Test 1: Chapters 1 & 2 Flashcards
What is the term for when a juvenile offender is tried as an adult?
Waived, or transferred - to adult court.
How many juvenile courts are there in the U.S?
51 ; all 50 states and the District of Columbia
What are status offenses, and how are they justified?
Actions that are not crimes, but are wrong because of the age of the offender.
We call adults “criminals”, but juveniles _______.
delinquents
Adults are arrested, whereas juveniles are ______.
apprehended
Adults are convicted, whereas juveniles are _______.
adjudicated
What does alleged mean?
Someone has been apprehended but not adjudicated. (Innocent until proven guilty)
What is a delinquent?
A youth that engages in an act that would be considered a crime, if it had been perpetrated by an adult.
What is a neglected juvenile?
A youth that is emaciated or abused by their parents/guardian.
What is a dependent juvenile?
A youth that has a lack of parents or other guardians or their parents are unable to care for them.
What is the lower age for juvenile court jurisdiction for youths?
Depends on state statutes, but usually between ages 7-10.
What is the Infancy Rule, and where did it originate?
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.
What is the upper age for juvenile court jurisdiction for youths?
until 21st birthday; but only if they were adjudicated as a minor.
Which court case made mandatory life without parole illegal sentencing for Juveniles?
What case made this retrospective?
Miller vs Alabama
Montgomery vs Louisiana
What state has the highest population of juvenile lifers?
Pennsylvania
Where were unwanted children placed in the 1960’s?
State institutionalized mental hospitals
What happened during Deinstitutionalization?
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.
What was the state of juvenile institutions in the 70’s?
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.
What did the JJDPA do?
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.
What are Crossover Youth or Dual-System Youth and what population of juvenile offenders do they represent?
Youths that are involved in multiple systems, be it child welfare, courts, social services, or children services. 10-20%
What is a Memorandum of Understanding?
An agreement between different youth services that allowed them to pool resources for crossover juveniles.
Where was the first Juvenile Court established?
1899, Chicago, Cook County IL.
What was the result of McKeiver vs Pennsylvania?
Juveniles did not have a constitutional right to a trial by jury, but states could give the option to have one.
Adults are acquitted, whereas juveniles are _______.
found to have no involvement.
Adults are convicted, whereas juveniles are _______.
adjudicated delinquent or finding of involvement
Adults have a trial, whereas juveniles have a _______.
adjudicatory hearing
Adults are given probation, whereas juveniles are placed in _______.
Aftercare
Adults are sentenced, whereas juveniles have a _______.
disposition
Adults have a sentencing hearing, whereas juveniles have a ______.
dispositional hearing
What is the most used disposition for juveniles, and who controls it in entirety?
Probation, controlled by the judge.
What is a nominal disposition?
The most minor; essentially a verbal warning
What is a conditional disposition?
A release with certain conditions, most often probation.
What is a custodial disposition?
The most serious, the youth is placed in custody, often an institution, group home, or boot camp.
What is the most commonly used type of disposition?
Conditional
What does Interior Design refer to?
A maximum security juvenile institution, where the youth never leaves the building and is always inside.
What can make a juvenile referral?
Literally anyone.
Who has the discretion to decide of a case is handled informally, formally, or to go straight to probation?
Intake officers
What are the three aspects of BARJ?
Community Safety: community centric
Accountability: victim centric
Competency development: offender centric
What is the doctrine of Parens Patriae, and where did it originate from?
The idea that the “state” acts as a loving parent concerned with the wellbeing of children. This originated from 13th century England.
What is the concept of Equity?
Fundamental fairness, based on the spirit of the law, rather than the letter.
Who where the Child Savers?
A grass roots organization of middle and upper class men and women that wanted to do something for the welfare of children.
What was the House of Refuge?
Founded in 1825, it was the first private institution for vagrant children - the biggest “crime” was poverty
What was the result of Exparte Crouse?
The P.A Supreme court ruled Parens Patriae, stating that the state had the right to keep Mary-Ann Crouse in custody.
What was the result of People vs Turner?
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
Who was the first juvenile judge?
Julian Mack, in Cook Country
What case gave juveniles due process upon waiver?
Kent vs U.S
What case gave all juveniles due process?
In re Gault
What was the Lyman School for Boys?
The first public institution for juveniles, opened by MA.
Who is the US Supreme Court Chief Justice?
John Roberts
