre-frontal cortex relevant to adolescents?
A
It is relevant because the functions of the pre-frontal cortex have not fully developed for adolescents
3
Q
What is considered “emerging adulthood”?
A
Starting in the 1990’s this was considered a separate stage of development, which includes ages 18-24 because science and research has shown that people are still developing and evolving at that age.
4
Q
What is “cognition in context”?
A
It means that teenagers may understand something perfectly in the classroom, but in real-world settings social social and emotional factors interfere.
5
Q
What is an example of “cognition in context”?
A
Studies have shown that teens understand miranda rights when taught in class, however when places in a real world setting they tend to speak and not exercise their right to remain silent.
6
Q
What is social cognition?
A
“Personal fable” - Myth of invincibility, “it won’t happen to me”, which leads to excessive risk taking in teens (even teens with high IQ’s) or “what I’m going through has never happened to anybody else”
7
Q
At what age does susceptibility to peer pressure peek?
A
14-15
8
Q
What happens when adolescents are 14-15 year old in regards to their peer group?
A
- Adolescents start replacing their parents judgements for their peer group judgement, which is a normal occurrence.
- Adolescents are in process of forming identity by combining parental values, peer values, and independent thinking.
9
Q
What was the Lionel Tate case about?
A
- 12 year old boy left unsupervised with 6 year old girl and he ended up wrestling her and killing her.
- Tate was told to take a plea deal, but did not and ended up getting life in prison
- The sentence was later overturned on the grounds that his competence to stand trial should have been evaluated
10
Q
What is meant by “early on set delinquency -> life course offenders?”
A
- Before age 12 the adolescent has a history of behavioral or conduct disorders
- Left untreated or without intervention they will go on to adult criminal behavior
11
Q
What is meant by “late on set -> adolescence-limited offenders?”
A
These are adolescents that commit petty crimes (i.e: shoplifting, jumping turnstiles, etc.) as a teen (due to immature pre-frontal cortex, peer pressure), but stop committing these petty crimes (stop doing stupid things) by age 18 ) age of majority.
12
Q
What is the problem with telling if for example, a 15 year old is going to be an adolescence-limited offender or a life course offender?
A
There is no clear way of telling this, there is no test to evaluate this
13
Q
What is a discrepancy in regards to punishing juveniles?
A
There are discrepancies between laws being too easy or too hard on juveniles.
14
Q
The progressive movement at the beginning of the 20th century led to what?
A
The progressive movement at the beginning of the 20th century led to the rehabilitative model for juveniles
15
Q
Between 1909 and the 1920’s what was established that was distinct and different from criminal courts?
A
Juvenile courts were established, which were distinct from criminal courts and were established for juvenile offenders.
16
Q
On what principles were juvenile courts established?
A
Juvenile courts were established based on the principle that the state’s role in handling juvenile crime was to serve as a sheltering, but wise parent who must guide the child into a better life. Advocates stressed similarity between young offenders and neglected children.
17
Q
By 1925 every state had a separate juvenile justice system (T/F)
A
True
18
Q
How was In re Gault (1967) a challenge to the rehabilitative model?
A
- Gerald Gault was sent to a juvenile facility for 6 years by a supreme court judge, when, if he had been tried as an adult he would have received at most 2 months & a $50 fine. However, because of the informality of the proceedings he was denied due process and was sentenced all based on hearsay.
- Supreme court then ordered procedural changes in juvenile court to make the proceedings more like those in adult court (due process, right to counsel)
19
Q
What was happening in the 1980’s that caused moral panic?
A
- There was a rise in violent youth crime, which played on the fear that the welfare of society was not being promoted and jeopardized by teen gangs
- As a result many states changed the age at transfer to a lower age (a lot from 16 to 14) and crimes for which a child can be tried as an adult was expanded
20
Q
Moral Panic
A
Intense media interest, public outrage and fear in response to the perceived threat, and politicians seeking to capitalize on public’s fears to win elections or retain popularity
21
Q
What was proposition 21?
A
- Changed a lot of things that made punishment for juveniles much more harsher
- Promoted intensely to the public as a measure to combat criminal street gangs as the rise of youth violence in the 1980’s was mostly attributed to street gangs
- Fueled by moral panic
22
Q
What do Scott and Steinberg argue in regards to “safeguarding/promoting the public interest”
A
Scott and Steinberg argue that the concept of “safeguarding/promoting the public interest” is more complex than when dealing with adult offenders. Here the public interest includes public safety and protecting the public, but also includes reducing youth crime, holding youths accountable, and producing non-criminal adults.
- More than short term public safety is needed to ensure long term public safety and to produce non-criminal, non-violent adults
23
Q
What is mitigation?
A
- Mitigation has to do with surrounding circumstances at the time a crime is committed
- Circumstances that would lessen someone’s blameworthiness when committing a crime;
- Person is blameworthy enough o meet the minimal threshold of criminal responsibility but deserves LESS punishment than a typical offender
24
Q
How is blameworthiness assessed?
A
- Choice theory
- Character theory
25
What is choice theory?
Did the person have a "fair opportunity" to not engage in harmful conduct/the crime that took place? Were they capable, at the time the crime was committed, to exercise free will?
26
How does choice theory relate to adolescents?
For adolescents choice theory is tainted by:
- Impulsivity
- Immaturity
- Peer pressure
- The fact that adolescents are financially dependent on parents and/or other adults and few 16-16 year olds are self-sufficient and are on their own they simply cannot walk away from violent, neglectful, uncaring homes or foster homes
27
What is character theory?
Is the criminal act a product of the person's bad character
28
How does character theory relate to adolescents?
Even for teens with history of violent acts they cannot be diagnosed with personality disorder, or as sociopath (i.e: antisocial personality disorder) until 18 years old because the assumption is that personality and character is not stabilized before that age.
29
What are some mitigating conditions generally recognized in criminal law?
- Diminished capacity, especially in decision making. All teens have diminished capacity via prefrontal cortex.
- Coercive circumstances/situational mitigation: Teens cannot simply change their environment as they are usually financially dependent and cannot really change their neighborhoods, homes, or peer groups so easily
- Bad character
30
Do Scott and Steinberg argue for categorical or individualized mitigation.
Currently the court considers individualized mitigation, but Scott and Steinberg argue for categorical mitigation to avoid:
- racial and ethnic bias
- prevent moral panic that leads to changes in laws
- compatible with other laws (vote at 18, drink at 21, drive at 16,17,18)
31
What does proportionality refer to?
- Proportionality: a guide by which court assesses punishment schemes; in this way it potentially constrains illegitimate political forces in dictating criminal punishment
- Proportionality holds that criminal punishment should be measured by two criteria:
1. the harm the person causes and,
2. blameworthiness in causing the harm (intention to cause harm)
32
Why did the term developmental competence emerge?
- Developmental competence emerged as an issue in the mid 1990's out of the concern that some youth facing charges in criminal or juvenile court may not be competent to participate in their own defense AFTER they commit a crime not because of mental illness or low IQ, but because of immaturity
33
How does developmental competence tie into other discussions in the book Juvenile Justice?
- It ties into issues discussed regarding immaturity in brain development, particularly the pre-frontal cortex (responsible for planning ahead, making decisions, impulse control)
- In addition hormonal issues, poor judgement, lack of experience, peer group as audience, knee-jerk reactions
34
How does developmental competence relate to diminish capacity?
Developmental competence ties into diminished capacity especially in decision making. All teens have diminished capacity especially in decision making. As Chief Justice Stevens wrote in Thomson v. Oklahoma, teens are less able to evaluate the consequences of their actions while more apt to be motivated by sheer emotion and peer pressure.
35
How is developmental competence different than low IQ and mental illness in adults?
Developmental competence different than low IQ and mental illness in adults because the majority of youth under age 16 (at least) can be considered developmental incompetent (because they all have diminished capacity as compared to fully grown adults)
36
How does the court incorporate the basic elements of fairness?
- A defendant must be competent to stand trial (at the time of proceedings) & involves:
1. Factual understanding
2. Rational Understanding
3. Capacity to assist counsel in their own defense
37
What is factual understanding?
The capacity to learn about defendants' rights, charges, possible plea deals, steps in judicial proceedings, role of various participants (e.g: law guardian, prosecutor, etc.). Also involves ability to learn from relatively brief instruction.
38
What is rational understanding?
Must comprehend the implications, relevance, significance of what they come to understand factually (e.g: what they should tell their lawyer)
- intellectual, emotional, psychosocial immaturity may undermine ability to accurately grasp the implications of something that may be understood factually (e.g.: once teen thought that the right to remain silent means to stay silent until the police asks a question)
- Research studies on how kids may understand something in a classroom, but in the real world are not able to apply what they learned, especially when a lot of things are going on at once.
- Teens often have distorted beliefs
39
What is meant when someone has the capacity to assist counsel/assist in their own defense?
- Do they understand the attorney's role? Many kids believe they are against them
- Ability to receive and communicate information can be impaired with attention, memory, concentration, focus.
- Can they provide a coherent story?
- Ability to weigh options: an ability that kids lack because of their inability to weigh alternatives, think ahead, consider long-term consequences rather than making an impulsive decision.
- Also involved risk perception, understanding probability, and understanding how others may view you.
40
Most teens especially under age 16, are compromised in some if not all in factual understanding, rational understanding, assist counsel/assist in their own defense (T/F)?
True
41
How can developmental incompetence be addressed without compromising fairness to the defendant and public safety?
- BASIC understanding of the charges, the proceedings, the roles of principle participants, including their own
- The capacity to communicate with attorney (e.g.: provide account of relevant events, answer questions coherently)
- Ability to understand information provided by attorney and witness
42
What goals should be included in the Juvenile System?
- Must include notion that teens are not fully formed
- Should promote youth welfare such as education, job training, etc.
- Think about effects of peer group, positive role models, in normal growth in adolescence
- Erikson's stage 5: Adolescence: Identity v. identity diffusion
- Effects of adult prison? life sentences on teens?
- Basically lower standards of competence IF tried as youth
43
What is meant by proportionality v. Public Protection?
There has to be a balance between fairness to the youth (taking immaturity, mitigating factors, and developmental competence into account) with public safety concerns.
44
Harsher punishments/sanctions yield declining crime rates? (T/F)
False
45
In what environment will juvenile offenders be more likely to lead self-sufficient productive lives vs. being chronic, life long drag on society?
In a juvenile facilities in which juveniles are taught skills to succeed in society
46
What is a more cost effective measure? Years of incarceration, lack of education, lack of positive role models, cost of chronic unemployment and recidivism out of prison OR the cost of early rehabilitative efforts of shorter sentences in youth facilities that focus on education and rehabilitation
The cost of early rehabilitative efforts of shorter sentences in youth facilities that focus on education and rehabilitation is more expensive initially, but cost-effective in the long run as the hope is that these juveniles will be able to integrate into society and be productive individuals.
47
What must be taken into consideration when determining dispositional options for youthful offenders?
- Developmental immaturity
- Statistically and developmentally speaking, most juvenile offenders would be expected to grow out of their antisocial tendencies, given the right environment
- There is no reason to assume adolescent offenders are headed for a career in crime unless the correctional interventions push them into that direction
- Research shows that social context is critically important to the developmental tasks of adolescence (social learning theory) especially as they transition into adult roles and identities
- For adolescents, correctional programs shape their all-important social context, which can either enhance or inhibit psychosocial maturation.
48
Why does adult sentencing lead to higher recidivism rates in adolescents?
- In adult prisons, adolescents are taking on roles/identities, imitating that of criminals
- Their role models are inmates
- They are likely learning to react violently or aggressively to environmental stimuli and social interactions
- Mesosytem: statistics show that fewer than 40% of adult prison inmates receive any kind of academic instruction & adult prisons often function as apprenticeship programs for professional criminals.
49
What does scientific literature on adolescence show?
- Adolescent immaturity in judgement and decision making makes them less culpable
- Most adolescents will mature out of their criminal inclinations
- Because social context plays a key role in normal adolescent development, need age appropriate correctional/rehabilitative services to complete main tasks (Erikson: identity) and make a successful transition into adulthood.
50
Why can't authorities assume that a youth will turn into a life-course persistent offender?
Because a 14 year old's personality will likely not be the same personality they will have as adults. In other words, most adolescents will mature out of their criminal inclinations.
51
Why can't youth under 18 be diagnosed with a personality disorder?
Because before age 18 their personality is still developing.
52
What is one way in which it can be avoided for youth to not follow a life of crime?
Place them in a rehabilitative environment to redirect their behavior not in an environment surrounded my criminals who likely are behaving inappropriately.
53
How do you define high risk v. low risk youth?
It's complicated, but usually on risk assessments, and the type of family the youth has (i.e: involved family, good environment)
54
Under scott and Steinburg's proposal what kind of juvenile system would be in place?
- Separate juvenile system
- Starting at age 10 (before 10 to be dealt in family court) until age 18 nationally
- Age 10-15: categorically impossible to transfer to adult court
- Age 15-17.11: Still immature, but can be held responsible based on record to be transferred to adult court, but this is assessed INDIVIDUALLY
- Extending juvenile court disposition jurisdiction to age 24-25
55
What is the purpose of extending juvenile court disposition jurisdiction to age 24-25?
So that if a 17.5 year old who commits a serious crime is not released in a few months or gets transferred to adult court. this provides more time for the youth to get more social skills, vocational skills, life skills to make a more successful transition into adulthood and society
56
Based on Scott & Steinburg's proposal how would one handle pre-teenage offenders?
- Suggests a policy of rehabilitation that includes interventions that address the complex individual, family, social, and educational deficits.
- Intense treatment will include substantial supervision of youth, participation in functional family therapy, and multi-systemic therapy
57
Based on Scott & Steinburg's proposal how would one handle older serious offenders?
- For 15-16 year-olds charged with serious violent felonies who also have a record of serious violent felonies, transfer may be appropriate, as it seems unlikely that they will change.
- If comprehensive rehabilitative efforts fail for young offenders than at that point society’s interest in the public protection must prevail in determining the legal response. This response should be reviewed on a case-by-case basis.
58
Based on Scott & Steinburg's proposal how would Lionel Tate have been handled?
- Would be handled in juvenile court
| - If found responsible would be held in a developmentally appropriate setting for several years
59
Based on Scott & Steinburg's proposal how would have Timothy Kane be handled?
- 14 year old convicted of murder and sentenced to life in a florida prison after being present for the murder his friends convicted
- Adjudiciated delinquent and referred to community agency for treatment in evidence-based program aimed at adjusting his social context and giving him the tools to resist antisocial peer pressure
60
Based on Scott & Steinburg's proposal how would have Yummy Sandifer be handled?
- Involved with the law @ a very early age because of involvement of delivering drugs & displayed a lot of antisocial behavior (or conduct disorder tendencies?)
- Intensive treatment/therapy for mental illness
- Ongoing supervision
- Because of history of abuse and neglect would be placed in group home or with a foster family
61
Who is the typical abuser?
- There is no typical abuser based on demographics (e.g.: race, social economic status, religion, profession)
- Some people may be more inclined to be abusive because they were abused themselves or witnessed the abuse
62
What are some common characteristics of abusers?
- Low self-esteem
- Do not take responsibility for their actions
- Blame the victim
- Choose to batter women
63
There are no common characteristics of victims (T/F)
True
64
What are ways that abuser gains and maintains power?
1. Coercion & Threats
2. Using isolation (from friends to family)
3. Using intimidation (making victim afraid by using looks, gestures, actions)
4. Emotional & Psychological abuse (making victim feel bad about themselves, calling victim names)
5. Economic abuse (preventing from getting job, withholding $)
65
What is domestic violence?
- One person gaining and keeping power over another person
- A pattern of behavior in which one intimate partner uses physical violence, coercion, threats, intimidation, isolation, and emotional, sexual or economic abuse to control or change behavior of other partner
66
Who can experience domestic violence?
Anybody
67
What is physical abuse?
grabbing, pinching, shoving, slapping, hitting, hair pulling, biting
68
What is sexual abuse?
coercing or attempting to coerce any sexual contact without consent
69
What is economic abuse?
Making or attempting to make a person financially dependent on abuser
70
What is emotional abuse?
Undermining a person's self worth (e.g.: constant criticism, belittling one's abilities, name calling, damaging a partner's relationship with children)
71
What is psychological abuse?
Causing fear by intimidation, threatening physical harm to himself/herself, your family member or your children, destruction of pets and property
72
What is sexual coercion and reproductive control?
When a partner sabotages your birth control efforts by demanding unprotected sex, lying about "pulling out" hiding or destroying birth control, preventing you from getting an abortion or forcing you to get an abortion
73
What is cultural and identity abuse?
- Threatening to "out" your sexual orientation or gender identity, your participation in S&M polyamory, your HIV status, your immigration status or any other personal information to family, friends, co-workers, landlords, law enforcement
- Using your race, class, age, immigration status, religion, size, physical ability, language, and.or ethnicity against you in some way
74
Who does domestic violence happen to?
- 95% are women
75
What is the legal definition of an intimate relationship?
- Includes heterosexual and same-sex couples who are/were dating but do not have a child in common.
- Does not need to be sexual
76
How does the judge decide if the relationship is intimate?
- The judge will look at the nature of the relationship
- How often and for how long the people in the relationship were in contact
- Based on judges judgement as well
77
What is a temporary order of protection?
- Temporary, in place until you have a full hearing
78
What is a final order of protection?
- Usually lasts for up to 2 years unless the judge determines the one or more aggravating circumstances exist & in that case you can request that your order lasts 5 years
79
What do aggravating circumstances include?
- Physical injury or serious physical injury
- the use of a dangerous instrument
- history of repeated violations
- the use of a dangerous instrument (including a weapon)
- prior convictions for crimes against you by the abuser
- the exposure of any family or household member to physical injury by the abuser
- prior incidents and behaviors of the abuser that make the judge believe the abuser is an immediate and ongoing danger to you or any member of your family or household
80
What is legal custody?
The right and responsibility to make major decisions about your child (e.g.: where your child goes to school, whether or not your child gets surgery, religious training)
81
What is physical custody?
Physical care and supervision of your child, refers to who the child lives with on a day-by-day basis
82
What is visitation?
Refers to the time that non-custodial parents spend with their child
83
What is sole legal custody?
The right for one parent to make major decisions about the child, while the other parent does not have that right
84
What is joint legal custody?
- When parents share the responsibility of making major decisions about the child
- Not a good solution for domestic violence cases as there likely would be power dynamic issues
85
What is sole physical custody?
Child primarily lives with the person who has physical custody
86
What is shared physical custody?
- Will live with both parents, may or may not entail equal amount of contact time, depends on what the judge decides
- Can get tricky if one parent decides to move far, which will likely end with parents back in court
87
Children as collateral damage suffer from ...
- Emotional damage (feeling hopeless, scares, blame themselves, hypervigilant)
- Physical Damage
- Neglect - as victims are often preoccupied with their own emotional & physical damage
- Psychological & behavioral problems - trouble sleeping, trouble getting along with others in school, depression low self-steem
88
Children of divorce parents often suffer from emotional damage, neglect, and psychological and behavioral problems (t/f)
True. Often externalize their anxieties by acting out, while others internalize by expriecing depression, anxiety, and/or trouble sleeping
89
What are supervised visits?
May be ordered to take place at an agency where a social worker or other trained professional observes interaction between the parents and child and then submits a report to the judge.
90
What are therapeutic supervised visits?
- May be ordered to allow a mental health professional to supervise the visits and try to improve the parenting skills of the parent by instructing him/her during the visit.
- Another option is that the judge orders a family member or close friend to act as the supervisor
91
What happens when a judge orders a neutral place of exchange?
This is a safe location where a child goes from one parent to the other for visitation (e.g.: police station, school, library, mall)
92
What happens when a judge orders a monitored transition?
- This is where there is a third person present when the child goes from one parent to the other for visitation
- The reason for this is to ensure the child's safety and a calm situation for the child
93
What is mediation?
Process in which a neutral third-party, called a mediator, is there to help parents agree on matters relating to custody and visitation of their child without a trial
94
What is the ecological systems theory?
Concentric circles that influence a person w/ the individual at the center
95
What is in the individual level of the ecological system?
- Biological, cognitive, and emotional factors within the individual
- Biological: not just genetic, but also hormonal levels during adolescence, fight v. flight response, being victim of abuse & PTSD alters brain functioning, synaptic connections
- Cognitive: IQ; decision making abilities, problem solving skills
- Emotional: Temperament & ability to regulate emotional responses, self-control, the effects of early attachment, or lack of them
96
What is in the microsystem level of the ecological system?
- Most important other people (most important people shift depending on age, for example during elementary school family is most important, while the peer group may be more important during the child's teen years)
- Family (parental characteristics, child-rearing practices, family functioning)
- Peer group (anti-social peers, after school clubs, sports)
- Extended family
97
What is in the mesosystem level of the ecological system?
- Neighborhoods
(a) families that are economically stressed; population is more temporary, therefore fewer support systems
(b) public and social services that more affluent communities have access to are limited in poor neighborhoods (after-school programs, libraries, viable supermarkets)
- Communities
- Schools
(a) Do student's believe the curriculum is relevant to their lives, that school experience will have a positive influence on their future? that good grades will lead to a more successful future?)
- Community resources (or lack of them)
98
What is in the macrosystem or exosystem level of the ecological system?
- Outermost circle refers to the following influences on a person cultural, political societal influences
a) what country you live in; government
b) poverty (becomes a factor when combined with discrimination, inequity, absence of medical services, which lead to feelings of frustration, anger, hopelessness
c) media
d) accessibility of guns
e) societal/cultural drug & alcohol abuse
