Struggling Terms Flashcards
Common Law - US Court part
Law that is derived by findings of the court system
Federal Case Law
State Case Law
SCOTUS order of hearing a case
can bee the first or last to hear a case
District Courts
Only hear cases authorized by US Constitution
Double jeopardy does not apply between state and federal courts
Snapshot juvenile arrests and gender
In 2020, 424,000 juveniles were arrested in the US
7% for violent crimes
18% for property crimes
17% for assault
9% for drug violations
58% decrease in arrests since 2007
Females 19% to 29% from 1992 to now
Snapshot youth in residential facilities
44% increase from 2014 (cost)
On any given day, 36,479 youth are residing in a residential facility on a juvenile/criminal court case
Reeves, shires, chancellors
reeves - officer
shires - counties
chancellors - carry out the will of king
Kent v. United States
Established the universal precedents of requiring waiver hearings before juveniles could be transferred to the jurisdiction of a criminal court (except by legislative automatic waivers, although reverse waiver hearings must be conducted at the juvenile’s request)
Facts of the case:
1959 - A 14 year old boy was apprehended as the result of housebreakings and attempted purse snatchings. He was placed on probation in the custody of his mother.
1961 - An intruder entered the apartment of a woman, took her wallet, and raped her. Fingerprints at the crime scene were later identified as those of Morris Kent, who had been fingerprinted when apprehended for housebreaking earlier. Now age 16, he was taken into custody and interrogated for seven hours by the police. He admitted his gully and even volunteered information about other housebreakings, robberies, and rapes.
- His mother obtained counsel for Kent the following day
- She and her attorney conferred with the Social Service Director of the Juvenile Court and learned there was a possibility Kent would be waived to criminal court
- Kent’s attorney advised the Director of his intention to oppose the waiver
- He was detained in a Receiving Home for one week
No arraignment and no determination by a judicial officer of the probable cause for Kent’s arrest
Court failed to rule on any of Kent’s attorney’s motions
Also failed to confer with the attorney or parents
Kent was later found guilty of six counts of housebreaking
5-15 years per housebreaking counts → 30-90 year sentence
US Supreme Court on a vote of 5-4 reversed his conviction
- Held that Kent’s rights to due process and to the effective assistance of counsel had been violated when he was denied a formal hearing on the waiver and the attorney’s motions were ignored
Montgomery v. Louisiana (2016)
SCOTUS ruled that juveniles had the right to individualized sentences
Evolving standards of decency
Jones v. Mississippi (2021)
Having a separate hearing to determine if a juvenile is incapable of being improved before sentencing them to life without parole is NOT required
Miranda comprehension decreases with IQ
11-13 years (58% impaired)
14-15 years (33.3% impaired)
16-17 years (7.8% impaired)
info on Miranda Warnings (no stats)
Yet most states do not have a separate warning for juveniles
Not all states require that adult be present when minor is read his/her rights
Even when adult is present, waiver rates do not decrease as many parents urge the child to cooperate with police
JDB v. North Carolina (2011)
Supreme Court = age should be considered in determination
warnings - juveniles
40% of juvenile warnings had an average length of 322 words
Waivers
86.1% of waivers specifically ask suspects to waive their rights, rather than asking suspect whether they wish to waive their rights
In Re Gault - things you forgot
How there was no factual basis
How the parents weren’t notified of anything
Roper v Simmons Majority
Impaired
Diminished culpability
More susceptible (cares what peers think)
Developmental differences (brain isn’t fully developed - prefrontal cortex involved in executive function and decision making)
Lack maturity
Lack decision making capability
Juveniles are different from adults
Evolving standards of decency
Roper v Simmons Concurrence
Reaffirmed 8th amendment
Need for a more humane approach
Emphasis of research and evolving standards of decency
Roper v. Simmons Dissent
Said adolescents are a “class” and some must be mature enough for the death penalty
Said that the majority focused on the subjectivity of morality rather than upholding the law and constitution
Miller v Alabama Majority
Juveniles aren’t adults
Immature / reckless / diminished moral culpability
Considered home life
More vulnerable to negative influences and outside pressures
Miller v Alabama Concurrence
Emphasized importance of individualized sentencing and need to consider unique circumstances
Miller v Alabama Dissent
Role is to apply law, not question morality
Constitution doesn’t speak on morals
Imprisonment removes criminal from community and prevents them from harming others again
States should choose
Atavism - things you forgot
“Biologically predisposed to be criminals”
“Separate class of humans” - homo delinquents
Hereditary theories
“Family traits” - unsavory - can inherit it from genes
Akers/Burgess - things you forgot
SLT
Imitation
Peer contagion effects
imitation
Indirect or direct observation of others’ behavior
peer contagion effects
Association with a deviant peer group reinforces problem behavior through the mechanism of deviancy training, which involves receiving positive reinforcement from peers for engaging in deviant talk
Youth with lower level offending may be particularly vulnerable
delinquency boys
Responses are when blocked from achieving goals
Male youth in lower SES groups internalize middle and upper class views of success and drive for higher social status
Delinquency and opportunity
Crime-oriented
Property crimes
Conflict-oriented
Violient
Retreatist-oriented
Drugs
general strain theory
Agnew (1992,1995)
Delinquent behavior functions as an adaptation to stress
Response to stress depends upon various factors, including social support, degree of anger, motivation, self-esteem
Delinquency - reaction of the environment; stress, trauma
Types of relevant stressors:
types of relevant stressors
Discrepancy between means and goals
Loss of something positive
Negative circumstances
Two limitations you forgot to strain theories
Doesn’t account for middle- and upper-class delinquent behavior
Doesn’t account for why small numbers of youth in lower SES communities engage in delinquent acts
Lower class culture values
Toughness, trouble, fate, autonomy, excitement, smartness
How prosecutor asses how to best proceed in a juvenile case
Age of the juvenile
Seriousness of the offense
The prior record of the youth
Cognitive ability
The evidence
Community sentiment
