Exam #1 multiple choice section Flashcards
Missouri Model
(we saw video in class)
- Juvenile justice system began 30 years ago.
- Small facilities across the state house 10 to 30 youths
What is the recidivism rate in New York State’s abusive youth prisons?
89%
UCR
- Uniform Crime Reports published annually by FBI
- Not accurate because errors can be made by law enforcement
- Arrests are recorded but not adjudicated delinquents
NCVS
National Crime Victimization Survey
- Provided by US Dept of Justice and US Bureau of Census semiannually with data from victims
- Primary source of info on victimization not reported to law enforcement
- Twice a year data obtained from 49,000 households of 100,000 people
- *Every 40 seconds a child is victimized**
Self-report studies
self-reports of delinquent behavior in which respondents indicate what types of delinquent acts they had committed
- Short and Nye concluded delinquency among noninstitutionalized juveniles is extensive
Legal definition of delinquency
- Those who have been officially labeled by the courts are offenders
Behavioral definition of delinquency
- Those whose behavior violates statutes applicable to them are offenders whether or not they are officially labeled.
- A lot of children don’t get arrested because delinquent acts are behavioral
Under Common Law…
…children under age of 7 presumed to not have criminal intent and not subject to criminal sanctions
- Children between 7 to 14 were not subject to criminal sanctions unless demonstrated that there was intent.
- Children over 14 are treated the same as adults
Parens patriae
“Parent of the country “enables courts to act in loco parentis “in the place of parents” to provide necessary services for the benefit of women and children
In re Holmes case
- In 1955 the US Supreme Court stated that juvenile courts are not criminal courts, so the constitutional rights guaranteed to accused adults do not apply to juveniles.
Kent v. United States case
- 16 year old charged with rape and robbery
- Kent confessed, waived to criminal court
- lawyer argued waiver was invalid
- Court ruled waiver was invalid and that Kent was entitled to a hearing that included due process and fair treatment under 14th Amendment and lawyer should have received all records
In re Winship Case
- Court decided that juvenile court, the standard of proof for conviction should be the same as that for adults in criminal court - proof beyond a reasonable doubt.
Breed v. Jones
- Court decided that trying a juvenile previously adjudicated delinquent in juvenile court for the same crime as an adult in criminal court violates the double jeopardy clause of the 5th Amendment.
McKeiver v. Pennsylvania
That the due process clause of the 14th Amendment did not require jury trials in juvenile court
Gault case
- Accused of making obscene phone call to neighbor
- Neighbor did not appear in adjudicatory hearing, never demonstrated that Gault made the call
- Gault or parents weren’t notified properly, right to attorney, right to remain silent, right to transcript, right to appeal
- Court ruled juveniles have these rights,
Therapeutic approach
- the informal, unofficial, treatment-oriented approach, referred to as coursework or THERAPEUTIC APPROACH
Legalistic Approach
- More formal, official, more constitutional approach, referred to as formalistic, LEGALISTIC APPROACH
Standard of preponderance of evidence
- in adjudicaory hearing the bulk of the evidence but not all of it must support the evidence
Beyond a reasonable doubt
- with little doubt as possible that the allegations are supported by the evidence.
status offenses
Are legal offenses applicable only to children
Due process
Constitutional guaranteed in juvenile court adjudicatory hearings (In re Gault)
Petition
Alleging that the respondent may have committed a delinquent act instead of charging juvenile with crime
Adjudicatory hearing
is basically a Criminal trial but in juvenile court
Dispositional hearing
is basically a Sentencing hearing but in juvenile court
