Criminal Justice Pearson Chapter 15
Which of the following best illustrates a delinquent child?
11-year-old Jake killed his baby sister because she cried constantly. Delinquent children are those violate the criminal law, and who would be considered criminal if they were adults. Jake has committed a murder, which is against the law.
Which of the following is an example of a status offender?
13-year-old Andrew buys beer at a convenience store. A status offender is a child who commits an act that is contrary to the law by virtue of the offender's status as a child. Purchasing cigarettes, buying alcohol, and being truant are examples of such behavior. Andrew is a status offender because it is illegal for a child to purchase alcohol.
________ is a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon a juvenile who has been adjudicated delinquent.
A blended sentence A blended sentence is a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent. The adult sentence is suspended if the juvenile offender successfully completes the term of the juvenile disposition and refrains from committing any new offense.
Allen is currently in a private juvenile detention facility. Based on this, which of the following is most likely to be true?
Allen has been cutting school regularly. Juveniles held in private facilities are most likely to be held for nondelinquent offenses such as truancy or running away.
Which of the following statements best characterizes post-adjudicatory review in cases involving juveniles?
Appeals are less important and consequential in the juvenile justice system, compared to appeals of adult criminal convictions. As a practical matter, juvenile appeals are less consequential than appeals of adult criminal convictions. Most juvenile complaints are handled informally, and only relatively low numbers of adjudicated delinquents are placed outside the family.
David was 17 years old when he viciously assaulted and raped Lisa, seriously injuring her. David's case was heard by a juvenile court judge, he was convicted of rape and attempted murder, and was sentenced to life without parole. Why was this sentence overturned upon appeal?
Because sentencing a juvenile to life without parole for a crime other than murder is cruel and unusual punishment. According to the Supreme Court's ruling in Graham v. Florida, a juvenile offender cannot be sentenced to life in prison without parole for a crime that does not involve homicide because this would violate the cruel and unusual punishment provision of the Eighth Amendment.
In the case of In re Winship, what evidentiary standard did the Supreme Court require to establish allegations of delinquency?
Beyond a reasonable doubt The court held that the constitutional safeguard of proof beyond a reasonable doubt is necessary in cases involving allegations of delinquency, although cases involving status offenses may use a lower standard.
At which stage of the juvenile justice process does the judge determine what actions should be taken with a juvenile who has been found to be delinquent?
Dispositional hearing The dispositional hearing is the final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child. The dispositional hearing is similar to an adult sentencing hearing.
Which of the following best represents how society viewed juveniles and juvenile crime during the 1980s?
During the 1980s, a get-tough approach toward serious and violent juvenile crime developed. The major thrusts during the 1980s were to reassess the soft-line approach to minor and status offenders and to get tough on serious and violent juvenile crime.
Which Supreme Court case held that courts must provide four basic procedural rights in hearings that could result in commitment to an institution?
In re Gault (1967) In re Gault held that in hearings that could result in commitment to an institution, juveniles have four basic rights: notice of charges, right to counsel, right to confront and to cross-examine witnesses, and protection against self-incrimination
In 2005, in the case of Roper v. Simmons, the Court set a new standard when it ruled that age is a bar to execution in cases when the offender was under the age of 18 when he or she committed a capital crime. What was the Court's justification for this ruling?
Juveniles are less morally responsible and incorrigible than adults, due to their susceptibility to immature and irresponsible behavior. Roper underlined the differences between juveniles and adults in the struggle of juveniles to define their identity as a mitigating factor in the ability of juveniles to resist outside negative influences. In addition, the Court cited juveniles' inability to resist entreaties to commit immature and irresponsible behavior meant that these juveniles have a greater opportunity to be rehabilitated.
Which of the following is a characteristic of the juvenile justice system?
Juveniles have a right against self-incrimination. Like adults, juveniles have a right against self-incrimination. However, while knowing waivers are possible in the adult criminal justice system, waivers are questionable in juvenile proceedings.
Oscar has been adjudicated delinquent. What is the most likely disposition?
Oscar is most likely going to be placed on formal probation. In nearly two-thirds of all adjudicated delinquency cases, juveniles are placed on formal probation.
What is the minimum evidentiary standard required for a juvenile to be adjudicated a status offender?
Preponderance of the evidence A preponderance of the evidence exists when evidence of an offense is more convincing than evidence offered to the contrary. This is a lower level than required in cases involving allegations of delinquency.
According to the comprehensive study of strategies for changing the juvenile justice system released by New York's John Jay College of Criminal Justice, which of the following is true of realignment strategies?
Realignment strategies involve closing facilities and eliminating agencies. Realignment strategies involve permanent organizational and structural modifications intended to alter the juvenile justice system, including the closing of facilities and the elimination of correctional agencies.
When Dante was 16, his girlfriend was murdered. Ten years later, the police arrested Dante for the crime. He was convicted of first-degree murder. At the sentencing hearing, the judge informed the jury they could not impose the death penalty, because when the crime was committed, Dante was under the age of 18. The judge's statement to the jury was based on which U.S. Supreme Court decision?
Roper v. Simmons Stating that "even a heinous crime committed by a juvenile" is not "evidence of irretrievably depraved character," the Court ruled that age is a bar to execution when the offender commits a capital crime while under the age of 18. Roper invalidated the capital sentences of 72 death-row inmates in 12 states. As Dante was 16 when he killed his girlfriend, he was not eligible for a sentence of death, even though he was over the age of 18 when he was convicted of the crime.
16-year-old Julius was arrested for assault. Julius's attorney claimed that as a juvenile, Julius had a right to pretrial release. However, the judge required that Julius be held in secure custody until an adjudicatory hearing could be scheduled in juvenile court. On what case did the judge base his decision?
Schall v. Martin (1984) In Schall v. Martin, the Supreme Court overturned lower-court decisions banning the pretrial detention of juveniles, recognizing that states have a legitimate interest in preventing future delinquency by juveniles who are thought to be dangerous.
Which of the following was one of the philosophical principles on which the early juvenile court movement was based?
The denial of due process in procedures involving children is justified because the court's purpose is to help children. The juvenile court movement was based on the philosophical principle that noncriminal procedures are necessary to give primary consideration to the child's needs. The denial of due process can be justified because the court acts not to punish but to help.
Which of the following appears to be true of the juvenile justice system today?
The juvenile justice system is moving back toward the original principles of the juvenile court. Due to shrinking state budges and a lack of faith in the ability of residential placement to reform, a number of states are moving to reestablish the original principles of the juvenile court.
Which of the following represents a current trend in juvenile justice policy in the states?
There is an increased focus on reestablishing boundaries between the adult and juvenile justice systems. By the start of the twenty-first century, there was a concern that policymakers had greatly dissolved the border between juvenile and criminal justice. Currently, there is an overall trend among states to reestablish boundaries between the adult and juvenile justice systems, rather than transferring more juveniles to the adult criminal justice system for processing.
14-year-old Sari has been accused of burglary and is appearing before a juvenile court judge. The judge is attempting to determine whether there is sufficient evidence to sustain the allegations. Sari is participating in a(n) _________ hearing.
adjudicatory The adjudicatory hearing is similar to the adult trial. During the adjudicatory hearing, the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition.
A(n) _____ is a child who has engaged in activity that would be considered a crime if the child were an adult.
delinquent child A delinquent child has engaged in activity that would be considered a crime if the child were an adult. The term "delinquent" is used to avoid the stigma associated with the term "criminal."
Bart is accused of truancy. The juvenile court has __________ jurisdiction over Bart in this case.
exclusive Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority to deal with children who have committed specified infractions. Status offenses such as truancy normally fall within the exclusive jurisdiction of the juvenile court.
Jake's teacher has filed a(n) __________ with the juvenile court, alleging that Jake has committed several criminal acts on school grounds.
juvenile petition A juvenile petition is a document that is filed in juvenile court alleging that a juvenile is a delinquent, a status offender, or a dependent, and asking the court to assume jurisdiction over the juvenile or to transfer the juvenile to an adult court for prosecution as an adult.
In the 1971 case of McKeiver v. Pennsylvania, the U.S. Supreme Court held that
juveniles do not have the constitutional right to trial by jury. In McKeiver v. Pennsylvania, the Court ruled that jury trials are not constitutionally required in juvenile cases. The Court did not, however, prohibit jury trials for juveniles. Today, approximately 12 states allow for the option of jury trials in serious cases involving juveniles.
The common law principle of parens patriae _____.
permits the state to assume the role of the parents when dealing with children who break the law Parens patriae is a common law principle that allows the state to assume a parental role and to take custody of a child who becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide.
Alabama gives rewards to government officials who spend money on establishing community-based rehabilitation programs rather than on detaining juveniles in secure facilities. This is an example of a __________ strategy for changing the juvenile justice system, as described by the John Jay College of Criminal Justice.
reinvestment Reinvestment strategies involve the use of financial incentives to encourage state and local governments to reduce spending on confinement and to invest in community-based programs.
One result of the development of the juvenile court movement was
to treat status offenders as if they were delinquent, rather than providing them with needed help. The concept of status offenses was a natural outgrowth of juvenile court philosophy. As a result, however, juveniles in need of help often faced procedural dispositions that threated them as though they were delinquent.
