Foundations of Juvenile Court Flashcards
When was the first Juvenile Court set up?
In 1899 in Illinois, the court took its cue from the English system
What is parens patriae?
the idea that the court acts as a parent; proceedings aren’t adversarial, softer language is used, the need for an individualized system is recognized
What are the take aways from In Re Gault?
- Right to notice
- Right to counsel
- Right to confrontation clause
- Right to non-self incrimination
What is the take away from In Re Winship?
Juveniles are entitled to proof beyond a reasonable doubt; even though the juvenile court is a “civil” court, its not really bc the offender was charged with a criminal charge (function over form)
What is the take away from McKeiver?
Juveniles are not entitled to a trial by jury; the due process guarantees from Gault deal mostly with issues of fact finding, BUT a jury trial is not needed for adequate fact finding, a judge can serve the same purpose as a jury and just as adequately
What are the Kent factors?
- seriousness of the offense; 2) was the offense violent, against a person or property; 3)merit of complaint; 4) need for complaint; 5)maturity of juvenile; 6)previous record; 7) adequate protection of the public
What is judicial waiver?
Judge initiated, turns on how the prosecutor files the claim and whether or not the judge, after independent investigation, thinks the case should be transferred
What is statutory waiver?
A statutory law which says if you are this age, or you commit this crime you will be tried as an adult
What is prosecutorial waiver?
The prosecutor can decide where to file the charges, it is the fastest growing but least common (can’t appeal)
