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Chapter 13
Juvenile Justice System
Question | Answer |
---|---|
What does the juvenile justice system focus on? | rehabilitation |
During colonial times, at what age could children be banished, sentenced to death, etc.? | age 7 |
houses of refuge | intended to assist with reform movement in 1825; state-run until 1899. Largely failed. |
Patria postestas | father's right to use harsh punishment and discipline on their children |
child savers | first "social workers"; pushed for a different system and modified treatment of children |
What case led to the New York Society for the Prevention of Cruelty to children being founded? | the case of Mary Ellen Wilson |
When and where were juvenile courts first established? | 1899; Chicago |
By what year did all states implement some form of separate juvenile court system? | 1950 |
Parens patriae | doctrine that gives the state the power to act as a child's parent or in the child's best interest? |
What is a child offender called? | delinquent |
Kent v. United States | Supreme Court ruled that delinquents had the right to a hearing before transfer to adult court |
In re Gault | Supreme Court ruled that delinquents are entitled to due process protection |
In re Winship | Supreme Court ruled that standard of evidence for delinquents must be beyond reasonable doubt |
McKeiver v. Pennsylvania | Supreme Court ruled that a jury of peers for a delinquent (other minors) would create an adversarial atmosphere |
Roper v. Simmons | Supreme court ruled execution of a minor as a violation of the 8th amendment |
What is the youngest age a juvenile can be arrested in PA? | 10 |
At what age can you seek or deny medical treatment or counseling in PA? | 14 |
At what age can you consent to sexual activity? | 16 |
At what age do you go to the adult criminal system? | 18 |
At what age must you be released from a juvenile facility? | 21 |
Graham v. Florida | Supreme Court ruled that delinquents who have not committed murder cannot be sentenced to life without parole |
Miller v. Alabama | Supreme Court ruled that even for murder, life without parole violated 8th amendment |
Montgomery v. Louisiana | Supreme Court ruled that all inmates sentenced as juveniles must be retroactively resentenced |
juvenile delinquency | refers to juvenile offenders who engage in illegal acts |
status offenses | acts illegal only for juveniles |
Juvenile Justice and Delinquency Prevention Act of 1974 | designed to prevent delinquency and improve juvenile justice system |
Office of Juvenile Justice and Delinquency Prevention | established to support community efforts to provide treatment and rehabilitation programs |
superpredators | term coined in the 1990s referring to violent juveniles |
What are some special rules for initial contact with juvenile delinquents? | detention can last no longer than 6 hours, no interviews without parental consent, no secure holding |
School Resource Officer | officer employed by a local agency and assigned to a school |
delinquent child | child who violates criminal law |
undisciplined child | child beyond parental control as shown by refusal to obey legitimate authorities |
dependent child | child with no parents or guardians OR a child without proper parental care and control necessary for their safety and well-being |
neglected child | child who does not receive proper care from parents |
abused child | child who is physically, emotionally, or sexually abused |
status offender | a child who violates laws specifically written for children |
consent decree | plea bargain |
diversion | a decision to keep juveniles out of courtroom by assigning them to a community-based program, drug and alcohol treatment, mental health treatment, informal probation |
intake | booking |
detention hearing | preliminary hearing; must be within three days |
adjudication | must happen in ten days if child is kept in detention. found delinquent or not |
adjudicated delinquent | guilty |
disposition hearing | judge decides if child will continue to be delinquent or not. if kept in detention, the longest amount of time before disposition is 20 days (equivalent to sentencing) |
What is the maximum number of days a juvenile can be held? | 33 days |
aftercare | parole |
judicial waivers | judge decides whether child goes to adult court or juvenile court |
direct files | district attorney goes to juvenile court judge saying child should go to adult court |
automatic waivers | child automatically goes to adult court (must be 15+ and have committed a crime with a weapon |
reverse transfers | adult court judge sends child back to juvenile court |
consequences of juvenile waivers | harsher punishment, greater risk of victimization in adult prison, often placed in solitary for safety, does not have a deterrent ffect |