10-13

truancy laws

passed by Massachusetts state 1852 1918 all states had them.

indigent defendants

people facing prosecution who do not have enough money to pay for their own attorneys and court expenses

factors influencing pretrial diversion

physiological (age, gender), social (attention, social support), spiritual, psychological (fear, anxiety), cultural (meaning of pain)

once an adult always an adult

previously tried as an adult, always tried as an adult

Tennessee does not under any circumstances

provide jury trials for juveniles

in‐out decision

recent review of 38 studies published since 1975 reports that many of the studies concluded that race had a direct effect on the in‐out decision in other words, the decision concerning whether the offender should be punished in a penal institution or out in the community.

the juvenile justice process

referrals(parents,teachers,officers) petitions (legal document saying the child needs adult supervision) Intake (screening done by an officer to see if they will take a juvenile in)

truth in sentencing laws

require offenders to serve a substantial portion of their sentences. Under thses laws parole eligibility and good time credits are either eliminated or restricted, thus reducing the discrepancy between the sentence imposed and the actual time served

Violent Crime Control and Law Enforcement Act (1994)

requires states that want to qualify for federal financial aid to change their laws so offenders serve at least 85 percent of their sentences.

appellees (state)

respondents in the appeals case. oftentimes the government, because criminal defendants are the most likely to appeal court decisions. in most cases, the court will affirm the decision of the lower court, siding with the appellee. they too have to file a response brief

conditional dispositions

result of a delinquency adjudication obligating youths to comply with one or more conditions of a probation or simliar program

sentencing disparities

sentencing disparities, inconsistencies in sentencing offenders in which those committing the same crime receive different sentences. Sentencing disparities are usually based on race, gender, region, or socioeconomic status.

juvenile justice and delinquency provision act 1974/1984 (2)

should be separated from adults by sight and sound

victims of crime act of 1984

started by reagen signed into law grants money derived from fines and penalties to state compensation board; used to fund victim compensation and assistance programs

juvenile courts

started in the u.s in illinois 1899.

woodson v north carolina

the automatic death penalty in unconstitutional.

habeas corpus petitions challenges

the fact of confinement the length and the nature

dispositions

their are 12 dispositions that the juvenile judge may use. 1. nominal. 2. conditional 3.custodial

hutto v. davis

length of confinement case. Sentenced to 40 years for possession with intent to distribute 9oz of marijuana. No prior record required (but he did have one).

blended sentencing

middle ground between juvenile and adult sentences that allows judges to choose from a broad array of both juvenile and adult sanctions

juveniles

minmum age at 7 ... some courts like (conneticut, NY, NC set the age at 15) Individuals over 13 and under 18 years of age who have special status under the criminal law there is no juvenile court. heard in federal district courts.

wrongful convictions

occurs when an innocent person is found guilty by either plea or verdict.

Schall v. martin 1984

juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action

sentencing disparities

Two people with the same exact crime can have different sentences

deinstitutionalization

A policy promoting the use of the alternatives to institutional care. The process of releasing people who are dependent for their physical and mental care from residential-custodial facilities, presumably with the understanding that they no longs need such care or can receive through community-based services.

mckeiver v. pennsylvania 1971

U.S supreme court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings.

kent v. united states 1966

(1959) First U.S supreme court case in which it was ruled that juveniles facing waiver to adult court are entitled to some basic due process rights. Waivers are very important stage.

restitution

(n.) the act of restoring someone or something to the rightful owner or to a former state or position; making good on a loss or damage

Payne v. Tennessee (1991)

Upheld the use of the victim-impact statement in a murder trial. Not an eighth amendment violation - reversed "Booth" decision., allowed introduction of victim impact statements.

domestic violence courts

1. Majority of cases are not heard; due to reconciliation, dependence and pressure

shock probation/incarceration,parole

Correctional strategy that involves shocking convicted offenders or those who have never been convicted. with a brief commitment to an institutionalization facility and then releasing them on probation or parole.

differences in criminal and juvenile courts

1. juvenile court is civil proceedings only for juveniles. criminal court is for adults. 2.JC is informal and CC is formal. 3.in 39 states juveniles are not entitled to a trial by jury. 4.both are adversarial. 5.all CC are courts of records. 6. standard of proof. 7. CC has full range of penalties and JC has limited.

conditions of confinement

1. number of prisoners in 1 cell 2. nutritious meals 3. 30 days or less in confinement 4.states must pay for attorney fees.

Functions of PSI

1. provide info for offender sentencing. 2. aid probation officers in determining the most appropriate treatment in rehabilitation programs. 3. assist jails in their effort to classify offenders. 4. furnish parole boards with important background data determining early release.

juveniles rights

1. right to notice of charge 2.right to counsel 3.confront witnesses 4.right to invoke the privilege against self-incrimination

gault decision

1967 15 year old Arizona boy Gerald Gault was charged with making obscene phone call to neighbor. Police arrested him at home without presence of parents and took him to detention center. Judge committed him to Arizona State Industrial School for indefinite time or until 21. Was never represented by attorney. Supreme Court said max. penalty if he were an adult would be a fine of 5 to 50 dollars of incarceration up to two months. S.C. said in all juvenile court cases involving potential confinement of youth, all rights must be honored: notified of charges, represented by attorney, confront accuser, remain silent.

incarceration

2/3 are incarcerated the 1/3 gets probation. 41%prison 28% jail.

Ronnie lee Gardner

2010 chose to be executed by a firing squad. (UTAH) which is the only state that does that.

furman v. georgia 1972

8th Amendment Capital punishment. It raised the question of racial imbalances in the use of the death penalty by state courts. Many states rewrote the death penalty statutes. , This 1972 Supreme Court case struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in lack of consistent administration of the penalty.

stare decisis

A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle., "The decision stands". A rule in deciding cases where judges follow precedent (how similar cases were decided in the past). Helps promote consistency and fairness in the legal process. Lower courts must follow precedent set by higher courts. Supreme Court can reject precedent if absolutely necessary (Example: Brown rejects precedent of Plessy).

parens patriae

A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide.

probation

A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned as long as she or he follows certain conditions set by the court. 27% (drug testing, community service,curfews, counseling) and stay in contact with their P.O

writ of certiorari

A formal writ used to bring a case before the Supreme Court., A decision by the Supreme Court to hear an appeal from a lower court. (rather lengthy process)

sentencing hearing

A hearing following a finding of guilt in which a magistrate or judge will determine the sentence to handed down to the accused

adjudication hearing

A hearing to determine whether the juvenile committed the action as charged.

guardian ad litem

A person appointed by the court to represent a minor, an incompetent person or any other person entitled to such protection by law

split sentencing

A sentence explicitly requiring the convicted offender to serve a period of confinement in a local, state, or federal facility, followed by a period of probation

guidelines-based jurisdiction

Advantages of guidelines include an opportunity to reduce sentencing disparities, the potential for ensuring rationality in sentencing (for example, making sure that violent crimes are punished with the most severe penalties), and a chance to alleviate prison overcrowding by calibrating the guidelines in a way that reserves prison space for offenders who have committed serious crimes or who have a long history of criminal involvement.

mandatory sentencing schemes

All 50 states have mandatory‐sentencing laws for crimes such as drunk driving, committing a crime with a dangerous weapon, and selling drugs. Such laws deny judges their traditional powers of discretion. Judges can't reduce the term for offenses that carry prescribed mandatory‐minimum sentences, and they are restricted from imposing alternative sentences in the community. Mandatory‐sentencing laws enhance the power of prosecutors, who decide what charges to file against defendants, and they are popular with politicians because they make politicians appear tough to the public.

English common law

All citizens have the right to go to court and have equal rights.

circumstantial evidence

All evidence except eyewitness testimony. One example is physical evidence, such as fingerprints, from which an inference can be drawn.

pretrial diversion

An alternative to adjudication in which the defendant agrees to conditions set by the prosecutor in exchange for withdrawal of charges.

pardon

An executive grant providing restoration of all rights and privileges of citizenship to a specific individual charged or convicted of a crime.

alternate dispute resolution

An increasingly popular process that occurs when parties try to resolve disagreements outside of the usual adversarial system by using creative settlement techniques.

aggravating circumstances

Any circumstances accompanying the commission of a crime that may justify a harsher sentence. (death, serious body harm, on probation?)

mitigating circumstances

Any circumstances accompanying the commission of a crime that may justify a lighter sentence. (cooperative, extreme provocation, mentally ill)

automatic waivers

Automatically applied to aliens and need not be granted by an authorized offical

Good‐time laws

Benefits of sentence‐reduction programs, such as good‐time laws and early parole release, include promotion of discipline within prisons (because inmates are motivated to engage in good behavior in order to earn or avoid losing good time) and the reduction of prison overcrowding. Critics complain that most offenders are released from prison before serving their full sentences and that indeterminate sentences produce gross sentencing disparities because they allow judges too much discretion.

death penalty

Capital Punishment, "cruel & unusual punishment", Furman v. Georgia.

youth courts

Community-based programs in which youth sentence their peers for minor delinquent and status offenses. Also known as teen, peer, and student courts.

Federal Sentencing Guidelines Act in 1984

Congress passed the Federal Sentencing Guidelines Act in 1984, which eliminated parole for federal prisoners, limited early release from prison for good behavior, and curtailed the discretion of federal district court judges. Neither federal nor state judges can deviate from sentencing guidelines except when there are aggravating or mitigating circumstances that are not adequately covered in the guidelines.

drug courts

Courts designed for nonviolent offenders with substance abuse problems who require integrated sanctions and services such as mandatory drug testing, substance abuse treatment, supervised release, and parole

appellate courts

Courts that determine whether lower courts have made errors of law. they may decide to review or not review a case.

case backlogs

Delay in getting to trial

legislative waivers

Deters kids to commit crimes, transfers kids from the juvenile to adult court.

adopting determinate jurisdiction

Disillusionment with rehabilitation in the 1970s led to the adoption of determinate‐sentencing laws Determinate sentences require a fixed period of confinement, with possible reduction for parole. A legislature fixes the terms for particular crimes, thus taking away the sentencing discretion of judges. Under determinate sentencing, the judge still makes the decision of whether or not the offender goes to prison, but the decision as to the length of sentence is taken away from the judge. In some instances, inmates sentenced under determinate sentences are still eligible for parole after serving a portion of their terms.

juvenile court jurisdiction

Has jurisdiction over anyone under age 18 at time of trial. May decline jx (via declination hearing) and transfer for adult trial if "in the best interests of the juvenile or the public.

judicial options at sentencing

Incarceration probation (shock) 27% split sentencing death penalty bifurcated trials

Indeterminate sentencing

Indeterminate sentencing is a system of sentencing in which a legislature establishes maximum and minimum terms for each crime and a judge makes a discretionary decision as to what the maximum and minimum sentences should be for each convicted offender. For those whose sentence is prison, a parole board determines the amount of time each inmate serves under correctional supervision. The theory behind indeterminate‐sentencing statutes is rehabili‐tation—the sentence should meet the needs of the individual offender, and the offender should be locked up until there is evidence that he or she has been "cured.

in re gault 1967

Juvenile court proceedings must possess the elements of basic fundamental fairness; juveniles have the right to a proper hearing, to have an advance notification of that hearing and its purpose, the right to be present at the hearing, the right to confront/cross examine the accuser, the right to present evidence on your own behalf, the right to be represented by legal counsel at the hearing, the right against self-incrimination, the right to a formal ruling based on information presented in court, and the right to an appeal

specialty courts

Lower courts that have jurisdiction over one specific area of criminal activity, such as illegal drugs or domestic violence.

the problem with three strikes

Major drawbacks of three‐strikes laws include the incarceration of many nonviolent offenders who might be better dealt with through less costly community sanctions and the exacerbation of prison overcrowding. In addition, three‐strikes laws result in decreases in plea bargains and increases in trials, since defendants feel they have nothing to lose by going to trial. Other consequences include increasing jail overcrowding as three‐strike defendants awaiting trial occupy scarce jail space. Finally, the third, and final, strike can be a nonviolent offense (such as marijuana possession), producing a situation in which the maximum sentence of life imprisonment can be disproportionate to the offender's criminal history.

victim-offender reconciliation

Mediated face-to-face encounters between victims and their attackers, designed to produce restitution agreements and, if possible, reconciliation.

appellants (defendant)

Person or persons who initiate appeals (defendant)(mentioned first ex: payne vs TV , payne is the appellant.)

plea bargaining

Pleading guilty to a lesser charge to avoid a trial. 90% of cases

in re winship 1970

Prosecution must prove beyond a reasonable doubt "every fact necessary to constitute the crime with which the defendant is charged." All elements of the offense must be proven beyond a reasonable doubt, so to comport with Due Process. (SC)

restorative justice

Punishment designed to repair the damage done to the victim and community by an offender's criminal act.

decriminalization

Reducing the penalty for a criminal act but not actually legalizing it.

gregg v. georgia 1976

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

arave v. creech

The capital sentencing provision in the state of Idaho that singles out first-degree murders committed with "utter disregard for human life" satisfies constitutional standards.

intake officer

The probation officer who makes the initial decision about whether to proceed with a case.

three‐strikes laws

To get repeat offenders off the streets, over 25 states and the federal government have passed three‐strikes laws. These mandatory‐sentencing laws require long sentences of up to life in prison without parole following conviction for a third felony.

mental heath courts

jails are ill equip to handle prisoners with mental illness.

VIS (victim impact statement)

Victim impact statements are written or oral information from crime victims, in their own words, about how a crime has affected them. All 50 states allow victim impact statements at some phase of the sentencing process. Most states permit them at parole hearings, and victim impact information is generally included in the pre-sentencing report presented to the judge.

bifurcated trails

Where trial consist of two stages. Stage 1. is to determine guilt or innocence of defendant. stage 2 is appeal.

Booth v Maryland (1987)

a 1987 Supreme Court case in which the Court reversed a death sentence because of statements read to the jury about the victim. used 8th amendment. stopped using VIS before and on this case until 1991.

section 1983 action

a cilvil rights litigation through the 14 amendment. it is founded in title 42,section 1983 of the u.s code

Defendant's sentencing memorandum

a document prepared by the convicted offender that describes the crime, why it was committed, feelings of the offender, his involvement. an opportunity to accept responsibility of the crime.

habeas corpus petitions

a petition filed with a court by a person who objects to his own or another's detention or imprisonment.

intermittent sentences

a sentence served, at the judge`s discretion, on weekends or at night to allow the offender to maintain a job; only imposed for sentences of less than 90 days

probation officer

a social services professional who supervises criminal defendants and juveniles and helps with their rehabilitation

Bifurcated trial

a two-part trial structure in which the jury first determines guilt or innocence and then considers new evidence relating to the appropriate punishment. (capital cases)

divestiture of jurisdiction

a way of minimizing status offenders and to remove them from custodial institutions.

juvenile justice and delinquency provision act 1974

act requiring the dept. of justice to oversee changes ordered by Congress...status offenders removed from institutions, juvenile offenders in institutions separated from incarcerated adults, developing alternatives to incarceration, and improving juvenile justice system overall

Rodney king

an African-American motorist driver who, in 1991 was stopped and then beaten by Los Angeles Police Department officers (Laurence Powell, Timothy Wind, four white police officers acquitted after being charged for beating this man in 1992. Riots erupt in Los Angeles afterward.

Bifurcated trials

are common in those states with death penalty provisions. this permits juries to consider both aggravating and mitigating circumstances. Gants 2005, levine and petitt 2005. The death penalty can NOT be automatically applied.

sentence hearings

are usually found out 4 to 6 weeks after trial.

transfer

changing the jurisdiction over certain juvenile offenders to another jurisdiction. juvenile to criminal also known as a waiver.

hutto v. finney

conditions of confinement, isolation over 30 days is cruel and unusual punishment, and in violation of the 8th and 14th amendment

sentencing memorandum

court decision that furnishes ruling or finding and orders to be implemented relative to convicted offenders.

teen courts

courts for younger juveniles (aged 10 to 15) with no prior arrest record who are charged with less serious law violations wherein juvenile peers rather than adults determine the disposition

determinate jurisdiction problems

determinate sentences move power in the sentencing process from judges to prosecutors, increase the likelihood that offenders will be sent to prison, lengthen sentences, increase the proportion of sentences served in prison before release, and contribute to prison overcrowding Determinate‐sentencing laws restrict the early release of prisoners and require offenders to serve a substantial portion of their sentences (usually 85 percent) before they can be released.

custodial dispositions

either non secure or secure options result in from a delinquency adjudication involving out-of-home placement, ranch placement, or a juvenile custodial facility placement. , Can be either non secure custody (foster home or camp) or secure custody confinement

breed v. jones 1975

established that double jeopardy exists if a juvenile is adjudicated as delinquent in juvenile court on a given charge and tried for same offense later in criminal court, prohibits double jeopardy

Jane Addams

established the hull house in chicago 1889 home used for immigrant families.

Gary Gillmore

execuded by Utah firing squad 1979 the first person excuted after the us supreme court approved georgias new method of death penalties.

preiser v. rodriguez

fact of confinement case.

reformatories

first was in NY 1825.

writs of certiorari

formal requests by the U.S. supreme court to call up the lower court case it decides to hear on appeal. from a losing case. strict requirements and 300$ fee. must be within jurisdiction and must be real, not just for advice. law clerks read and summarize petitions to cert pool.

8th amendment

guarantees that punishments will be fair, and not cruel, and that extraordinary large fines will not be set.

death penalty statistics

in 2007 69% of u.s citzens support the death penalty. 2010 it went down to 47% 34 states use lethal injection. Death sentences has dropped from 306 in 1998 to 109 in 2009. New mexico abolished the death penalty in 2009

probation rates

in 2008 their were 4.3 million people on probation. 17% were incarcerated for not following their guidelines 8% were missing and could not be located.

certification

in Utah they practice transferring a juvenile to criminal courts through certification. which formal procedure where they state declares juvenile as an adult.

impartial arbiters

in the adversarial system of justice, judges are expected to be fair just.

PSI (presentence investigation reports)

information about the crime, his or her version of events, the police report, VIS and the background of defendant. also used in parole decision making.

tort claim

injury to the innocent party- may also collect punitive damages to punish defendant and deter others from acting. Try not to enforce in contracts

adjudication

is a judgement or action on the petition filed.

the juvenile justice process.

is known as The segment of the justice system including law enforcement officers, the courts, and correctional agencies that is designed to treat youthful offenders

appeal

to correct a wrong that might have been committed. these can be mistakes of the police, the prosecution, or the court. also it is used to render judgement about one or more issues that will influence future cases. all death sentences are automatically appealed.

adjudicates

to hear and judge judicially; to judge

unwarranted sentencing disparities

variation in sentencing for similar crimes committed under similar circumstances that result from reliance by the judge on legally irrelevant factors ( a result of systematic and unsystematic disparity)

nominal dispositions

verbal and/or written warnings issued to low-risk juvenile offenders for the purpose of alerting them to the seriousness of their acts and their potential for receiving severe conditional punishments should they re-offend

VORP

victim offender reconciliation program 1987 Indiana

demand waivers

where juviniles demand to be move to criminal court

habeas corpus petition

which challenges the length, nature, and fact of confinement.

status offenders

youths who have committed acts that would not be crimes if committed by adults. (runaway,truancy,curfew)