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Juvenile Justice System ch 7-9
Juvenile Justice System Flash Cards
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04/13/2010

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Cards

Term

What is the Standard of Proof in Juvenile Proceedings

 

Definition

      Prior to 1970, standard was preponderance of evidence

      In re Winship however changed it to beyond a reasonable doubt

      This makes cases harder to prove for prosecutors

 

Term

Confidentiality of Juvenile Court Proceedings in Transition.

 

Definition

-Confidentiality of juveniles has ben decreasing due to Record-keeping.

-30 state  have hopen hearings for juveniles (2005)

Term
What affects Prosecutorial Decisoin Making?
Definition

-Juvenile system has been slow in case prcessing

-Case backlogs have sometimes attributed to prsecutor and judge work habits.

-Increases in juvenile cases.

Term

Time Standard in Juvenile Prceedings:

2 hours

Definition
Between police referral and decision to detain
Term

Time Standard in Juvenile Prceedings:

24 Hours

Definition
Between detention and petition justifying further detention
Term

Time Standard in Juvenile Prceedings:

15 days

Definition
Between Police refferal and adjudication and final disposition (if youth detained)
Term

Time Standard in Juvenile Prceedings:

30 days

Definition
Between police referral and adjudication and final disposition (youth not detained)
Term
Reasons Why Juvenile Corut Proceedings Should Be Accelereated
Definition

-Adolescence is a critical period where youth may undergo changes


-if delayed, difficult for youth to accept punishmetn.


-Small percentage of cases that are serious.

Term

Facts:

Public Defenders for Juveniles Influence courts by...

Definition

- Great procedural formality in appointing public defenders

-- Presence of attorney in proceedings make them less informal

Term
Problems with Public Defenders
Definition

-Limited resources

-Growing caseloads for public defenders

Term
Speedy Trials for Juveniles
Definition

-no federal constitutional right for juvenile

-Standards vary among juristiction

-longer in the system more likely to come back.

Term
Defense Attorney for Juveniles
Definition
Safeguard Juvenile rights/treatments
Term
Guardians ad Litem
Definition

-Gardians appointed by coruts to represent youth, ward, or unborn person

 

-In some cases it is the defence attorney.

Term
Plea Bargaining
Definition
Admit to guilty for lesser punishment.
Term
Parents in Juvenile System
Definition
-Usually make matters worse.
Term
Dealing with cronic Offenders
Definition

-Mandatory group therapy

-expedited hearins, close monitoring, sepperate from other offenders.

-Continuous counseling, long-term secure confinment.

Term

Blended Sentencing Statutes:

Juvenile - Exclusive Blend

Definition
-Adult facility or a juvenile facilitty sentencing
Term

Blended Sentencing Statutes:

Juvenile-Inclusive Blend

Definition

-Juvenile will start in juvenile detention center and then goes to adult detention when of age.

-(sometiems prisons can be suspended for good behavior)

Term

Blended Sentencing Statutes:

Juvenile-Contiguous Blend

(only in some states)

Definition

-Juvenile judge has right to impose some sentence beyond the age of 18

-Then another hearing is given to offenders.

Term

Blended Sentencing Statutes:

Criminal-Exclusive Blend

Definition
-Criminal judge decides to send ether to adult or juvenile facility.
Term

Blended Sentencing Statutes:

Criminal-Inclusive Blend

Definition

-Juvenile sent to both places

-may start in juvenile and then goes to adult.

-sometimes prison will be suspended based on behavior.

Term

As of 2008 # of status offenders:

Runaways

Definition
36,000
Term

As of 2008 # of status offenders:

Truancy (skipping school)

Definition
48,000
Term

As of 2008 # of status offenders:

Ungovernability

Definition
26,600
Term

As of 2008 # of status offenders:

Liquor laws

Definition
44,900
Term

As of 2008 # of status offenders:

Other Miscellaneous Status offenses

Definition
38,000
Term

As of 2008 # of status offenders:

% that was Adjudicated

Definition
56%
Term

Juvenile Delinquency Dispositions:

number of cases in 2008

Definition

-2008 2.2 million delinquency cases

 

Term

Juvenile Delinquency Dispositions:

% had formal adjudications

Definition
60%
Term

Juvenile Delinquency Dispositions:

probation / other conditional releases

Definition

of the 60%

1/2 recieved probation / etc.

Term

Juvenile Delinquency Dispositions:

% waived to adult court

Definition
1%
Term

Juvenile Delinquency Dispositions:

% to secure detention

Definition
12%
Term

Juvenile Delinquency Dispositions:

% placed in residential facility

Definition
30%
Term
What is a juvenile transfer
Definition

Movement of a juvenile to another juristiction

(ex: adault court)

Term
Ideal Characteristics for Justifying Transfers
Definition

-Age, offense seriousness, and prior record

 

-those transfered should be chronic, persistent, and violent offenders

Term
Automatic Waivers
Definition
-offers in a particular age range who committed a particular type of offence will be automatically transferred to adult court.
Term
Why property offenders get transferred?
Definition

-most are chronic offenders

-some exceed max number of adjudications

 

Term

Types of Waivers:

Judicial- Discretionary

Definition
-Discression of the judge
Term

Types of Waivers:

Judicial - Mandatory

Definition
-Set up laws what to do with juvenile.
Term

Types of Waivers:

Judicial - Presumptive

Definition
-present evidence that shows they should be in juvenile court
Term

Types of Waivers:

Direct File

Definition
-Prosecutor has sole authority to decide criminal/juvenile court.
Term

Types of Waivers:

Statutory Exclusion

(AKA:Legislative Waiver)

Definition

-Automatically excluded from juvenile court due to offence.

-Also age

Term

Types of Waivers:

Demand Waivers

Definition

-Juveniles request waiver for jury by trial.

-due to serious charges

-Sympathy from jury.

Term

Types of Waivers:

Reverse Waivers

Definition
-Transfer back to juvenile court by criminal court.
Term

Types of Waivers:

"Once an Adult Always an Adult"

Definition
-once a juvenile is tried in a criminal court, can no longer go to juvenile court.
Term
Waiver Hearings
Definition
-Determine whether sending juvenile to criminal court is just.
Term
Reverse Waiver Hearings
Definition
-Sending a juvenile back to juvenile court
Term
Benefits from Juvenile Court Adjudications
Definition

-Civil not criminal

-Less Likely to recieve Incarceration

-More lenient

-public sympathy in juvenile system

-life inprisonment/death penalty not option

Term
Unfavorable Implications of Juvenile Court Adjudications
Definition

-Discretion for lenghty sentences

-no jurry by trial

-Under-penalized offenders

-Juveniles have less rights

Term
Many Jurisdictions, secure confinement is...
Definition
A last resort.
Term

Death or serious injury to 1 or more victims is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Offense committed while waiting other delinquency charges

is...Aggravating/Mitigating circumstanc?

Definition
Aggrivating
Term

Offenses committed while on porbation, parole, work release

is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Prior record

is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Leadership in delinquent acts

is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Violent offence involving 1 or more victim

is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Extreme Cruelty

is...

Aggravating/Mitigating circumstanc?

Definition
Aggravating
Term

Use of a dangerous weapon

is...

Aggravating/Mitigating circumstanc?

Definition
aggravating
Term

No serious body injury involved

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

No attempt to inflict serious bodily injury

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

Duress or extreme provocation

is...

Aggravating/Mitigating circumstanc?

Definition
Minigating
Term

Circumstances that justify the conduct

(EX: self defence)

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

Mental incapacitation or physical condition that reduce culpability

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

Cooperation with authorities

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

No prior record

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term

Youthfulness

is...

Aggravating/Mitigating circumstanc?

Definition
Mitigating
Term
Risk Assessments are...
Definition
Assesments done to see if juvenile is ready to go back to the community.
Term
Needs Assessment is...
Definition
Assessment on what services the juvenile needs when released into the community.
Term
Selective Incapacitation
Definition
Incarcerating those believed to be dangerous, while freeing those believed not to be dangerous.
Term
False Positive
Definition
predicted to be dangerous but juvenile is not a threat
Term
False Negative
Definition
Predicted not to be dangerous but juvenile is a threat.
Term
Collective Incapacitation
Definition
Everyone gets incarcerated.
Term
Problems with Selective Incapacitation
Definition

-Measures of dangerousness are imperfect

-False positive / False negative similar

-No risk instrument is demonstrably valid

Term

Types of Risk Assessments:

Anamnestic Prediction

Definition
-Uses past sets of circumstances to predict future behaviors
Term

Types of Risk Assessments:

Actuarial Prediction

Definition
-Youthfull offenders are compared with former offenders
Term

Types of Risk Assessments:

Clinical Prediction

Definition
-Professional assessmetns of diagnostic examinations to predict future behaviors
Term
Elements of Risk Assessmetns
Definition

-Age

-Priors

-Drug/chemical abuse

-Family problems

-School problems

-Peers

Term
Preparation of Predisopsition Reports
Definition

-Makde by prbation officer

-Informs judge of juvenile's background

-Made for early release

Term
Definition
Term
Reasons for Predisposition Reports
Definition

-Provides judge with juvenile progress

-Helps point out offender's needs

-Positive factors of rehab.

-Gives judge offender's treatment history

Term
Definition