click below
click below
Normal Size Small Size show me how
Law 8
Juvenile Justice
Question | Answer |
---|---|
the juvenile justice system deal witht he problems of | delinquency |
1st type of delinquency | involves an action that, if committed by an adult, would be a criminal offense. Crimes from murder to vandalism |
2nd type of delinquency | involves an offense/behavior which is prohibited for minors but not for those over a certain age. Like curfew, alcohol, tobacco, runaway, etc. |
Parens Patrie (parents for the state) | justify court involvement in non-criminal juvenile matters |
Loco Parentis (in the place of parents) | juveniles are not seen as having their freedom taken away, but rather, the court is exercising its right to act as a good parent in correcting the unacceptable behavior of a child |
Kent v. U.S. | Court emphasized that juvenile courts must meet certain standards |
In Re Gault | Court stated that juvenile courts could no longer ignore the constitutional rights of juveniles. Rights were access to a lawyer, notice of charges, privileges against self-incrimination, opportunities to confront and cross-examine witnesses |
In re Winship | adult court standard of beyond a reasonable doubt in determining the guilt of a juvenile. Juvenile has all constitutional rights that an adult has, except juveniles are not allowed a trial by jury |
requirements to get a juvenile record expunged | be 18 +, petition the court for an expungement hearing, pay processing fee, have no convictions for a specified period of time |
The Juvenile Court Act | provides that judges may appoint qualified persons to serve as commissioners to assist with the legal processing of juvenile court cases |
Serious Habitual Offender Comprehensive Action Program (SHOCAP) | information and case management process for prosecutors, law enforcement officers, schools, probation, judicial, corrections, social service, and community aftercare services. |
Serious Youth Offender Act 1995 | creates a procedure which will automatically transfer certain juvenile offenders to the adult justice system. |
certification | method for transferring a juvenile to adult District Court |
Juvenile Receiving Center (JRC) and the Truancy Prevention Program | provide counseling, protective sercies and safe shelter for children who are victims of abuse or neglect, and specialized treatment services for troubled youth |
a juvenile in a detention center can only be held there for | 48 hour period (not including weekends and holidays) before he must appear in a Juvenile Court. |