Chapter 1 Flashcards Preview

Juvenile Justice: Doctorate > Chapter 1 > Flashcards

Flashcards in Chapter 1 Deck (34)
Loading flashcards...

Created nearly 2000 years ago with origins in both Roman civil law and later canon (church) law. It made distinctions between juveniles and adults based on the notion of a minimum age of responsibility.

Age of Responsibility


The U.S. Supreme Court ruling that trying a juvenile as an adult in criminal court for the same crime that previously had been adjudicated in juvenile court violates the double jeopardy clause of the Fifth Amendment when the adjudication involves violation of a criminal statute.

Breed v. Jones


Courts that operated under the guidance of the king's chancellor and were created to consider petitions of those in need of special aid or intervention, such as women and children left in need of protection and aid by reason of divorce, death of a spouse, or abandonment, and to grant relief to such persons. Through the chancery courts, the king exercised the right of parens patriae.

Chancery Courts


Mid-19th-century movement in the U.S. that sought to rescue children from unwholesome and dangerous environments. A fundamental tenet of the movement was that juveniles should receive treatment rather than punishment.

Child-Savers Movement


Law based on custom or use. Under common law, children under the age of 7 were presumed to be incapable of forming criminal intent and, therefore, were not subject to criminal sanctions.

Common Law


The period between 1899 and 1967 in the U.S. During this era, juveniles were considered not as miniature adults but rather as persons with less than fully developed morality and cognition.

Era of Socialized Juvenile Justice


The U.S. Supreme Court ruling that in hearings that may result in institutional commitment, juveniles have the right to counsel, the right to confront and cross-examine witnesses, the right to remain silent, the right to a transcript of the proceedings, and the right to appeal.

Gault case


A 2010 decision by the Supreme Court of the U.S. in which it was held that juvenile offenders cannot be sentenced to life imprisonment without parole for nonhomicide offenses.

Graham v. Florida


The U.S. Supreme Court ruling that because juvenile courts are not criminal courts, the constitutional rights guaranteed to accused adults do not apply to juveniles.

Holmes case


A type of institution founded during the 1820s to house vagrant and criminal juveniles. Houses of refuge are a typical example of Enlightenment-era juvenile justice reforms.

House of Refuge


Latin term meaning "in the place of parents."

In Loco Parentis


A 2011 U.S. Supreme Court case heard at the same time as Miller v. Alabama where the Court held that mandatory sentences of life in prison without the possibility of parole are unconstitutional for juvenile offenders.

Jackson v. Hobbs


U.S. Supreme Court ruling that during waiver hearings, juveniles are entitled to a hearing that includes the essentials of due process required by the Fourteenth Amendment.

Kent case


Formal and official approach with strict adherence to constitutional safeguards.

Legalistic Approach


U.S. Supreme Court ruling that the due process clause of the Fourteenth Amendment does not require jury trials in juvenile court.

McKeiver v. Pennsylvania


Latin term for "guilty mind." It centers on the question of when and under what circumstances children are capable of forming criminal intent.

Mens Rea


A 2012 U.S. Supreme Court case in which the Court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.

Miller v. Alabama


A 2016 U.S. Supreme Court case in which the Court found that its previous ruling in Miller v. Alabama (2012) (that a mandatory life sentence without parole should not apply to juveniles convicted of murder) should be applied retroactively.

Montgomery v. Louisiana


Concept of the monarch as "father of the country." It is an ancient English doctrine allowing the state to intervene as a surrogate parent in the best interests of children whose parents have failed in their duties to protect, care for, and control them.

Parens Patriae


The period from 1900 to 1918 characterized by extensive social reform including the growth of the women's suffrage movement, the campaign against child labor, and the fight for the 8-hour workday.

Progressive Era


Juvenile facilities established during the child-savers era in the mid-19th-century U.S. They were a programmatic counterpoint to houses of refuge in that the reform schools sought to create a nurturing environment rather than a harsh correctional one. Education and trade or craft were emphasized, as were homelike environments.

Reform Schools


A 2005 case in which the U.S. Supreme Court held that states cannot execute offenders who are under the age of 18.

Roper v. Simmons


Informal and unofficial approach, being grounded in approaches that emphasize treatment and/or casework.

Therapeutic Approach


U.S. Supreme Court ruling that the standard of proof for conviction of juveniles should be the same as that for adults in criminal court - proof beyond a reasonable doubt - in juvenile court proceedings involving delinquency.

Winship case


In the 15th century, _______ were created by the King of England to consider petitions of those who were in need of special aid intervention.

Chancery Courts


During the era of socialized juvenile justice in the U.S., the primary focus was _______.

Treatment and rehabilitation of youth


By incorporating the doctrine of parens patriae, the juvenile court was to act in the best interests of children through the use of ______.

Noncriminal proceedings


In 2005, in the case of _______, the U.S. Supreme Court reversed a 1989 precedent and struck down the death penalty for crimes committed by people under the age of 18.

Roper v. Simmons


In 2012, the U.S. Supreme Court ruled that imposing mandatory life sentences in juvenile justice systems violates the 8th Amendment in the case of _____.

Miller v. Alabama


Both the legalistic and therapeutic approaches lead observers to believe that if the juvenile justice court survives, major changes in its underlying ______ are likely to occur.