Week 6 review Flashcards

1
Q

how many full time judges are there in the juvenile division?

A

5

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2
Q

how do juvenile court judges get their positions?

A

they are elected by the governor

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3
Q

is there a jury in juvenile court proceedings?

A

no, all trials are bench trials

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4
Q

T/F: the rules of evidence in juvenile cases are the same as criminal adult cases

A

true

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5
Q

what is the goal of adult court?

A

punitive

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6
Q

what is the goal of juvenile court?

A

rehabilitative

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7
Q

who is a juvenile?

A

anyone under age 18

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8
Q

what type of crimes start in adult court but may be transferred to juvenile courts?

A

class 1 or class 2 felonies

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9
Q

who can never be charged as an adult?

A

juveniles under age 14

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10
Q

which cases start in juvenile court and then may be transferred to adult court?

A

class 3 or class 4 felonies

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11
Q

what are the 2 tracks in the juvenile system?

A

(1) juvenile justice track and (2) child welfare system

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12
Q

what are the 3 decisions a juvenile division prosecutor can make in the juvenile justice track?

A
  1. decline (nolle prosequi)
  2. diversion
  3. file a case against the juvenile
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13
Q

why would a prosecutor decline to prosecute a case?

A

insufficient evidence

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14
Q

if a juvenile is cited for a misdemeanor, which court do they go through?

A

adult court

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15
Q

of the 3 decisions a juvenile division prosecutor can make, what is the most common?

A

diversion

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16
Q

where does diversion start?

A

at the juvenile assessment center (JAC)

17
Q

what happens once a juvenile completes diversion?

A

the record is sealed (the incident is deemed to never have occurred)

18
Q

what is the purpose behind diversion?

A

completely rehabilitate the juvenile

19
Q

when a juvenile is booked, what is that called

A

detention (as opposed to incarceration for adults)

20
Q

how long can a juvenile be detained?

A

until the next day

21
Q

does detention count as time served?

22
Q

what are status offenses?

A

offenses that are illegal b/c of the offender’s age (ex. underage drinking of alcohol)

23
Q

what is the child welfare system track used for

A

abuse and neglect cases

24
Q

who are the only people that can remove victims of abuse w/out a court order?

A

the police (and only exigent circumstances)

25
what is crossover?
when a juvenile is in both the juvenile justice track and the child welfare system
26
what is the accredited child welfare center in Omaha?
project harmony
27
what motion is filed by the state to terminate parental rights?
motion to terminate parental rights
28
what is the BOP in a motion to terminate parental right?
clear and convincing evidence
29
what happens when a motion to terminate is granted?
all parental ties are severed
30
what is the BOP for child welfare cases
preponderance of the evidence
31
what is the purpose behind the child welfare system?
make the parent a better parent
32
what is a common drug charge seen in the child welfare system?
drug charges when the child is born w/ meth in system
33
what is a trial called in the juvenile court system?
adjudication
34
what is the difference b/t detained and incarcerated?
detained applies for kids and incarceration is for adults
35
what are the 3 most common status offenses?
(1) alcohol (2) truancy (3) runaway
36
what is one facility in Omaha that is a group home that is nationally recognized?
Boys Town