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mental health and juvenile justice > Week 1 > Flashcards

Week 1 Flashcards

1
Q

sources of law

A

US Constitution
Federal Statutes
State Statutes
Administrative Rules and Regulations
Common Law

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2
Q

US Constitution

A

Federal law

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3
Q

Federal Statutes

A

passed by congress
A statute is a law enacted by a legislature. Statutes are also called acts, such as the Civil Rights Act of 1964

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4
Q

administrative rules and regulations

A

ex: Determination of Disability benefits

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5
Q

common law

A

law that is derived by findings of the court system

federal case law
state case law

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6
Q

relevant US Constitutional provisions

A

4th amendment
5th amendment
6th amendment
8th amendment
14th amendment

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7
Q

4th amendment

A

prevents against unreasonable police searches and seizures

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8
Q

5th amendment

A

protects against self incrimination

right to due process
- requires the government to follow fair procedures before depriving a person of life, liberty, or propert

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9
Q

6th amendment

A

right to a speedy trial by impartial jury

right to counsel

right to be informed of charges and confront witness

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10
Q

8th amendment

A

ban against cruel and unusual punishment

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11
Q

14th amendment

A

requires states to guarantee these rights to defendants

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12
Q

US Court System

A

state trial courts (across 50 states) –> intermediate appellate courts (39 of 50 states) –> state supreme courts –> supreme court of the US

US district courts (94 trial courts) –> US Courts of Appeal (13 circuit courts) –> supreme court of the US

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13
Q

Difference between US District Courts and State Trial Courts

A

District courts hear federal cases, such as civil lawsuits against the government and federal crimes. State courts hear state cases, such as contract cases, family law matters, and traffic violations.

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14
Q

US Supreme Court

A
  • 9 justices with lifetime appointments
  • court has both original and appellate jurisdiction (can be the first or last to hear a case)
  • does not hear all cases (100-150/7,000)
  • only hears cases that involve an issue of Federal law (US Constitution) or fall within federal jurisdiction
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15
Q

what do cases heard by SCOTUS usually involve

A

conflict between state courts and/or federal courts about federal law or constitution

state court misapplying or not applying ruling from prior SC case

important cases that will set major precedent or are important to justices

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16
Q

Courts of Appeal (13)

A

once the federal district court has decided a case, the case can be appealed to a US court of appeal

  • there are 12 federal circuits that divide the country into different regions
  • multiple judges hear cases in each court
  • next option for appeal is the US supreme court
  • NY is in the 2nd Circuit

U.S. Court of Appeals for the Federal Circuit brings the number to 13.

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17
Q

District Courts (94)

A

only hear cases authorized by the US constitution of federal statues
- federal judges and SC justices are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Officers during good behavior”

double jeopardy does not apply between state and federal courts

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18
Q

NY Criminal Court Structure

A

Courts of OG Instance –> Intermediate Appellate Courts –> Court of Appeals

Ex:
town courts, city courts, village courts, district courts –> county courts, appellate divisions of the SC –> court of appeals

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19
Q

NY Civil Court Structure

A

Courts of OG Instance –> Intermediate Appellate Courts –> Appellate Divisions of the SC –> Court of Appeals

Ex: city, town, village, district courts –> county, appellate terms of the SC –> appellate divisions of the SC –> court of appeals

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20
Q

state courts: criminal vs civil

A

terminology is different
both need a standard of proof

(different for each)
- purpose of each system
- location of cases
- consequences/outcomes
- procedure/flow of cases

DIFFERENCE
Criminal Court judges can punish you for breaking the law by sending you to jail.
- law violations
Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home.
- settles disputes; suing

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21
Q

standard of proof

A

if you are arguing a case and want to prove the facts of the case

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22
Q

criminal system, standard of proof

A

must prove case beyond a reasonable doubt

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23
Q

beyond a reasonable doubt

A

evidentiary standard used in criminal courts to establish guilt or innocence of criminal defendant and utilized in delinquency proceedings

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24
Q

civil system, standard of proof

A

preponderance of the evidence

51% sure, level of certainty has to be majority

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25
Q

adolescents and the courts

A

when criminal charges are brought against an individual under 18, they are charged with either delinquent act or a crime, depending upon age and nature of alleged act

  • youth charged with a crime may be prosecuted in juvenile/family court OR adult court, depending upon the jurisdiction
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26
Q

adult criminal courts - NY

A

greater focus on punishment vs rehabilitation

option for bail

jury trials are guaranteed

all states have a mechanism for trying adolescents as adults, sometimes at a young age depending upon the crime charged

EX: 13 year old can be charged in adult court if accused of murder in the 1st degree

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27
Q

family courts in NY

A

“exclusive jurisdiction” over certain cases involving families and children
- child maltreatment
- state offenses (PINS/CHINS)
- juvenile delinquency

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28
Q

juvenile delinquency

A

youth charged with a “delinquent act”
- would be a crime if charged as an adult
- faster case process
- shorter sentences, more rehabilitation options

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29
Q

minimum age of prosecution

A

none specified: 27 states

6: North Carolina

7: Connecticut and NY

8: Washington

10: 15 states

11: Nebraska

12: California, Massachusetts, Utah

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30
Q

Raise the Age Legislation

A

prior to October 2018, all 16 and 17 year olds were automatically processed in adult criminal court, regardless of charge

after October 2018:
- 16 and 17 year olds accused of non-violent crimes (typically misdemeanors) begin in Family Court
- 16 and 17 year olds accused of violence crime are still charges in adult court (youth part)
- young people no longer permitted to be housed in adult facilities or jails (all youth moved off Rikers Island to secure juvenile detention)

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31
Q

raising the minimum age of arrest

A

NY recently raised the minimum age of arrest and prosecution from 7 to 12

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32
Q

court process of adolescents

A

arrest –> intake –> initial appearance –> fact-finding or trial –> disposition or sentence

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33
Q

standard for fact finding (trial)

A

beyond a reasonable doubt

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34
Q

standard for disposition (sentencing)

A

best interests of the youth and protection of the community

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35
Q

family court

A

dispositions include probation, conditional discharge, placement away from home

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36
Q

adult court

A

sentencing options include probation, conditional discharge, prison time

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37
Q

STATS - JUVENILE ARRESTS

A

29% female
64% white
29% under the age of 15
NY –> mainly black individuals

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38
Q

2020 states - juvenile arrests

A

in 2020 - 424,000 juveniles were arrested in the US
- 7% for violent crimes
- 18% for property crimes
- 17% for assault
- 9% for drug violations

juvenile arrests accounted for 6% of all arrests in 2020

50% decrease since 2016

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39
Q

STATS - GENDER AND ARREST

A

58% decrease in the rate of juvenile arrests since 2007, but rate of female arrests has increased

noticeable increase iim girls’ entry into jj system
- in 1992, females represented 19% of all juvenile arrests
- now, 29%

substantial decline in the gender gap in serious offending over the past several decades

40
Q

STATS - YOUTH IN RESIDENTIAL FACILITIES

A

36,479 youth are residing in a residential facility on a juvenile or criminal court case

in 2018 - 3,400 youth under age 17 were in adult jail settings

the average state cost for the secure confinement of a young person is now $588 per day
- 44% increase from 2014

41
Q

STATS - RATES OF MENTAL ILLNESS

A

70% diagnosed with at least one psychiatric disorder

high rates of learning disorders, history of special education, and diagnosis of intellectual disability

most common:
- ADHD
- Cannabis Use Disorder
- Conduct Disorder
- PTSD

disproportionate representation of mental health disorders

42
Q

overall timing for juvenile offending

A

some degree of delinquent behavior is normative in adolescence
- increase in frequency of between the preadolescent and adolescent years

onset of serious delinquency typically begins between ages 13 and 16 - downward trend with age e

youth who engaged in delinquent behavior at an earlier age have a higher risk of becoming chronic, and often more seizures, offenders

criminalization of black and brown youth

43
Q

status offenses

A

violations committed by specific juveniles

EX: runaway, truancy, unruly behavior, liquor law violations, curfew violations

not a crime if committed by an adult

44
Q

status offenders

A

juveniles who commit such infractions (status offenses)

45
Q

juvenile delinquents

A

juveniles who engage in acts that are categorized as crimes
Any youth under a specified age who has violated a criminal law or engages in disobedient, indecent, or immoral conduct and is in need of treatment, rehabilitation, or supervision

46
Q

Juvenile Justice and Delinquency Prevention Act (JJDPA)

A

enacted in 1974
encouraged states to remove their status offenders from secure institutions where they were being held
- secure juvenile residential or custodial facilities

  1. To remove juveniles who were involved in status offenses from secure detention of juvenile correctional facilities within two years of the legislation
  2. To make certain that youth were not held in facilities where they would have contact with adults convicted of a crime
47
Q

juvenile justice system

A

similar to criminal justice

consists of a network of agencies, institutions, organizations, and personnel that processes juvenile offenders

48
Q

criminal justice

A

system of governments directed at mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts

49
Q

law enforcement agencies

A

law enforcement
law department
- lawyers who try to prove you committed an offense

50
Q

prosecution and the courts

A

the act or process of holding a trial against a person who is accused of a crime to see if that person is built

51
Q

systems have a common set of core principles that distinguish them from criminal courts of adult offenders

A
  1. limited jurisdiction (up to age 18 in most dates)
  2. informal proceedings
  3. focus on offenders, not their offenses
  4. indeterminate sentences
  5. confidentiality
52
Q

juvenile justice - process

A

focuses on different actions in dealign with juvenile offenders at various stages in the juvenile justice system

53
Q

juvenile justice - system

A

suggests coordination among elements in an efficient production process

54
Q

juvenile offenders

A

those under the age of 18 (7-17) committing crimes
- those really young are likely to be treated rather than punished

55
Q

US District Court judge or a magistrate handles juvenile cases in a separate session

A

No such thing as a juvenile court

States vary with lowest maximum age for juvenile court jurisdiction
- North carolina = 15

Some states have no minimum age limit

56
Q

parens patriae

A

a concept that originated with the King of England (12 century)
“the father of the country”
- the king is in charge of, makes decisions about, and has the responsibility for all matters involving juveniles

this doctrine counties in juvenile court jurisdictions in the US

57
Q

get-tough movement

A

emphasizes swiffer, harsher, and more certain justice and punishment than the previously dominant, rehabilitative philosophy of American courts
- Youth are viewed as mini adults

58
Q

juvenile delinquency

A

The violation of any law of the US by a person before his or her 18th birthday that would be a crime if committed by an adult

59
Q

runaways

A

Youth who leave their homes, without permission or their parents’ knowledge, and who remain away from home for periods ranging from a couple of days to several years

60
Q

truants

A

Those who absent themselves from school without school or parental permission

61
Q

curfew violators

A

Youth who remain on city streets after specified evening hours when they are prohibited from loitering or are not in the company of a parent or guardian

62
Q

stigmas/stigmatization

A

labels
youth acquire these
- “delinquents”
- “deviants”

63
Q

Office of Juvenile Justice and Delinquency Prevention (OJJDP)

A

Agency established by Congress under the Juvenile Justice and Delinquency Act of 1974; funds research, assists states, and disseminates data and information on juvenile prevention initiatives and treatment groups

64
Q

Deinstitutionalization of status offenders (DSO)

A

removal of youth from secure institutions

Refers to the removal of status offenders from secure juvenile institutions, such as state industrial or training schools

65
Q

Disproportionate minority confinement (DMC)

A

Requirement prompted states to investigate why minority youth were incarcerated at a higher rate and to develop strategies to address the imbalance

66
Q

three outcomes of DSO

A
  1. the number of status offenders in secure confinement has been reduced
  2. net widening
  3. relabeling
67
Q

net widening

A

bringing youth into the juvenile justice system who haven’t been involved in the system previously

when diversion programs are offered to youth who would not otherwise be involved in the justice system. Net widening occurs when the number of youth processed by the juvenile justice system increases due to diversion programs

68
Q

relabeling

A

defining youth as delinquent or emotionally disturbed who in the past would have been defined and processed as status offenders

69
Q

differences between adult and juvenile courts (7)

A
  1. Juvenile courts are civil proceedings designed for juveniles; criminal courts are proceedings designed to try adults
    convictions
  2. Juvenile proceedings are more informal; criminal proceedings are more formal
  3. Juveniles are not entitled to a trial by jury; criminal proceedings are entitled to one if the crime or crimes they are accused of committing carry a possibility of incarceration for more than six months
  4. juveniles=non-adversarial; criminal courts=adversarial proceedings
  5. juvenile proceeding transcripts are made only if the law authorizes them; criminal courts are courts of record
  6. juvenile civil standard is less rigorous - preponderance of the evidence; criminal court is standard of proof
  7. juvenile court penalties are limited; range of penalties in criminal court cases (longer)
70
Q

convictions

A

Judgments of a court, based on jury or judicial verdict or on the guilty pleas of defendants, that the defendants are guilty of the offenses alleged

71
Q

adversarial proceedings

A

Opponent-drive court litigation in which one side opposes the other

72
Q

courts of record

A

Courts in which a written record is kept of court proceedings

73
Q

court reports

A

Record all testimony presented in most criminal courts

74
Q

preponderance of the evidence

A

Standard used in civil courts to determine defendant or plaintiff liability and in which the result does not involve incarceration

75
Q

taken into custody

A

arrest

76
Q

jail removal initiative

A

States are encouraged to avoid holding juveniles in adult jails, even for short periods

77
Q

preventive detention

A

Authority to detain suspects before trial without bail when suspects are likely to flee from the jurisdiction or pose serious risks to others

  • SCOTUS held that this of juveniles for brief periods can bee used without violating their constitutional rights
78
Q

pretrial detention

A

Holding delinquent or criminal suspects in incarcerative facilities pending their forthcoming adjudicatory trial or hearing

  • presupposes a forthcoming trial of those detained and preventive detention does not, both terms are used interchangeably
79
Q

referrals

A

Notifications made to juvenile court authorities that a juvenile requires the court’s attention

  • can be made by parents, school principles, teachers, neighbors, etc
80
Q

petition

A

An official document filed in juvenile court on the juvenile’s behalf that specifies the reasons for the youth’s court appearance

81
Q

intake officer

A

Juvenile probation officer or other court representative who conducts screenings and preliminary interviews with alleged juvenile offenders and their families

82
Q

intake

A

Critical phase in which a determination is made by a juvenile probation officer or other official to release juveniles, detain juveniles in formal detention facilities for a later court appearance, or release them to parents, pending a later court appearance

83
Q

screening

A

Procedure that is involved in intakes ^

84
Q

intake hearings

A

Where information and explanations are solicited from relevant individuals, such as police, parents, school officials, or victims

85
Q

adjudication

A

A judgment or action on the petition filed with the court

Ex: if the petition alleges that the youth is delinquent, the judge determines whether this is so

86
Q

adjudication hearing

A

Formal proceeding involving a prosecuting attorney and a defense attorney in which evidence is presented and the juvenile’s involvement is determined by the juvenile judge

87
Q

dispose

A

To decide the sanction to be imposed on a juvenile following an adjudication hearing

88
Q

dispositions

A

sanctions/penalties

89
Q

normal dispositions

A

Either verbal warnings or reprimands and are the least punitive dispositional options

90
Q

conditional dispositions

A

involve probation, which is the most frequently impose sanction

91
Q

restorative justice

A

Offenders and their victims are brought together for the purpose of mediation

Goals
1. Promote public safety and the protection of the community
2. Heighten accountability of youth toward victims and the community for offenses committed

92
Q

custodial dispositions

A

Either non secure or secure options resulting from a delinquency adjudication

93
Q

nonsecure custody

A

Nonsecure confinement

Custodial disposition in which a juvenile is placed in a group home, foster care, or other nonsecure residential setting where he or she is permitted to leave with permission of parents, guardians, or supervisors

94
Q

secure custody

A

Secure confinement

Incarceration of juvenile offender in a facility that restricts movement in the community

95
Q

hard time

A

Confinement in state industrial or reform schools for juveniles (equivalent of incarceration in a state prison for adults)

96
Q

In the adult system = parole
Juvenile system = aftercare

A

When juveniles have completed a specified period of time in a residential setting, they usually are considered for release by a juvenile paroling authority

  • If selected, the youth undergo a period of supervision under an appropriate state or community agency
97
Q

solitary confinement - what is it and how does it apply to juveniles

A

Solitary confinement is a practice where an incarcerated individual is placed in a cell alone with minimal to no contact with other people, often for extended periods, essentially isolating them physically and socially;

when applied to juveniles, this means isolating young people in a cell for most of the day, which can have severe and lasting negative psychological effects due to their developing brains, often considered a form of child abuse and widely condemned by experts

mental health and juvenile justice (9 decks)

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