CCJ2020 ch. 13 – Flashcards

the first privately managed and funded home but it was endorsed ad financially supported by the state of NY, children were separated by gender, the main focus was on education, labor, and discipline to reform them, had authority to place those under their charge in indenture agreements.

employers agreed to supervise the youths in exchange for their labor

19th century concept of “state as parent and guardian”, became the predominant theme in structuring state agencies responsible for juveniles

concept that b/c juvenile court is the only court that has authority over juveniles, they cannot be tried by a criminal court unless the juvenile court grants permission for an accused juvenile to be waived to criminal court, started illinois

is granting permission for an accused juvenile to be moved from juvenile court to criminal court

removes child from the authority of the criminal court, but also assumes greater authority over the child than the criminal court has over accused adults, is self self-contained and has its own probation/parole system and own correctional system

operates on a principle of the “best interest” for the child, assumes authority: when the welfare of the child is threatened, when the child is a status offender, when the child is a delinquent

children who have committed an act or failed to fulfill a responsibility for which, if they were adults the court would not have any authority over them (smoking, drinking, running away)

accused of committing an act that is criminal for both adults and children, crimes are not divided between felony and misdemeanors

a juvenile who commits violent felony crimes

marked the departure of the supreme court from its acceptance of the denial of due process rights to juveniles

the supreme court provided due process rights to juveniles, including: notice of charges, counsel, right to examine witnesses, and the right to remain silent

the supreme court ruled that the reasonable doubt standard, should be required in all delinquency adjudications

a case in which the supreme court denied juveniles the right to a trial by jury (b/c a jury of peers for a teenager isn’t justified)

supreme court ruled that once a juvenile has been adjudicated by a juvenile court, they cannot be waived to criminal court to be tried for the same charges (if convicted in juvenile court cannot be tried in criminal court)

supreme court upheld the right of juvenile courts to deny bail to adjudicated juveniles

2001, provides the major source of federal funding to states for the improvement of their juvenile systems and facilities. Due process rights for juveniles are influenced by this act

provides that juveniles may not be detained in adult jails except for limited time before/after a court hearing. When children are placed in adult jail “sight and sound” separation is required between adults and juveniles to keep children safe from verbal or psychological abuse that could occur from being within sight or sound of adult inmates

mid-1990’s juvenile offending peaked, public concern puts pressure on the juvenile justice system to change its focus from rehabilitation to punishment, and for states to abandon the “great experiment” and change the provisions for transferring juveniles to the criminal court.

supreme court has declared that the rights of the 5th,6th,7th amendments are not restricted by age or the professed intent of the court to “help the child”, the problem whether youthful offenders has sufficient means rea to appreciate the criminality of their act. The age at which a juvenile has the necessary maturity to form criminal intent and be fully accountable for their crime has not been resolved by researchers or state law and varies from state to state. Some states have established wavier criteria based on the offense independent of the age of the offender.

idea that juveniles were not responsible for the crimes they commit

the provision that allows juveniles to be transferred to criminal court without review by and approval of the juvenile court

allows the juvenile or criminal court to impose a sentence that can include confinement in a juvenile facility and/or in an adult prison after the offender is beyond the age of the juvenile court’s jurisdiction

characterized by a state executive agency having across-the-board state control of delinquency services, including state run juvenile probation services, institutional commitments, and aftercare

characterized by local control of the various juvenile services, such as: juvenile courts, child welfare agencies, and aftercare services

the organization of the juvenile system is a mixture of state-controlled and locally operated juvenile services

intake, adult or juvenile jurisdiction, juvenile intake officer, formal processing, adjudication, detention and probation

the intake officer will take a life history, if possible will then refer the juvenile and/or parents/guardians to mental health care, a welfare agency, a diversion program, a counseling program, school program, or a similar alternative, the intake officer will place conditions on the juvenile and commit these conditions with a consent decree

an assessment of the juvenile and their past behavior, living conditions, parents/guardians, and school behavior

intake officer will commit the conditions of the juvenile to writing, specify the time frame, and obtain the agreement of the child and/or parents or guardian

known as a juvenile adjudication hearing, judge becomes important, if the intake officer deems a formal hearing appropriate, a juvenile delinquency petition (or waiver petition) is forwarded to the juvenile court judge

asks a judge to adjudicate (or hear and judge) the case in a formal hearing. Juveniles have been granted rights during these hearings: cross-examine witnesses, challenge the evidence against them, call witnesses on their behalf.

juvenile court can refer the juvenile to an alternative court, such as teen court or drug court

usually used for younger juveniles with no prior arrest record who are charged with less serious violation

for teenagers with substance abuse/addiction. Goal is to work toward long-term success and rehabilitation by: intensive and continuous judicial supervision, coordinated/supervised delivery of an array of support services necessary for treatment/ rehabilitation

the fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations made in the juvenile petition, hearings are more informal judges may adhere to either preponderance of evidence or reasonable doubt as evidentiary standard. No constitutional right to a jury trial.

happens once a juvenile has been found delinquent (guilty), stage in process in which the judge makes a decision on the form of treatment or punishment that shall be imposed on the juvenile. The judge has the power in setting a course of action, similar to pre-sentence, investigation a juvenile probation/court officer may be asked to make a dispositional recommendation

a judge decides whether the delinquent youth should become a ward of the state, then the court can place the juvenile in the following: residential placement, foster care, juvenile probation, juvenile boot camps, private boot camps

the state exercises its right of parens patriae and assumes primary responsibility for the health and well being of the child

supreme court ruled that national standards of decency did not permit the exception of any offender under age 16 at the time of the crime

supreme court held that the 8th and 14th amendments forbid imposition of the death penalty on offenders who were under the age of 18 when their crimes were committed

supreme court held that juveniles tried adults cannot be sentenced to life in prison without parole for nonhomicide offenses

supreme court extends the ban on sentences of life without parole for juveniles guilty of homicide offenses

are difficult-to-define juvenile distinct from adult gangs but mimic adult gangs and are significant sources of criminal activity and violence.

new type of gang with distinctive characteristics that differentiate them from traditional gangs: frequently school-based, less organized, less involvement in criminal activity and violence.

serious problem, various educational programs have been created to deal with the problem (DARE), indictors that drug use is increasing in some areas, marijuana, prescription and over the counter drugs are most abused by kids.

popular in school anti-drug program initiated by the LA police department in 1983 but abandoned when data failed to support its effectiveness

school violence is a major concern with school shootings in the last several years, fear/reaction to school violence may be due to the media coverage and the historical expectation of relative safety in schools, many claim the availability of firearms is a major contributing factor to school violence.

is making physical and/or psychological threats or abusing/tormenting another person, there is a large focus on reducing bullying with anti-bullying educational programs

school disciplinary policies that provide for mandatory disciplinary actions for any and all violations of school rules regardless of the student or circumstance

a law enforcement strategy for responding to shootings at schools/colleges in which a perimeter security is established and law enforcement officers negotiate with the shooter (strategy prior to the columbine school shooting)

law enfacement strategy for responding o shootings at schools/colleges in which the first officers on the scene seek and find the shooter and neutralize them (recommended strategy today)

police officers in schools, reduce bullying, zero tolerance policies, bans on cell phones in school, transfer troublemakers to juvenile courts, expand use of expulsion, increased security measures.

a government agency responsible for the health and welfare of children, CPS officers are social welfare workers, but must work closely with the police b/c many incidents are violations of the law.

certain crimes which does not require the prosecutor to prove means rea (criminal intent) by the perpetrator (crimes such as sex by adults with underage kids)

act that made it a federal offenses to transport a kidnapping victim across state lines

database of convicted sex offenders who are required to register with the police where they live, available to the public.

system that provides police with the ability to notify the public of a missing/abducted child through media technology and social networks

law that requires a parent/guaridan to report a child missing in a timely manner

Rob Parker

jay keller pinkerton