Juvnile Flashcards
New Jersey has two diversionary programs authorized by the State Attorney General
- Curbside warning
2. StationHouse Adjustments
What is Curbside Warning
allows police officers to give children an informal talking to or warning
StationHouse Adjustment
- Are more formal than curbside adjustments
- used for when juveniles are accused of behavior that could be considered a crime if committed by an adult
When are StationHouse Adjustments Available
4th Degree offenses if committed by an adult(such as shoplifting)
Name Helpful Programs
PAL(Police Athletic Leagues) DARE programs Community Outreach School Policing/ SRO’s Gang Awareness and Prevention
Community Policing
Police strategy that emphasizes reducing fear,organizing the community and maintaining order rather than fighting crime
Juvenile Officers
Police officers who specialize in dealing with juvenile offenders
Role Conflicts
Conflicts police officers face that revolve around the requirement to perform their primary duty of law enforcement and a desire to aid in rehabilitation youthful offenders
Juveniles account for nearly __ of all violent crime arrests
14%
Probable cause is defined
as reasonable grounds
to believe that an offense was committed and that the accused youth/person committed that offense
Discretion-
The use of personal decision making and choice in carrying out duties in the criminal justice system such as deciding whether to make an arrest
schools across the country there are more than
14,000 full time police working as school resource officers
(GREAT)
Gang Resistance Education and Training
GREAT was developed
in an effort to reduce adolescent involvement in criminal behaviors
Problem Oriented Policing is characterized by a 4-step model often referred to as
SARA:
What does SARA stand for
- Scanning involves identifying a specific crime problem through various data sources(EX. UCR, victim surveys)
- Analysis Involves carrying out an in depth analysis of the crime problem and its underlying causes
- Response brings together the police and other partners to develop and implement a response to the promle, based on the results produced in the analysis stage
- Assessment is the stage in which the response to the problem is evaluated
Independent Juvenile Court-
a specialized court designed to promote rehabilitation of youths within a framework of procedural due process
Family Courts-
In contrast, Family Courts have broad jurisdiction over a wide range of issues, including delinquency, paternity, child support and custody issues
Guardian ad litem
A person, often an attorney, appointed by the court to investigate a case and report its findings and recommendations to the court
Guardian Ad Litem
Developed why
- Often seen in abuse/neglect cases
- May be appointed in delinquency cases where there is a need for a particular type of treatment
- Make recommendations in court regarding the short and long term best interest of the children
Detention-
Temporary care of a child alleged to be a delinquent who requires secure custody in a physically restrictive facility, pending court disposition or exceiom of a court order
Deinstitutionalize-
The effort to remove juneiles from correctional institutions and place them inc community alternatives
Juveniles bail Statutes fail into three categories:
Those guaranteeing the right to bail
Those that grant the court discretion to give bail
Those that deny a juvenile the right to bail
Preventive Detention-
keeping the accused in custoday pror to trial bevause the accused is suspected of being a danger to the community(Scahll v Martin (1984))
InTake Process
The term intake refers to the screening of cases by the juvenile court system
Intake officers may:
- Send the youth home with no further action
- Divert the youth to a social agency
- Petition the youth to the juvenile court
- File a petition and hold the youth in detention
The consent decree is a
court order authorizing disposition of the case without a formal label of delinquency
Diversion
The official halting or suspending of a formal criminal or juvenile justice proceeding at any point after a recorded entry into justice system entry
The argument in favor of plea bargaining include
- Lower court costs and
2. Efficiency
Counter argument for Plea bargaining
Plea bargaining with juveniles is an unregulated and unethical process
When used, experts believe the process requires the highest standards of good faith by the prosecutor
Waiver Procedures(Three)
- Concurrent Jurisdiction- In15 states and the district of Columbia, the prosecutor has the discretion of filing chargers for certain offenses in either juvenile or criminal court
- Statutory Exclusion- In29 states, certain offenses are automatically excluded from juvenile court. Statutory exclusion accounts for the largest number of juveniles tried as adults
- Judicial Waiver-A hearing is held before a juvenile court judge, who then decides whether jurisdiction should be waived and the case transferred to adult court: 45 states and the district tof co,nbia
A adjudication
is comparable to an adult grand jury
Rules of evidence in adult criminal proceeding are generally applicable in juvenile court and the standard of proof sued- beyond a reasonable doubt- is similar to that used in a adult trials
Juvenile Court Trials END with:
- There is a finding of fact that the juvenile is not deliquescent or not in need of supervision
- The juvenile court judge makes a finding of fact that the juvenile is delinquent or in need of supervision
- Thejvunile court judge dismisses the case because of insufficient or faulty evidence
Dispositions should be in the best interest of the child
IT SHOULD:
- Provide the help the resolve the adolescents personal needs
- Meet society needs for protection
The major categories is dispositional choice in juvenile cases are:
- COmmunity release and probation
- Programs, out of home placements.
- Fines or restitution
- Communtiy service
- Institutionlization(rare)
Juvenile Sentencing Structures
- Least Detrimental Alternative-Choice of a program for the child that will best foster the child’s growth and development
- Indeterminate Sentence- This sentence does not specify the length of time the juvenile must be held; rather, correctional authorities decide when the juvenile is ready to return to society.
- Determinate Sentence- Specifies a fixed term of detention that must be served
- Mandatory Sentence- Defined by a statutory requirement that states the penalty to be set for all cases of a specific offense