Test 2: Ch 3-4 Flashcards
Who developed Concentric Zone Theory?
Parks & Burgess
T/F: The Theory of Deterrence was not intended to explain crime, and only control crime using sanctions.
True
Who developed Hedonistic Calculus, and what equation does it attempt to solve?
Jeremy Bentham - how much pain with deter a specific behavior
Prior to Beccaria, who determined crimes and punishments?
Judges; there was no standard system
What court case gave due process rights to juveniles upon waiver?
Kent v. United States (1966)
What four rights did the U.S. Supreme Court give after Kent v. United States (1966)?
- right to a hearing upon a motion or waiver
- right to counsel, state appointed
- right and access to all reports and documents on case
- right to know the reason for waiver; judge must give a written explanation for reasons of waiver
What landmark case gave due process rights to juveniles?
In re Gault (1967)
What four rights did In re Gault (1967) give to juveniles?
- right to an attorney
- right to notice of changes
- right to confront and cross-examine witnesses
- right to remain silent; not self-incriminate
Which amendment protects against self-incrimination?
5th Amendment
After In re Winship (1970), what standard of proof is required for cases where detention is a possible penalty?
Proof behind a reasonable doubt
T/F: McKeiver v. Pennsylvania (1971) gave juveniles the right to a trial by jury.
False, the supreme court ruled that juveniles did not have a right to a jury trial, but that states could choose to provide one.
What amendment protects against double jeopardy?
5th Amendment
According to Breed v. Jones (1975), waiver must take place during ___________ and before ___________.
Why?
disposition; adjudication
Otherwise, the juvenile can be convicted in both courts, thus being convicted for the same crime twice (double jeopardy)
What right and amendment did T.L.O. argue in New Jersey v. T.L.O, in which the New Jersey Supreme court sided with her?
Upon appeal to the U.S. Supreme court by New Jersey, what was ruled?
Right to search and seizure; 4th amendment
The U.S. Supreme court ruled in favor of New Jersey - that search and seizure did not apply to school policy, and is instead based on reasonable suspicion.
What did Scafford United School District #1 v. Redding (2009) rule in regards to the 4th amendment?
The strip-search performed on Redding was unconstitutional based on reasonable suspicion; school officials did not have the evidence required to perform the search
What did Eddings v. Oklahoma (1982) rule regarding the death penalty for juveniles?
The death penalty was not cruel and unusual punishment for juveniles convicted at ages 16 and 17, if mitigating and aggravating circumstances were considered.
What amendment protects against cruel and unusual punishment?
8th amendment
What did Thompson v. Oklahoma (1988) establish in regards to the death penalty for juveniles?
The death penalty was cruel and unusual if applied to juveniles who were under the age of 16 at the time of the crime.
What did Stanford v. Kentucky and Wilkins v. Missouri establish regarding the death penalty for juveniles?
The death penalty was not cruel and unusual if applied to juveniles convicted of murder who were 16 or 17 when the murder was committed
What case determined that the execution of juveniles that commit capital crimes was to be prohibited by all accounts?
Under what amendments?
Roper v. Simmons (2005)
8th and 14th amendments
What amendment ensures due process rights?
5th amendment
What did Graham v. Florida (2010) ban?
Life without parole for juvenile offenders that committed non-homicidal crimes
What did Miller v. Alabama (2012) prohibit?
Which case made this decision retroactive?
Mandatory life without parole for juvenile homicide offenders
Montgomery v. Louisiana (2016)
What is the Rehabilitation Model Policy Application?
The idea that bad choices can be changed with an emphasis on guidance. This was first implemented by Anthony Kennedy
What is the Treatment/Medical Model of Policy Application?
Administering treatment based on symptoms, focused on mentoring and role models and having a good support system.
What is the Non-Interventionist model of policy application based on?
Labeling theory; the idea that the justice system won’t intervene unless necessary, in order to avoid delinquent labels being placed on individuals.
What is the Due Process model of policy application?
The idea that due process rights are given above all else, giving juveniles the same or similar rights as adult offenders.
What is the Justice Model of policy application?
The idea that states focus on the behavior instead of the individual - under this model, juveniles are more likely to be waived
What are the five techniques of neutralization, as proposed by Sykes & Matza?
- Denial of Responsibility: shifting blame to someone else, “it’s not my fault”, situation was out of the control of the offender
- Denial of Injury: “nobody got hurt” by the act, there was no victim, or the act didn’t “actually” cause harm
- Denial of Victim: victim “deserved” what happened, “they had it coming”
- Condemnation of Condemners: shifting focus onto accuser, calling out hypocritical behavior “who are you to…”
- Appeal to Higher Authorities: individual understands rules, but following the rules are not as important as loyalty to others
What does Sutherland’s Differential Association theory tell us about the teaching of drug use?
Males teach females, and males teach males.
Explain Inner and Outer containment from Reckless’s Containment Theory.
- Inner containment: our own self-control, moral code, and coping strategies influence if we engage in crimes or not
- Outer containment: parents guide behavior, this guide becomes society as we age. Desire to fit in with society stops us from engaging in delinquent behavior
What are the three focal concerns of juveniles that Walter Miller theorized?
- Smartness: street smart
- Toughness: showing proof against system
- Autonomy: independence and freedom to not follow rules
