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Juvenile Justice
Terminology
Term | Definition |
---|---|
Delinquent | A youth who commits an act that would be a crime were it to be committed by an adult; the term is intended to avoid stigmatizing youth as criminals. |
Juvenile | A youth who is at or below the upper age of original jurisdiction in their resident state. |
Parens Patriae: | Literally parent of the country; the legal provision through which the state may assume ultimate parental responsibility for the custody, care and protection of children within its jurisdiction; the right of the government to take care of minors and other |
Restorative justice | Focuses on repairing the harm done to victims and to the community and stresses that offenders must contribute to the repair; alternately referred to as reparative justice. |
Retributive justice | Seeks revenge or recompense for the unlawful behavior (lex talionis). |
Status offense | an offense by a juvenile that would not be a crime if committed by an adult, for example. Truancy, running away, curfew violation or smoking cigarettes. |
Deterrence | Uses punishment or the threat of other sanctions, either formal or informal, to prevent future lawbreaking by showing there are consequences to aberrant behavior. |
Due process: | A difficult to define term; the due process clause of the us constitution requires that no person shall be deprived of life; liberty or property without due process of law, or carrying out the course of formal legal proceedings regularly and in accordance |
Youthful offenders | persons adjudicated in a criminal court who may be above the statutory age limit for juveniles but below a specified upper age limit for special correctional commitment. |
First Juvenile Court established in | Chicago Illinois 1899 |
Four D's in the Juvenile System | Decriminalization Diversion Due process Deinstitutionalization |
Legal and extralegal factors | Seriousness of offense, aggravating or mitigating circumstances or an offender's prior criminal record. |
Incouragable | Not able to be corrected, improved, or reformed. |
N.T.A. | Notice to appear |
Pick up order | Juvenile version of adult warrant; allows LEO or person to take juvenile into custody. |
Diversion | Form of restorative justice; filters children, rehab |
The KENT decision | Established transfer of juvenile to adult court. |
In Re GUALT | Established due process rights for juveniles. |
P.I.N.S. | Person In Need of Service |
Administrative search | Allows search or inspection of any property, place, or thing; the seizure, photographing, copying, or recording of property/physical conditions sound. |
Border Search | Searches and seizures at borders, ports of entry, airports. |
Adjudication | Decision by the judge that a child has committed delinquent acts. |
Adjudicatory hearing | A hearing to determine the allegations of a petition are supported by the evidence beyond a reasonable doubt. |
Adjustment | The settling of a matter so that parties agree without official intervention by the court. |
Aftercare | The supervision given to a child for a limited period of time after he or she is released form training school but while he or she is still under the control of the juvenile court. |
Commitment | A decision by the judge to send a child to training school. |
Delinquent act | An act that if committed by an adult would be called a crime. The term does not include such ambiguities and non-crimes as being ungovernable, truancy, incorrigibility and disobedience. |
Detention | Temporary care of an allegedly delinquent child who requires secure custody in physically restricting facilities pending court disposition or execution of a court order. |
Dispositional hearing | A hearing held subsequent to the adjudicatory hearing to determine what order of disposition should be made for a child adjudicated as delinquent. |
Hearing | The presentation of evidence to the juvenile court judge, his or her consideration of it and his or her decision on disposition of the case. |
Juvenile Court | The court that has jurisdiction over children who are alleed to be or found to be delinquent. Juvenile delinquency procedures should not be used for neglected children or for those who need supervision. |
Petition | An application for a court order or some other judicial action. Hence, a delinquency petition is an application for the court to act in a matter involving a juvenile apprehended for a delinquent act. |
Probation | The supervision of a delinquent child after the court hearing but without commitment to training school. |
Shelter | Temporary care of a child in physically unrestricting facilities pending court disposition or execution of a court order for placement. |
Consensus Theory | Holds that individuals within a society agree on basic values- on what is inherently right and wrong. Laws express these values. |
Conflict Theory | Suggests that laws are established to keep the dominant class in power. |
Determinismn | Views human behavior as the product of multiple environmental and cultural influences rather than a single factor. |
Title 19 Chapter 13 GCA | Child Protective Act |
Title 19 Chapter 5 GCA | Family Court Act |
General Order 11-13 | Juvenile Procedures |
General Order 93-15 | Handling of Persons in Custody (P.I.C.s) |
Title 9 GCA | Crimes and Corrections |
Learning Theory | Contends that criminal behavior, like any other behavior, must be learned. It can be learned in small groups or by watching others. |
Critical Theory | Combines the classical free will and positivist determinism views of crime, suggesting that humans are both self-determined and society-determined. |
Rational Choice | Crime is the product of a conscious decision. Offenders are rational actors who weigh the costs and benefits. |
Biosocial Perspective | The propensity for criminal behavior is heritable and interacts with the environment. |
Psychological | Individual differences in thinking or emotional regulation explain why some people commit crime and others do not. |
Social Structure | Points to unique aspects of the broader social environment that may be crime-producing. |
Social Learning | Like any other behavior, criminal behavior has to be learned. It can be learned in small groups or learned by watching others. |
Counseled and Released | Action taken on a juvenile case involving a very minor incident (either criminal or non-criminal), wherein, the juvenile is counseled by a patrol officer or an investigator from the Juvenile Investigations Section. |
P.I.N.S. | A juvenile who is destitute and is without supervision and is in need of protective custody. |
CORE Requirements provisions in the Juvenile Justice and Delinquency Prevention Act in the handling of juveniles? | Deinstitutionalization of Status Offenders (DSO) Adult Jail and Lock-up Removal "Sight & Sound Separation" Disproportionate Minority Contact |