Test 2: Ch 3-4

Question 1

Who developed Concentric Zone Theory?

Answer 1

Parks & Burgess

Question 2

T/F: The Theory of Deterrence was not intended to explain crime, and only control crime using sanctions.

Answer 2

True

Question 3

Who developed Hedonistic Calculus, and what equation does it attempt to solve?

Answer 3

Jeremy Bentham - how much pain with deter a specific behavior

Question 4

Prior to Beccaria, who determined crimes and punishments?

Answer 4

Judges; there was no standard system

Question 5

What court case gave due process rights to juveniles upon waiver?

Answer 5

Kent v. United States (1966)

Question 6

What four rights did the U.S. Supreme Court give after Kent v. United States (1966)?

Answer 6

• 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

Question 7

What landmark case gave due process rights to juveniles?

Answer 7

In re Gault (1967)

Question 8

What four rights did In re Gault (1967) give to juveniles?

Answer 8

• right to an attorney
• right to notice of changes
• right to confront and cross-examine witnesses
• right to remain silent; not self-incriminate

Question 9

Which amendment protects against self-incrimination?

Answer 9

5th Amendment

Question 10

After In re Winship (1970), what standard of proof is required for cases where detention is a possible penalty?

Answer 10

Proof behind a reasonable doubt

Question 11

T/F: McKeiver v. Pennsylvania (1971) gave juveniles the right to a trial by jury.

Answer 11

False, the supreme court ruled that juveniles did not have a right to a jury trial, but that states could choose to provide one.

Question 12

What amendment protects against double jeopardy?

Answer 12

5th Amendment

Question 13

According to Breed v. Jones (1975), waiver must take place during ___________ and before ___________.

Why?

Answer 13

disposition; adjudication

Otherwise, the juvenile can be convicted in both courts, thus being convicted for the same crime twice (double jeopardy)

Question 14

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?

Answer 14

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.

Question 15

What did Scafford United School District #1 v. Redding (2009) rule in regards to the 4th amendment?

Answer 15

The strip-search performed on Redding was unconstitutional based on reasonable suspicion; school officials did not have the evidence required to perform the search

Question 16

What did Eddings v. Oklahoma (1982) rule regarding the death penalty for juveniles?

Answer 16

The death penalty was not cruel and unusual punishment for juveniles convicted at ages 16 and 17, if mitigating and aggravating circumstances were considered.

Question 17

What amendment protects against cruel and unusual punishment?

Answer 17

8th amendment

Question 18

What did Thompson v. Oklahoma (1988) establish in regards to the death penalty for juveniles?

Answer 18

The death penalty was cruel and unusual if applied to juveniles who were under the age of 16 at the time of the crime.

Question 19

What did Stanford v. Kentucky and Wilkins v. Missouri establish regarding the death penalty for juveniles?

Answer 19

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

Question 20

What case determined that the execution of juveniles that commit capital crimes was to be prohibited by all accounts?

Under what amendments?

Answer 20

Roper v. Simmons (2005)

8th and 14th amendments

Question 21

What amendment ensures due process rights?

Answer 21

5th amendment

Question 22

What did Graham v. Florida (2010) ban?

Answer 22

Life without parole for juvenile offenders that committed non-homicidal crimes

Question 23

What did Miller v. Alabama (2012) prohibit?

Which case made this decision retroactive?

Answer 23

Mandatory life without parole for juvenile homicide offenders

Montgomery v. Louisiana (2016)

Question 24

What is the Rehabilitation Model Policy Application?

Answer 24

The idea that bad choices can be changed with an emphasis on guidance. This was first implemented by Anthony Kennedy

Question 25

What is the Treatment/Medical Model of Policy Application?

Answer 25

Administering treatment based on symptoms, focused on mentoring and role models and having a good support system.

Question 26

What is the Non-Interventionist model of policy application based on?

Answer 26

Labeling theory; the idea that the justice system won’t intervene unless necessary, in order to avoid delinquent labels being placed on individuals.

Question 27

What is the Due Process model of policy application?

Answer 27

The idea that due process rights are given above all else, giving juveniles the same or similar rights as adult offenders.

Question 28

What is the Justice Model of policy application?

Answer 28

The idea that states focus on the behavior instead of the individual - under this model, juveniles are more likely to be waived

Question 29

What are the five techniques of neutralization, as proposed by Sykes & Matza?

Answer 29

• 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

Question 30

What does Sutherland’s Differential Association theory tell us about the teaching of drug use?

Answer 30

Males teach females, and males teach males.

Question 31

Explain Inner and Outer containment from Reckless’s Containment Theory.

Answer 31

• 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

Question 32

What are the three focal concerns of juveniles that Walter Miller theorized?

Answer 32

• Smartness: street smart
• Toughness: showing proof against system
• Autonomy: independence and freedom to not follow rules