Juvenile Justice Chapter 1 & 2
"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
