ADMJ - CH 13

what is reasonable suspicion?

the legal standard by which a police officer has the right to briefly detain a suspect for investigatory purposes and frisk the outside of their clothing for weapons, but not drugs.

What is known appellate jurisdiction?

the power of a higher court to review decisions and change outcomes of decisions of lower courts.

What is the Shall v. Martin case?

youths can be detained if they are deemed a "risk" to safety of the community or their own welfare.

What are the differences between Juvenile Justice System and Adult System of Criminal Justice? 8 Differences

1. Juvenile - Rehabilitation of the offender Adult - Punishment 2. Juvenile - Juveniles can be arrested for acts (status offenses) that are not criminal for adults. Adult - Adults can be arrested only for acts made illegal by the relevant criminal code. 3. Juvenile - Wrongdoing considered a "delinquent act." Adult - Wrongdoing considered a crime. 4. Juvenile - Parents play significant role. Adult - Parents play no role. 5. Juvenile - Jury trial in most, but not all, states, juveniles do NOT have this right. Adult - All adults have this right. 6. Juvenile - Searches: juveniles can be searched in school without probable cause. Adult - Searches: No adult can be searched without probable cause. 7. Juvenile - Sentencing: Juveniles are placed in separate facilities from adults. Adult - Adults are placed in county jails or state prisons. 8. Juvenile - No death penalty. Adult - Death penalty for certain serious crimes under certain circumstances.

Most states define a juvenile, subject to juvenile court jurisdiction, as a person who has not turned what years of age?

18

What is the Breed v. Jones case?

5th amendment double jeopardy prevented a juvenile from being tried in an adult court for a crime that had already been adjudicated in juvenile court.

What does judicial waiver mean in reference to a juvenile?

A judge designates a juvenile to be tried in adult court

What is parens patriae?

A legal document that gives government authority to step in and make decisions about children, without parent approval, for their best interest.

A juvenile offender's delinquency is determined during the ________ hearing, which is similar in many ways to an adult trial. If the juvenile is found to be delinquent, her or his sentence is determined during the _____ hearing. In making the sentencing decision, the judge is often aided by a _________report, compiled by the juvenile probation department.

Adjudicatory Hearing, Disposition Hearing, Predisposition Report

Risk factors for juvenile delinquency are?

Age, substance abuse/neglect, gangs, guns

What are the Categories of Children for the Juvenile Justice System?

Delinquent (those who violate the criminal law) Undisciplined (those said to be beyond parental control) Dependent (those without parents or a guardian to care for them) Neglected (those not receiving proper care from their parents or guardian) Abused (those who suffered physical, sexual or emotional abuse at the hand of their custodian) Status offender (those who violated laws written only for children).

What are the rights afforded to juveniles; In re Gault.

In re Gault: 15yrd boy arrested for making a lewd phone call while on probation. Supreme Court held that juveniles are entitled to many of the same due process rights granted to adult offenders. Notice of charges, The right to counsel, The privilege against self-incrimination, The right to confront and cross-examine witnesses

what is the 4th amendment?

It protects people from unlawful searches and seizures.

What is "graduated sanctions"?

Juvenile corrections that a delinquent or status offender should receive punishment that matches their wrongdoing.

At its inception, the American juvenile justice system was guided by the principles of ______, which holds that the state has a responsibility to look after children when their parents cannot do so. In general, juvenile are involved in two types of wrongdoing: (1) acts that would not be crimes if committed by adults, or __________, and (2) acts that would be crimes if committed by an adult, or juvenile __________.

Parens Patriae, status offender, delinquent child

When is the miranda warning required?

Police are required to read an individual their rights (i.e., a "Miranda warning") before they may interrogate or question a detained individual. However, a line of questioning by the police is only an interrogation if the individual is determined to be in "custody."

What are the 5 goals of Criminal Sentencing?

Retribution is the act of taking revenge on criminal perpetrator. If a offender breaks the law he or she should be punished based on perceived need of vengeance. Retribution corresponds to the principle model of sentencing of "just desert." It punishes based on the severity of the crime committed. Incapacitation major goals to provide protection for innocent members of society from offenders who might harm them. Incapacitation is sometimes called the "lock'em up approach." It guarantees that offenders will not be a further threat to societies safety. Deterrence overall goal is to provide crime prevention and punishing a person for a crime. Also informing and convincing potential criminals who might engaged into a unlawful behavior that criminal activity is not worth while committing. Rehabilitation ultimate goal is to reform offenders behavior. and reduce the number of criminal offenses with using fundamental tools and methods. Rehabilitation is the most humane punishment and often is considered "rehab." that includes both therapy and lifestyle choices. Restoration is a main goal of criminal sentencing that attempts and allows the community or victims of crimes to feel as if they are safe and have a better quality of life.

What is the In re Fault case?

Rights to a lawyer, cross examination, protection of incrimination, entitled to most procedural rights of adults

What are the similarities between Juvenile Justice System and Adult System of Criminal Justice?

The right to receive the Miranda warnings. Procedural protections when making an admission of guilt. Prosecutors and defense attorneys play equally important roles. The right to be represented by counsel at the crucial stages of the trial process. Access to plea bargains. The right to a hearing and an appeal. The standard of evidence is proof beyond a reasonable doubt. Both can be place on probation by the judge. Both can be held before adjudication if the judge believes them to be a threat to the community.

TRUE OR FALSE? Normally the purpose of the juvenile justice system was to provide punishment for the juvenile offender.

True

May juveniles be held in pretrial detention?

Yes

What is "juvenile court"?

a court of law responsible for the trial or legal supervision of children under a specified age (18 in most countries).

Define: Juvenile Justice System

aggregate of the government agencies that function to investigate, supervise, adjudicate, care for, confine youth, and children to juvenile court.

A term used to explain the fact that criminal activity declines with age

aging out process

What kind of crime would not be a status offense?

crimes that would be considered adult crimes

Contrary to many predictions, the crime rate for juveniles has been ________for more than a decade. Despite this trend, more ______are getting involved with the juvenile justice system today than at any time in recent history. ______violence is another area in which crime rates have dropped since the 1990's, thanks, in part, to greater security measures such as surveillance cameras and locked building doors.

declining, women, school violence

what is the 5th amendment?

imposes restrictions on the government's prosecution of persons accused of crimes. It prohibits self-incrimination and double jeopardy and mandates due process of law.

What is presentence investigation and predisposition report?

is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence.

In juvenile cases understand the "disposition hearing"?

judge decides the form of treatment or penalty that should be imposed on the child, their needs, and predisposition report

If the judge believes that the seriousness of the offense so warrants, he or she can transfer the juvenile into adult court system through a process called judicial _________.

judicial wavier

What is a petition?

make or present a formal request to (an authority) with respect to a particular cause.

what is the most common form of juvenile corrections?

non-secure confinement

The most common form of juvenile corrections is _____________. If the judge decides that the juvenile needs more stringent supervision, he or she can sentence the offender to a __________facility such as a residential treatment program. If the juvenile's offense has been particularly serious, she or he will most likely be sent to a secure confinement facility such as a ________camp or a _______school.

non-secure confinement, secure confinement, boot camp, boarding school

What is probable cause?

reasonable grounds

The age which a child can be held criminally responsible for his or her actions differs from ______ to ______. Many experts believe that minors should not be held to the same level of competency as adults, partially because they are more ______ and more likely to respond to __________pressure. This "diminished culpability" was one of the reasons the Untied States Supreme Court gave for prohibiting the ________for offenders who were under the age of eighteen when they committed their crimes.

state to state, impulsive, peer pressure, death penalty

what is beyond a reasonable doubt?

that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.