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
The question of whether programs achieve their objectives
Program effectiveness
Discord based on differences in racial background
Racial tension
Alternatives to traditional incarceration in which participants are involved in an intensive curriculum of discipline,work, strenuous physical activities, education, and other programs; boot camps are common form.
Shock incarceration
Residential placement centers for juveniles who have been adjudicated delinquent. They are youth prisons that may have a cottage structure and educational programming.
State training schools
Refers to an assault (physical or sexual) or theft experienced in a facility such as a state training school
Victimization
A program in which youths undergo an outdoor an outdoor experience that is designed to teach self-reliance, independence, and self-worth
Wilderness programs
A total of 48,043 juvenile offenders were in public, private, or tribal residential placement on the date of the most recent census.
In addition, just under 1,000 juveniles were in adult prisons, according to recent data
Boot camps can be cost-effective and result in academic progress. Despite the common-sense belief that military-type discipline is beneficial, they do not reduce ________
Recidivism
Recent statistics indicate that __-__ percent of juveniles released from state facilities are rearrested. On the other hand, _____ _____ can reduce recidivism significantly.
70-80
Effective programs
The most prevalent problem in the juvenile justice system is the presence of _____ _____. Studies show that more than two-thirds of juveniles in the juvenile justice system experience ____ ____.
Mental disorders
Estimates of victimization, including sexual victimization, in juvenile facilities vary; some estimates indicate that almost two-thirds of youths are victimized.
In recent government survey, 9.5 percent of youths in state juvenile facilities and large private facilities reported one or more incidents of sexual victimization in the previous year or since their admission to the facility.
____ ____ has been a problem in juvenile facilities. In 2015, minorities constituted 69 percent of youths in residential placement
Racial tension
______ or stopping involuntary placement of status offenders continues; in 2015, only 2,328 committed status offenders were in residential placement, a decline of 69 percent from 1997
Deinstitutionalization
Many wilderness programs have __ effective, but a recent evaluation showed that such programs with treatment enhancement can reduce recidivism.
Not been
Mandatory programming for youths after release from training schools or other placements, similar to parole in adult courts
Aftercare
A recent approach in juvenile corrections that places emphasis on the offender, the victim, and community safety. One aim is to restore the victim and the community, as much as possible, to his or her pre-crime status
Balanced approach
An approach to justice that focuses on helping community residents manage their own affairs, solve their own problems, and live together effectively and safely
Community justice
The practice of having offenders perform unpaid work for government or private agencies as payment for crimes without personal victims.
Community service
Whether interventions have an impact on any measure of the crime problem
Effectiveness
A focus on status offenses such as truancy
Emphasis on status offenses
The state of affairs in which judges, probation and aftercare officers, probation directors, state legislators, juvenile justice experts, and others in the system disagree about the objectives of juvenile court and community supervision
Goal confusion
A style of communication designed to make it more likely that offenders will listen, will be engaged in the process, and will be more ready to make changes
Motivational interviewing
A perspective that supports efforts of corrections workers, whether prison counselors or probation officers, to help offenders find greater meaning in their lives
Peacemaking
A type of community corrections in which an offender is under the supervision of a probation officer. The court orders the offender to follow certain rules and to report regularly to a probation officer
Probation
Based on a deterrence model, which emphasizes swift and certain sanctions(SAC)
Project HOPE
If the balanced approach is not actually balanced, then it might be considered a ___ ____
Punitive directions in probation
The practice of offenders paying for all or part of the damage inflicted on persons or property damaged by the offense.
Restitution
A model of justice that is concerned with repairing the damage or harm inflicted through processes of negotiation, mediation, empowerment, and reparation.
Restorative justice
An investigation performed by a probation officer into the legal and social history of a delinquent youth and his or her family, similar to a presentence investigation in adult court.
Social history investigation (predisposition report)
In 2014, probation handled more than 350,000youths who were processed
In some way for delinquency or a status offense by the juvenile court
In juvenile court, the probation presentence investigation may be called a
Social history investigation or a predisposition report.
Police-probation partnership, including searches of the offender’s residence, are an example of
A tough approach to juvenile probation
A number of treatment interventions are effective, including
Cognitive-behavioral and social learning programs
Some current concerns about juvenile probation include the problem of goal confusion and some aspects of both restitution and community service.
Project HOPE, emphasized swift and certain sanctions, has been tried with adult probationers, but it is questionable if such a deterrence model is suitable for juveniles on probation
Probation managers must attempt to implement programs that are effective in a variety of ways, including
Reducing recidivism, meeting offender needs, and satisfying the public
A nonprofit organization the goal of which is to help children reach their potential through professionally supported, one-to-one relationships with volunteer mentors
Big brothers/big sisters
Programs in which the most important element is teaching youths alternative methods for resolving conflicts before they occur
Conflict resolution program
Bringing together adversarial parties in an attempt to arrive at a mutual agreeable solution
Dispute resolution
A school-based, police-taught program aimed at elementary students that attempts to reduce drug use by focusing on enhancing the social skills of the individual
Drug abuse resistance education (DARE) program
A program that targets the earliest stage of a child’s development, specifically when the child is still in the womb, the center piece of which is home visitation by nurses beginning during pregnancy and lasting through the child’s second birthday.
Elmira prenatal/early infancy project
A prevention program addressing risks of educational failure, substance abuse, violence, and delinquency that relies on parents, schools, teachers, the community, and professionals to build family bonds and target risk and protective factors
Families and schools together (FAST)
A strategy involving the community of people most affected by the crime in deciding the resolution of a criminal or delinquent act
Family group conferencing
A cognitive therapy intervention targeting anxiety and stress in youths;what’s it stand for?
FRIENDS
Feelings, Relax, I can try, Encourage, Nurture, Don’t forget-be brave, Stay happy.
A program operated by the bureau of Alcohol, Tobacco, Firearms, and Explosives in which local police officers present a curriculum to middle-school children designed to induce them to resist the pressure to join a gang
Gang resistance education and training (GREAT) program
A federal funded early childhood program designed to provide comprehensive services to young children, and which emphasizes parent engagement
Head Start
A series of interlocking, evidence-based programs for parents, children, and teachers, the goal of which is to prevent and treat young children’s behavior problems and promote their social, emotional, and academic competence
Incredible years program
A new version of the D.A.R.E. program, in which police officers teach a 10-session curriculum to children and adolescents in schools; the focus of the program has shifted from drug prevention to teaching resistance skills; REAL stands for Refuse, Explain, Avoid, and Leave
Keep in’ It REAL
Pairing adult volunteers with youths in need of friendship, emotional support, guidance, and advice
Mentoring
Boards made up of community members that seek to restore victims and community to pre-offense states, require the offender to make amends, and aid the offender in understanding the impact of his or her actions on the victim and community.
Neighborhood reparative boards (NRBs)
Any non accidental infliction of injury that seriously impairs a child’s physical or mental health
Abuse
A common reaction to actual or potential victimization in which an individual stays away from particular locations where or individuals by whom victimization is anticipated.
Avoidance
A variety of actions in which children are harmed; either intentionally or unintentionally.
Child maltreatment
A States method of handling child abuse cases; usually responsible for accepting and investigating reports of abuse and neglect and for removing children from potential or actual abusive situations.
Child protective services
An umbrella organization, independent of the criminal justice system, that brings together child protective services workers, law enforcement officers, the prosecutor’s office, educators, mental health councilors, and medical personnel in an effort to provide a coordinated response and seamless service delivery to maltreated children.
Child Advocacy Center(CAC)
A volunteer advocate for children in child abuse and neglect cases
Court-Appointed Special Advocate (CASA)
The idea that a child who is abused or who witnessed abuse will grow up to be an abuser
Cycle of violence
A civil court devoted to issues involved in divorce, child support, and related matters.
Domestic relations court
A court designed to deal with family matters.
Family courts
An individual appointed by the court to serve as an advocate for a child in a child abuse or neglect case
Guardian ad litem
Testimony given outside the court room, often used for the testimony of children in abuse or neglect cases
In camera testimony
In explanation of child maltreatment, a theory that views child maltreatment as an internal defect of the abuser
Intraindividual theories
A perspective that assumes that the normal, day-to-day behavior of individuals contributes to deviant events; that is, the convergence of motivated offenders, suitable targets, and an absence of guardians allows for the commission of crime
Lifestyle explanations
A voluntary national data collection and analysis system created in response to the requirements of the child abuse prevention and treatment act.
National child abuse and neglect Data System (NCANDS)
A victim survey administered by the U.S. Census Bureau
National crime victimization Survey(NCVS)
The failure to provide life’s essentials to a child
Neglect
The death penalty. The Supreme Court recently ruled that it was unconstitutional for juveniles
Capital punishment
A suggested reform of juvenile court that advocates providing juveniles with all the procedural protections of adult criminal court and offering reduced penalties for juvenile offenders.
Criminalized juvenile court
Elimination of juvenile court jurisdiction over status offenses
Divestiture
The juvenile court’s prerogative to exercise control over juveniles who have committed status offenses
Jurisdiction over status offenders
Writers such as Garland contend that both politics and economics affect the operation of the criminal and juvenile justice systems. For example, Garland argues that current political and economic pressures dictate less emphasis on rehabilitation and greater emphasis on punishment, deterrence, and incapacitation.
Political economy
The concept that most youths can grow up properly and stay out of trouble if they can be attached to the proper social resources, especially prosocial, caring adults.
Positive youth development
A juvenile court focuses on building community so that neighborhoods can better respond to and prevent delinquency. With such a court, communities would be more involved in sentencing through community panels or conferences or dispute resolution programs
Restorative justice juvenile court
Like the dissenting Justice Scalia, some would argue that the death penalty is appropriate for juveniles. Court case making it unconstitutional?
Roper v. Simmons
An approach to juvenile justice that softens the punitive strains of the “get tough” era to rebalance and focus on risk assessment, evidence-based practices, and diversion of less serious offenses
Smart on juvenile justice/the fourth wave/new balance effort
A suggestion that corrections should go beyond providing education and counseling to also focus on such issues as the meaning of life and the importance of personal values in one’s life.
Spiritual dimension in corrections
Courts that go beyond adjudicating and sentencing issues to consider the therapeutic role that the court can take. A prime example is drug courts, which attempt to use the court setting to motivate the offender and offer the offender services that will help solve his/her drug problem
Therapeutic jurisprudence
A suggestion to process juveniles in adult courts that are a type of therapeutic jurisprudence. These juvenile courts would be similar to drug courts in their emphasis on treatment within a court framework.
Youth justice system
According to the NCVS, between _ and _ percent of all youths are victims of a violent crime each year, with a large proportion of the crime happening at ______
4 and 6
School
Formal agencies that respond to child maltreatment include?
Child protective services, the juvenile court, family court, and the adult criminal justice system
Restorative justice takes four primary forms:
Victim-offender mediation, family group counseling, neighborhood reparative boards, and sentencing/peacemaking circles.
What does Currie mean by Therapeutic Darwinism?
Therapist usually but the blame on the kid instead of looking for family and social factors that led to there actions. This leads to the kid either making it or failing
