Chapter 13 Flashcards
1
Q
An independent juvenile court is a specialized court for
A
children
2
Q
An independent juvenile court promotes …and ensures procedural due process and acts both in the best interest of the…and…
A
rehabilitation; child; public protection
3
Q
In 2011, approximately…delinquent cases were referred to juvenile court
A
1.236 million
4
Q
…of delinquent cases involve males; …involved females
A
72%; 19%
5
Q
…of delinquent cases involved African American youth
A
33%
6
Q
Courts must provide counsel to…who face the possibility of incarceration
A
indigent youth
7
Q
Role of defense attorney is to
A
help clarify jurisdictional problems, decide if there is sufficient evidence to file formal petition, outline position, explore informal adjustment opportunities, play critical role in disposition and pursue appeals if needed
8
Q
Guardian ad litem (GAL)
A
A court-appointed attorney who protects the interests of the child in cases involving the child’s welfare.
9
Q
Guardian ad litem (GAL) is seen in
A
abuse, neglect, and dependency cases
10
Q
Guardian ad litem is appointed in delinquency cases if there is a need for
A
treatment
11
Q
Court Appointed Special Advocates (CASA) are volunteers who:
A
advise court about child placement
12
Q
Three ways to ensure public defense for juveniles:
A
All public defender program
Appointed private-counsel system
A combination of the two
13
Q
The prosecutor is responsible for…and has the power to…
A
bringing state’s case against accused juvenile; to initiate or discontinue delinquency or status offenses cases
14
Q
Juvenile court judge is the…character in the juvenile court
A
central
15
Q
Parens patriae
A
The power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent.
16
Q
Duties of a juvenile court judge include:
A
Ruling on pretrial motionsDeciding about continued detention of juvenile Accepting or rejecting plea-bargaining agreementsHandle trials, rule on evidence/procedures, guide questioning of witnessesAssume responsibility for holding disposition hearing Handle waiver proceedingsHandle appeals when needed
17
Q
Many decisions are made during the pretrial process and the juvenile trial and disposition:
A
Whether to waive youths to the adult courtWhether to treat them in the community or send them to a secure treatment center
18
Q
The attorney for the social services agency presents an overview of the case, and a plea bargain or negotiated settlement can be agreed to in a consent decree.
A
pretrial conference
19
Q
The social service agency presents its case plan and recommendations for care of the child and treatment of the parents, including incarceration and counseling or other treatment.
A
disposition hearing
20
Q
After custody and formal petition, the decision must be made to
A
release or detain
21
Q
Detention involves placing juvenile in
A
temporary care of state in a physically restrictive setting
22
Q
Detention is limited to juveniles who require
A
secure custody for protection of self or others
23
Q
Dependent, neglected, and abused youths are often housed with
A
status offenders and delinquents in detention
24
Q
Current efforts seek to remove status offenders from
A
secure detention
25
A New Jersey study found that..of detained youths were inappropriately detained
¼
26
...in...juvenile arrests result in detention
one in five
27
The typical detainee is
MaleOver 16 Charged with violent crime
28
Detention increases risk of being
adjudicated
29
...youths are more likely to be detained, especially if they are from lower-class areas
Minority
30
To detain, there must be clear evidence of probable cause that the
child has committed the offense and will flee if not detained
31
Juvenile Justice and Delinquency Prevention Act (JJDPA 1974)
Prohibits detention of juveniles in adult jails and lockupsProhibits the detention of status offenders in secure confinement
32
Juveniles in most states...have constitutional right to bail
do not
33
Preventative detention is allowed per
Schall vs. Martin (June 4, 1984)
34
preventive detention
Keeping the accused in custody prior to trial, because the accused is suspected of being a danger to the community.
35
Screening of cases by juvenile court system determines whether
Determine whether juvenile court services are needed
36
Sending the youth home with no further action Diverting the youth to a social agencyPetitioning the youth to juvenile courtDetaining the youth
Common actions in the intake process
37
Problems with intake:
Lacks consistency regarding the formal criteria for processing
38
Legal issues in the intake process:
Whether the child has a right to counselWhether the child is protected against self-incrimination To what degree the child needs to consent to nonjudicial disposition
39
Intake dispositions are often determined by...rather than the seriousness of the crime or social background of the child
the prior record
40
...has been shown to influence intake decisions
race
41
Diversion (juvenile)
the process of placing youths suspected of law-violating behavior into treatment programs prior to formal trial and disposition to minimize their penetration into the justice system and thereby avoid stigma and labeling
42
Youths chosen for the diversion program are usually
first-time nonviolent offenders, status offenders, drug or alcohol-dependent youths
43
"widening the net"
Phenomenon that occurs when programs created to divert youths from the justice system actually involve them more deeply in the official process.
44
Critics argue that juvenile diversion is ineffective and includes
"widening the net"
45
Petition
a formal complaint that initiates judicial action against a juvenile charged with delinquency or a status offense
46
If a child does not admit to any of the facts in the petition, then a date is set for a hearing and a
predisposition report will be prepared
47
Plea bargaining involves
exchange of concessions for guilty pleas, usually resulting in a reduced charge
48
...% of all adult defendants plead guilty
95
49
Plea bargaining is less common in juvenile courts due to
lack of incentive
50
Plea bargain must be entered into
voluntarily and knowingly
51
All states allow juveniles to be tried as adults in one of the three ways:
```
Concurrent jurisdiction
Statutory exclusion:
Accounts for the largest number of
juveniles tried as adults
Judicial waiver
```
52
Concurrent jurisdiction
In 14 states and the District of Columbia, the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court.
53
Statutory exclusion
In 29 states, certain offenses are automatically excluded from juvenile court. These offenses can be minor, such as traffic violations, or serious, such as murder or rape. Statutory exclusion accounts for the largest number of juveniles tried as adults.
54
Judicial waiver
In the waiver (or bind over or removal) of juvenile cases to criminal court, a hearing is held before a juvenile court judge, who then decides whether jurisdiction should be waived and the case transferred to criminal court. Forty-four states and the District of Columbia (not Connecticut, Massachusetts, Montana, Nebraska, New Mexico, or New York) offer provisions for juvenile waivers
55
Kent vs. U.S. (1966)
States must provide a legitimate transfer hearing
Sufficient notice must be given to the child’s family and defense attorney
The child has the right to counsel
There must be a statement of the reason for the court order regarding transfer
56
Breed vs. Jones (1975)
Prohibits trying a child in an adult court when there has been a prior adjudicatory juvenile proceeding
57
Cons of transferring children to adult court:
Juveniles, particularly younger ones, may not be competent to be tried as adults
Waiver can also create long-term harm Waivers don’t always support the goal of increased public protection
Transfers are not always fair and equitable
58
Pros of transferring juveniles to adult court:
Coincides with the “get-tough” policyWaiver is superior to alternative methods for handling the most serious juvenile offendersIts continued use can be attributed to concerns about the most serious and violent youth offenders
59
Three possible resolutions of hearing:
Finding that the juvenile is not delinquent/in need of supervision Finding that juvenile is delinquent/in need of supervision
Dismissal of case due to insufficient evidence
60
In re Gault (1967)
Notice of charges, right to counsel,right to confront/cross examine witnesses, privilege against self incrimination, right to transcript, right to appellate review
61
McKeiver v. Pennsylvania (1971):
Jury trial in juvenile courts is not a constitutional requirement
62
In the sentencing phase of juvenile court, decisions are based on the best interest of
the child
63
Predisposition report
Developed by the juvenile probation officer, this report includes clinical diagnosis of the juvenile and the need for court assistance, relevant environmental and personality factors, and other information to assist the court in developing a treatment plan.
64
Predisposition report is critical at the sentencing phase because:
It helps the judge decide which disposition is best
It aids the juvenile probation officer in developing suitable treatment programs It helps the court develop a body of knowledge about the child that can aid others treating the child
65
A graduated sanction program includes:
Immediate sanctions, intermediate sanction, secure care
66
determinate sentence
Specifies a fixed term of detention that must be served.
67
indeterminate sentence
Does not specify the length of time the juvenile must be held; rather, correctional authorities decide when the juvenile is ready to return to society.
68
Disposition (sentencing) is based on the need of the...and aims for the...
child; least detrimental alternative
69
Disposition can include
Least detrimental alternative Indeterminate sentence
Determinate sentence
Mandatory sentence
For serious juvenile offenders
70
Roper v. Simmons (2005)
Found it unconstitutional for juveniles under 18 to be sentenced to death
Found to be a violation of Eighth Amendment protection against cruel and unusual punishment
71
Past cases addressing the issue of death penalties:
Thompson v. Oklahoma (1988)
Wilkins v. Missouri (1989)
Stanford v. Kentucky (1989)
72
Graham v. Florida (2010)
Ends the practice of LWOP for juveniles convicted of non-homicide crimes
73
LWOP
Life Without Parole
74
final order
Order that ends litigation between two parties by determining all their rights and disposing of all the issues.
75
The child's right to appeal is restricted to cases involving
final order
76
In re Gault bestowed this right upon juveniles
allows juveniles the opportunity to have the court review their case
77
Direct appeal normally involves an appellate court review to determine whether,
based on the evidence presented at the trial, the rulings of law and the judgment of the court were correct.
78
Today most jurisdictions provide juveniles with some form of appeal:
direct appeal, collateral review
79
In a _______________________, a hearing is held before a juvenile court judge who then decides whether jurisdiction should be waived and the case transferred to the adult court.
judicial waiver
80
What type of sentences are defined by a statutory requirement that states the penalty to be set for all cases of a specific offense?
Mandatory sentences
81
What U.S. Supreme Court case articulated the basic requirements of due process that must be satisfied in juvenile court proceedings?
In re Gault
82
Gerald is 16 years old and is on trial for a double homicide in a criminal court. In the state where he was charged, the prosecutor decides what court to file charges.
What U.S. Supreme Court case ended the practice of the death penalty for juveniles?
Roper v. Simmons
83
What are some of the duties of the prosecutor?
Decide whether to waive a case to adult court, represents the interests of the state, initiate or discontinue delinquency or status-offense allegations
84
Which court is a specialized court for children, designed to promote rehabilitation of youth in a framework of procedural due process?
Independent juvenile court
85
What percent of juvenile cases involve African American youth?
33 percent
86
Research has revealed that juveniles who commit felonies and who are represented by an attorney are more likely to _____.
receive out-of-home placement
87
One of the key problems associated with the juvenile justice system is _____.
inadequate representation
88
How many states use more than one court to process juvenile cases?
14
89
For which offense type are juveniles most likely to be detained?
Violent offenses
90
What is typically the maximum length of time that children are held in a detention facility or shelter-care unit without a formal petition being filed?
24 hours
91
In mandating the separation of juvenile offenders from adult offenders, how does the Office of Juvenile Justice and Delinquency Prevention define separation?
As the condition in which juvenile detainees share facilities that do not allow contact or shared programs or staff
92
Which term refers to the process during which a juvenile is kept in custody prior to trial because the accused is suspected of being a danger to the community?
Preventive detention
93
Between 1994 and 2011, the number of cases waived to criminal court _____.
decreased 59 percent
94
Which type of waiver gives the prosecutor the discretion of filing charges for certain offenses in either juvenile or criminal court?
Concurrent jurisdiction
95
In which case did the court determine that a child should be granted the protection of the double-jeopardy clause of the Fifth Amendment after being tried as a delinquent in juvenile court?
Breed v. Jones
96
Which amendment to the U.S. Constitution addresses due process?
Fourteenth
97
Among the details of the In re Gault case, what was one of the rights granted juveniles?
The right to counsel
98
What is the purpose of the predisposition report?
To gather knowledge of the child's needs to be used in the disposition and treatment
99
Which disposition results in an agreement for treatment following an informal hearing?
Informal consent decree
100
Which sentencing structure does not specify the length of time the juvenile must be held?
Indeterminate sentencing
101
The order that ends litigation between two parties by determining all their rights and disposing of all the issues is called a _____.
final order
102
In which case did the court decide that any youth under age 16 could not be sentenced to death?
Thompson v. Oklahoma
103
In which case did the court stop the practice of life sentences without the possibility of parole for juveniles convicted of non-homicide crimes?
Graham v. Florida
104
For the first 60 years of its existence, the juvenile court did not include a _____ because the concept of an adversary process was seen as inconsistent with the philosophy of treatment.
prosecutor
105
Although adults retain this right via the Eighth Amendment to the Constitution, most states refuse juveniles the _____.
right to bail
106
Juveniles are most likely to be transferred to criminal court if they have _____.
injured someone with a weapon
107
What is the standard of proof used in juvenile court?
Beyond a reasonable doubt
108
Instead of appealing the juvenile trial because of errors, prejudice, or lack of evidence, _____ uses extraordinary legal writs to challenge the lower-court position.
collateral attack
