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?

A

no

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
Q

what is crossover?

A

when a juvenile is in both the juvenile justice track and the child welfare system

26
Q

what is the accredited child welfare center in Omaha?

A

project harmony

27
Q

what motion is filed by the state to terminate parental rights?

A

motion to terminate parental rights

28
Q

what is the BOP in a motion to terminate parental right?

A

clear and convincing evidence

29
Q

what happens when a motion to terminate is granted?

A

all parental ties are severed

30
Q

what is the BOP for child welfare cases

A

preponderance of the evidence

31
Q

what is the purpose behind the child welfare system?

A

make the parent a better parent

32
Q

what is a common drug charge seen in the child welfare system?

A

drug charges when the child is born w/ meth in system

33
Q

what is a trial called in the juvenile court system?

A

adjudication

34
Q

what is the difference b/t detained and incarcerated?

A

detained applies for kids and incarceration is for adults

35
Q

what are the 3 most common status offenses?

A

(1) alcohol
(2) truancy
(3) runaway

36
Q

what is one facility in Omaha that is a group home that is nationally recognized?

A

Boys Town