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CRIM 235 Juvenile Justice > Test 1: Chapters 1 & 2 > Flashcards

Test 1: Chapters 1 & 2 Flashcards

1
Q

What is the term for when a juvenile offender is tried as an adult?

A

Waived, or transferred - to adult court.

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2
Q

How many juvenile courts are there in the U.S?

A

51 ; all 50 states and the District of Columbia

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3
Q

What are status offenses, and how are they justified?

A

Actions that are not crimes, but are wrong because of the age of the offender.

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4
Q

We call adults “criminals”, but juveniles _______.

A

delinquents

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5
Q

Adults are arrested, whereas juveniles are ______.

A

apprehended

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6
Q

Adults are convicted, whereas juveniles are _______.

A

adjudicated

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7
Q

What does alleged mean?

A

Someone has been apprehended but not adjudicated. (Innocent until proven guilty)

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8
Q

What is a delinquent?

A

A youth that engages in an act that would be considered a crime, if it had been perpetrated by an adult.

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9
Q

What is a neglected juvenile?

A

A youth that is emaciated or abused by their parents/guardian.

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10
Q

What is a dependent juvenile?

A

A youth that has a lack of parents or other guardians or their parents are unable to care for them.

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11
Q

What is the lower age for juvenile court jurisdiction for youths?

A

Depends on state statutes, but usually between ages 7-10.

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12
Q

What is the Infancy Rule, and where did it originate?

A

A rule that states that a child under the age of 7 cannot be charged for a crime due to the inability to form Mens Rea.

This rule was adopted from Britain’s Common Law.

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13
Q

What is the upper age for juvenile court jurisdiction for youths?

A

until 21st birthday; but only if they were adjudicated as a minor.

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14
Q

Which court case made mandatory life without parole illegal sentencing for Juveniles?

What case made this retrospective?

A

Miller vs Alabama

Montgomery vs Louisiana

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15
Q

What state has the highest population of juvenile lifers?

A

Pennsylvania

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16
Q

Where were unwanted children placed in the 1960’s?

A

State institutionalized mental hospitals

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17
Q

What happened during Deinstitutionalization?

A

State institutionalized mental hospitals closed, all the inhabitants were placed out onto the streets as many had no where to go and suffered from mental illnesses.

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18
Q

What was the state of juvenile institutions in the 70’s?

A

There were a lot of youths institutionalized for status offenses; status offenders were mixed in with delinquents; many of these institutions did unethical “treatment” procedures that abused these youths.

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19
Q

What did the JJDPA do?

A

Prohibited status offenders from being institutionalized; mandated Sight and Sound Separation - if a juvenile had to be held in jail before a court trial, they could not have any contact with any adult offenders.

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20
Q

What are Crossover Youth or Dual-System Youth and what population of juvenile offenders do they represent?

A

Youths that are involved in multiple systems, be it child welfare, courts, social services, or children services. 10-20%

21
Q

What is a Memorandum of Understanding?

A

An agreement between different youth services that allowed them to pool resources for crossover juveniles.

22
Q

Where was the first Juvenile Court established?

A

1899, Chicago, Cook County IL.

23
Q

What was the result of McKeiver vs Pennsylvania?

A

Juveniles did not have a constitutional right to a trial by jury, but states could give the option to have one.

24
Q

Adults are acquitted, whereas juveniles are _______.

A

found to have no involvement.

25
Q

Adults are convicted, whereas juveniles are _______.

A

adjudicated delinquent or finding of involvement

26
Q

Adults have a trial, whereas juveniles have a _______.

A

adjudicatory hearing

27
Q

Adults are given probation, whereas juveniles are placed in _______.

A

Aftercare

28
Q

Adults are sentenced, whereas juveniles have a _______.

A

disposition

29
Q

Adults have a sentencing hearing, whereas juveniles have a ______.

A

dispositional hearing

30
Q

What is the most used disposition for juveniles, and who controls it in entirety?

A

Probation, controlled by the judge.

31
Q

What is a nominal disposition?

A

The most minor; essentially a verbal warning

32
Q

What is a conditional disposition?

A

A release with certain conditions, most often probation.

33
Q

What is a custodial disposition?

A

The most serious, the youth is placed in custody, often an institution, group home, or boot camp.

34
Q

What is the most commonly used type of disposition?

A

Conditional

35
Q

What does Interior Design refer to?

A

A maximum security juvenile institution, where the youth never leaves the building and is always inside.

36
Q

What can make a juvenile referral?

A

Literally anyone.

37
Q

Who has the discretion to decide of a case is handled informally, formally, or to go straight to probation?

A

Intake officers

38
Q

What are the three aspects of BARJ?

A

Community Safety: community centric

Accountability: victim centric

Competency development: offender centric

39
Q

What is the doctrine of Parens Patriae, and where did it originate from?

A

The idea that the “state” acts as a loving parent concerned with the wellbeing of children. This originated from 13th century England.

40
Q

What is the concept of Equity?

A

Fundamental fairness, based on the spirit of the law, rather than the letter.

41
Q

Who where the Child Savers?

A

A grass roots organization of middle and upper class men and women that wanted to do something for the welfare of children.

42
Q

What was the House of Refuge?

A

Founded in 1825, it was the first private institution for vagrant children - the biggest “crime” was poverty

43
Q

What was the result of Exparte Crouse?

A

The P.A Supreme court ruled Parens Patriae, stating that the state had the right to keep Mary-Ann Crouse in custody.

44
Q

What was the result of People vs Turner?

A

IL Supreme Court said state did not have the right to take Daniel O’Connell away from parents, children had some litigation - law was unconstitutional

45
Q

Who was the first juvenile judge?

A

Julian Mack, in Cook Country

46
Q

What case gave juveniles due process upon waiver?

A

Kent vs U.S

47
Q

What case gave all juveniles due process?

A

In re Gault

48
Q

What was the Lyman School for Boys?

A

The first public institution for juveniles, opened by MA.

49
Q

Who is the US Supreme Court Chief Justice?

A

John Roberts

CRIM 235 Juvenile Justice (2 decks)

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