Test 2 Flashcards
File (Charges) against a youth
Petition
Juvenile court decision to either to keep a juvenile in custody or to allow the youth to go home with his or her parents while awaiting further court action.
Detention decision
Youth prisons for juveniles determined to be delinquent.
An institution that houses delinquents considered to be unfit for probation or another lesser punishment
Training schools
The placement of a youth in a locked facility with other youths who are awaiting either further court action to transfer to a state correctional facility
Secure detention
The placement of a delinquent youth in a small group home that is not securely locked to await further court action
Nonsecure detention
A behavior modification strategy, often used in training and other residential facilities, in which point or dollar values are assigned to particular behavior and are used as a way of rewarding appropriate behavior.
Token economy programs
What percent of juvenile girls have histories of physical abuse. Boys?
Girls70%, boys 20%
A detention alternative in which a center was formed to devote time to formal education and remedial and tutorial work in the day and reactional programming in the evening
Day-evening center
Programs that supervise juveniles at home instead of in custody while they are awaiting further court action.
Home detention
The decision whether to file a court petition of delinquent, status offense, abuse, or dependency
Intake decision
The document filed in juvenile court alleging that a juvenile is a delinquent, status offender, or dependent
Petition
Informal handling of an offense without the filing of a petition. Ex. Probation intake officer orders the payment of restitution
Informal adjustment
A diversion option in which youths act as judge, prosecutor, defense attorney, and jury in minor cases such as status offenses and misdemeanors. The most common penalty is community service. One half use adult judges.
Teen courts
Specialized courts that attempt to help drug offenders stop using drugs by providing services and judicial supervision
Drug courts
The process by which an individual who is legally a juvenile is sent to the adult criminal system for disposition and handling
Transfer or waiver
A States legislature’s rule that certain offenses, such as murder, automatically go to adult court.
Statutory exclusion
State laws that provide for automatic transfer of a juvenile to adult courts, as opposed to judicial waiver or transfer.
Legislative waiver
A waiver or transfer by the prosecutor of a juvenile case to adult court
Prosecutorial waiver
Juvenile courts very from jurisdiction to jurisdiction in how they process cases. For example, rural courts may very considerable from urban courts
Justice by geography
The act of the adult criminal court returning certain cases received from juvenile courts via waiver back to juvenile court.
Reverse waiver
State laws that mandate that certain juvenile defenders be processed in adult courts after an initial processing in adult court.
“Once an adult, always an adult” provision
The process of determining whether there is enough evidence to find a youth to be a delinquent, a status offender, or a dependent
Adjudication
The process of determining what intervention to give a juvenile offender upon his or her adjudication as a delinquent
Disposition
A role assumed by some attorneys in juvenile cases in which the attorney acts as a “concerned adult” rather than a zealous advocate, sometimes encouraging youths to admit to petitions in cases in which an adversarial approach may have resulted in a dismissal of the petition
Concerned adult role
Defense attorney role that emphasizes strong tactics to prove the juvenile defendant innocent or get the least severe penalty
Zealous advocate role
Negotiations between the prosecutor and the defense attorney concerning the petition and/or the disposition
Plea bargaining
A development in juvenile justice in which either the juvenile court or the adult court imposes a sentence that can involve either the juvenile or the adult correctional system or both
Blended sentencing
In 2014, juvenile courts processed almost 1million delinquency cases and about 100,000 petitioned status offense cases.
In addition, approximately 4,200 cases were transferred to adult court.
Research on transfer indicates ______ recidivism for youths who were transferred to adult criminal court.
Higher
In this case, this juvenile accused of rape, was transferred by a judge’s decision alone based on his social service and probation file. Didn’t allow the attorney to view files or have a hearing. Marked the Supreme Court’s first examination of juvenile court processes. But with the other processes to waiver there is no waiver hearing and protections set by this case are bypassed.
Kent v. United States(1966)
In this case, the youth(15) was arrested for allegedly making obscene phone calls to an adult women and sentenced to 6years in state training school or till he was 21 what ever came first. Adults with the same charge face only a $50 fine and 2 months in jail. The complainant never appeared in court. This case gave juvenile the right to the 5(the right to remain silent) and 6 (adequate notice of charges against them, confront accuser, assistance of council.) amendments. (Only in cases with possibility of commitment to a locked facility)
In re Gault
In this court case, the Supreme Court extended the reasonable doubt standard of proof to juvenile proceedings in which possibility of commitment to a locked facility is present.
In re Winship
The standard of proof used in both adult criminal cases and juvenile delinquency cases: doubt based on reason that a reasonable man or woman might entertain.
Reasonable doubt standard
In this Supreme Court case, it was found that juveniles do not have the right to trial by jury.
McKeiver v. Pennsylvania
Supreme Court case making it unconstitutional for juveniles to receive the death penalty.
Roper v. Simmons
These three cases life with out parole was first only allowed for homicide. Then the second states can still impose a LWOP sentence, but only after individualized consideration of the juvenile and there offense. Third, the second applies to those sentenced before its findings.
Graham v. Florida
Miller v. Alabama
Montgomery v. Louisiana
This case maid the waiver process more explicit by ruling that states can’t first adjudicate a juvenile a delinquent then waive the youth to adult court. (Double jeopardy)
Breed v. Jones
This case found, a child can voluntarily waive there privilege against self-incrimination with out first speaking to an attorney or guardian. If so the judge must evaluate voluntariness based on factors such as age, maturity, experience, and intelligence of the youth. Mandating that the police to at least bring in one parent or attorney advising them on the wisdom of waiving there rights.
Fare v. Michael C.
This Supreme Court case ruled that a juvenile who is awaiting court action can be held in preventive detention if there is adequate concern that thy will commit additional crimes while the primary case is pending further court action.
Schall v. Martin
Detention to prevent further delinquency while awaiting court action on an earlier charge.
Preventive detention
Can include searches of person’s, places, and things and actions such as taking into custody, 4 Amendment protects from unreasonable of this
Search and seizure
Physical punishment. As of 2017, 15 States allowed it.
Corporal punishment
This right is to be balanced with schools interest in education and discipline. Students are entitled to express themselves as long as it doesn’t materially and substantially interfere with school discipline or the educational process
Freedom of speech
This case allowed for student searches if there is reasonable suspicion.
New Jersey v. T. L. O.(1985)
The steps to get your drivers license
Graduated licensing
Carefully drawn curfew laws have been upheld as constitutional.
Excessively vague laws have not been upheld
Raising the legal drinking age has had positive effects on both
Traffic fatalities and protecting youths from long-term negative outcomes.
A therapeutic approach based on the work of B.F. Skinner and Hans J. Eyesenck that entails the use of reinforcements to increase the probability of desired behaviors and a lack of reinforcement, or punishment stimuli, to decrease the probability of undesirable behaviors.
Behavior modification
A short term program that resembles basic military training by emphasizing physical training and discipline; often include educational and rehabilitative components
Boot camp
The use of various types of wilderness programs, ranging from relatively short stays in outdoor settings to long wagon train or ocean ship trips
Common-sense corrections
A training school design that attempts to simulate home life more closely than would a prison-like institution; it divides the larger prison into smaller “cottages” for living.
Cottage system
The practice of avoiding any involuntary residential placement of status offenders; also, the general idea of removing any youths from institutional control
Deinstitutionalization
Refers to the demands of daily life in institutions such as detention centers and state training schools where all aspects of life are regulated. Inmates typically make adjustments to such institutions that often work against the objectives of staff.
Institutional life
