Juvenile Justice Chapter 1 & 2

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"parens patriae"

parent of a country- "state as parent"

Neglect

parents do not take care of their kids but have ability to do so- abandonment & abuse

Discharge

release from aftercare & state supervision

Indeterminate

sentence w/o a fixed amount of time- opened where a "j' will be held til rehabilitated

Probation

sentence where youth is released to the custody of their parents but subject to conditions of behavior vis the "j" court

Disposition

sentencing stage

Non-typical delinquent

serious & violent "j" -*most are not serious

Detention facilities

short term- holds "j''s at 3 points: after arrest, before hearing, after disposition & awaits transfer to "j" facility- holds also probation & parole violators

Probation revocation

taking away a youth's probation status b/c of their non-compliance with the law- can face institutionalization in a state jjf

bi-furcated

two part process when adjudicating juveniles-hearing is the first part, disposition(sentencing) is the second part

Non-petitioned

youth who won't face a "j" court hearing but have been diverted another way

CINS

"Children In Need of Supervision"-given to status offenders-other acronyms: "PINS, MINS)

Illinois Juvenile Court Act of 1899

"J" court is not a criminal court, but a civil court

"J" crime in the 80s vs. since the 90s

"J" crime increased in 1980s & early 90s- "J" crime has decreased since early 90s

Uncontested

"j" doesn't contest/dispute the charges against them- these pleas are often a result of plea bargain between the lawyer and "j"

Pre-juvenile court era

1639 til 1898-'j's were treated like adults- no separate court

Juvenile court era

1899 til 1966-first seperate "j" court was est. in Cook County IL

Juvenile rights era

1967 til 1979- jjs become more adult like in the processing of "j''s

Due Process Model of "J" Justice 60'-80's

Best interest of the child vs. best interest of society

Punitive Model of J Justice 80s-present

Determinate sentence meant fixed # years; associated with punitive goals- goal shifted to meting out a punishment to fit the crime

Walnut Street Jail 1790

First jail that separated inmates & sought to reform their behavior rather than just punishing them- separated women & children

Juvenile Justice & Delinquency Prevention Act 74'

Js be "sight & sound separated from adult offenders- no "status offenders" in j or adult detention facilities

Typical delinquent

Non-serious "j's

Aftercare

Period of supervised time after release from a state juvenile facility-referred to as juvenile parole

In re Gault 67'

Right to: notice of charges, counsel, witnesses, privilege against self-incrimination, transcript, appeal

Adjudication hearing

The equivalent of an adult trial

Delinquency

act committed by "j" that would be considered a criminal offense in the adult pop.

Status offense

act only prohibited for "j's

Deferred prosecution

agreement not to prosecute the youth just as long as they complete time w/o further involvement

Deferred probation

agreement with court intake officer (probation officer/lawyer) where a "j" is not petitioned to "j" court b/c of period of time w/o further offenses

loco parentis

allowing the state to "act in place of the parents"- active "anybody", more than just the state

Institutionization

being placed in a state operated jjf

Crime control era 1980s

concern in rise of drug use/sales & gun possession-signaled get tough policy

Controversy of culpability

concerning the age which a child can be held responsible for their actions b/c of the ability to possess "mens rea"

General (standard) conditions

conditions of probation or parole-includes reporting & comm. service

Special conditions

conditions of probation/aftercare to which only some offenders will be subjected (special condition to special offender)

Pre-disposition report

conducted by a "j" po that details a "j's history such as abuse, home life, prior record, and pysch evals-used by judge prior to ruling on disposition

Ori. Jurisdiction

court will hear a delinquency case ori.

Houses of refuge

first "j" inst. in early 1800s for delinquents & other wayward children

Petitioned

formal complaint to "j" court by an intake officer requesting a hearing

"mens rea"

guilty mind- intent component of a crime

Chattel

legal term for property- J's were viewed as property in the eyes of the law

Min. age of Responsibility

lowest age which a "j' can be held responsible of their acts

Upper age of jurisdiction

max age that "j" court has decision making power over youth- most common age is 17 in US

Summons

notice of "j" hearing given to all withnesses, parents, and the "j" detailing the time/date/location of the hearing


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