chapter 12 Flashcards

1
Q

where does the juvenile justice system fall under.

civil law or criminal law

A

civil law

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2
Q

what are delinquents

A

juveniles who commit acts that are criminal when committed by adults

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3
Q

what is status offenses

they exist because juveniles lack maturity to make the right choices so the criminal justice becomes a second parent.

A

actions that are legal for adults such as smoking,drinking, not obeying parents, staying out, illegal to juvenils.

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4
Q

age crime curve meaning?(regularity in crinimogology)

A

an increase in offending in early adolescence, a peak during mid-adolescence, and a decline during early adulthood

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5
Q

do teenagers after reaching 28 commit more crimes

A

no because there frontal lobe has developed.

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6
Q

LCP offenders start during puberty and continue well into…and why?

lcp (Latter life course persistent) tend to commut serious crimes.

A

adulthood. due to low IQ,inattentiveness, negative emotionality due to genetic or envi effects.

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7
Q

whats AL offenders and do they carry their deliquency to adult life?

A

AL (adolescent limit) temporary frontal lobe activity. they dont have the burdened with neuropsychological problem. their crimes are based on normal transitional events.

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8
Q

what was the cut off age between juveniles and adults back in the day

A

the minium was 8 then it ranged from 6-10. then christianyty moved it up to 7-14. 14 was ok cuz that was when they were rational and responsible to marry.

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9
Q

what is parens patriae?and what was it created

formated on the english chancery courts.

A

“father of his country” state as parents. the right for the state to intefere in loco parentis(in place of parents)

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10
Q

what was created because of the concern of children were begging and vagrancy.

which one was the first one and when

A
  • workhouses
  • bridewell in 1555
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11
Q

how were workplaces and bridewells like and what was the outcome they were expecting?

A

the places were dank, harsh, and sbuve. yet the idea is what held it cuz if they took children of the streets they wouldnt be tight to that life anymore.

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12
Q

new york house of refuge WORKED?

how were the conditions?

A

yes they were required to work and bring income to the institutions. they were forced to work long hrs, with no training or none and mistreated.

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13
Q

what is ex parte crouse and why was it created

A

cuz poor parents placed there kids for poor behaviors in them. so there had to be standards for admission

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14
Q

where was the first juvenile court and what did they combine?

they were protective and rehabilitative nature

A

cook country,illnois created a seperate court system for juveniles. these courts combines the authority of social control and a parents view.

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15
Q

judicial waiver

what do they need?who decides

A

rape then murder the victim, so they waive it to an adult court. they need a petition and probable cause and for it to be beyond the juvenial court system.the judge.

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16
Q

what is an informal probation n wats the name of it

also known as diversion

A

probation without a formal adjuducation of deliquency(found guilty)

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17
Q

when a juvenile is found not guilty are they just let go free?

A

no under the principle of parens patriae they have the power to intervene in a childs life even after they have been found not guilty.

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18
Q

what happens when the juvenile court does not accept jurisdiction?

waived (transferred) to an adult court

A

the case is sent to the adult court

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19
Q

why are cases waiver?

A

when the juvenile have committed serious crimes, and have exhausted the resources of teh juvenile system

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20
Q

what are the three primary ways juveniles can be waiver to criminal court?

A
  1. judidical waiver
  2. prosecutorial discretion
  3. statutory exclusion
21
Q

judicial waiver

A

deciding after a full inquiry that the juvenile should be waived. in some states is mandatory if met (the criteria )

22
Q

prosecutorial discretion

mimited by age and seriouness of the offense

A

allow prosecutors to file a case in either adult or juvenile court. if they go straight to adult court they can bypass the court.

23
Q

statutory exclusion:

A

mandatory for serious offenses after an older certain age.

24
Q

the supreme court was hands off until which case of juveniles?

what was the case about? in this case they began the process of fomalizing the juvenile system(constitutonal rights)

A

kent v united states, 16 year old kent broke into a women apt raped her and stole her wallet. he was waived to a adult court because instead if he had been in a juvenile court he would have been 5 year max.(until 21)

25
Q

does a juvenile get due process?

A

no they get no constitutional rights because there kids, just treatment.

26
Q

what did the case in re gault do?

A

in this establish five basic constituonal rights
1. the right to proper notification of charges
2. the right to legal counsel
3. the right to confront witnesses
4. the right to privilgue against self incriminiation
5. the right to appellate review all of which had been denied to gault.

27
Q

what happen in the case in re winship?

A

the supreme court rules that when the possibility of commitment to a secure facility is a possibility the beyond a resonable doubt.

28
Q

in mckeive v pennsylvania do?

which asked do juveniles have the right to a jury trial during adjudication hearing?

A

the court rules that they do not. they can have due process rights but they dont need to.

29
Q

schall v martin

A

juveniles can be charged with a deliquent act is constitutional

30
Q

thompsonv v oklahoma

A

it drew the line that the death penalty shouldnt be used for people 16 and under

31
Q

amicus curiae briefs

A

court arguing in supoor of one side or the other by interested parties not directly involved in the case

32
Q

roper v simmons

A

redrew the line at 18

33
Q

atkins v virginia

A

you cant execute people and give thme unsual crual ounishment due to their cognitive disabilities

34
Q

what is the goal of the juvenile justice system

A
  1. protect the community
  2. to hold deliquent youths accountable
  3. to provide treatment and positive role models for youths.
35
Q

what is the most lenient disposition of a case?

an agreement is reached between the juvenile and the probabtion officer without any formal court apperance.

A

deferred adjudication.

36
Q

predisposition reports

in probabtion probabtion officers under the parens patriae become their surrogate parent.

A

reports, to help classify into probabtion or something else

37
Q

what is the last method before incarceration? and how probation officers for them?

A

intesive supervision probatio. they tipically have 15-20 juveniles and can carry a gun, and most have daily contact with them, with the help of organizations.

38
Q

whats other forms of more intensive supervision

A

electric monitoring and house arrest.

39
Q

community service order

A

to help the community for a certain amount of hours to compensate the community.

40
Q

restorative justice

use instead of the get touch however it doesnt work for all because some victims want there offenders to be punished.

A

repairing the harm that has been caused by the act, face to face confrotnation between the victim and offender. to agree apound a solution.

41
Q

residential facility and residential treatmnet center are?hows the behavior of the people taking care of the juveniles?

also wilderness(better than ) or survial programs.

A

like halfways house is things not more than probabtion but not as bad as jail. there is no spitting in their faces instead theres guides.

42
Q

what are group homes

operated by pribate organization

A

they specialize in some form of programming such as drug tretment or trouble girls. they remain in communities and attend school

43
Q

short term facilities

corrections facility

A

reception and detention centers aka jails. kids might be held while awaiting release from parents

44
Q

long term facilities, what race is overpresented?

A

housing juveniles after adjudication. chornic offenders. racial ethnic minority youths are overpresented

45
Q

whats the most major difference between juveniles and adult facilities?

whats the new rule about facilities

A

juveniles facilities are considerably much more money, do to the programs required. mandated that only juveniles who commit serious crimes should be placed in faicilities.

46
Q

In ______, the Court ruled that juveniles can be held in pretrial preventive detention when charged with a delinquent act.

A

schall v martin

47
Q

Based on your understanding of life course–persistent offenders, which juvenile offender would you most expect to continue to offend throughout his or her life?

A

the offender who shows negative emotionality and struggles to pay attention

48
Q

Until about 300 years ago, children were considered not much different from ______.

A

property