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(CJ) JJ Exam 2
| Question | Answer |
|---|---|
| is there a constitutional right to a separate juvenile justice system? | nah |
| What implications does the lack of a constitutional right to a separate juvenile justice system have for the jurisdiction of the juvenile justice system? | This contributes to varying jurisdictional policies |
| Parens patriae | The right of the government tos tep in and take children away from their parents if their legal guardian is unfit. |
| In loco parentis | means in place of parents and allows the government to act as parents |
| Outline Kent v. US | A case where a 14 year old made contact with the feds and was 16 and on probation when he was waived to adult court. He asked for his probation officer and was not allowed to speak to hem. He was sentenced to 30-90 years in adult court. |
| What was the issue in Kent v. US? | They did not give this kid due process. |
| What did Kent v. US consider? | whether a juvenile is entitled to due process in the adult system. |
| What did the supreme court decide in Kent v. US | they decided that juveniles are entitled to due process in the adult system |
| Five due process rights afforded to juveniles through In Re Gault | Right to reasonable notice of all charges, right to counsel, right to appointed counsel if indigent. Right to confront and cross witnesses. right to self incrim, including right to stay quiet |
| case: juvenile courts must use proof beyond a reasonable doubt when one of the possible dispos is incarceration | In re winship |
| t/f: juveniles have a right to trial by jury | false |
| which supreme court case outlines whether juveniles have a right to trial by jury | McKeiver v. Pennsylvania |
| Why do juveniles not have a right to jury trials? | to grant jury trials would end the distinction between juvenile and adult systems |
| T/F: The supreme court has not directly heard a case regarding police search and seizure with juveniles | true. (search and seizure, but not with the cops) |
| What practice was being considered in the case Schall v. Martin | preventative detention of juveniles |
| is preventative detention of juveniles constitutional? | yes |
| what is the basis used to determine whether a juvenile should be held in preventative detention? | a judge's independent determination that a juvenile is likely to engage in criminal behavior prior to trial |
| Which US Supreme Court case outlined the concept of double jeopardy for juveniles? | Breed v. Jones |
| What percentage of juveniles were placed on probation in 2018 | 63% |
| How does one become a juvenile court judge? | you can be elected, appointed by the governor, or appointed by the legislature |
| primary responsibility of a jv court judge | operating the juvenile court, important decision maker |
| what is the primary responsibility of a juvenile court referee? | hearing cases, tend to pre adjudication hearings. usually hears less serious cases. can preside over pre adjudication hearings such as detention hearings and arraignment |
| four key responsibilities of the prosecuting attorney | -makes the decision whether a case should be dismissed, adjudicated, or diverted -decides what charges to bring against the juvenile -responsible for dispo of the case -responsible for initiating the proceedings taht lead to waiving a juvenile to ac |
| T/F: Despite in re Gault, less than 50% of juveniles accused of delinquency receive assistance of counsel | T` |
| What three basic functions does the probation officer perform: | perform intake screenings that decide if case is handled formally or inf complete predisposition reports that help judges determine dispoistion monitor juveniles on probation to make sure they are complying with the conditions of their parole |
| what two important decisions are made during the intake process? | decision to detain and the decision to petition the case |
| who is intake performed by? | juvenile probation department or prosecutors office |
| when juveniles are intitially detained, how soon after detention are they required to have a detention hearing?hearing | 24-72 hours |
| a juvenile may be detained if: | theyre determined to bea threat to the community, if they will be in danger if returned, or if they're a flight risk |
| who makes the decision to petition a case? | probation officer, but the prosecutor has also been known to make the decision |
| one of three outcomes: | dismiss the case against the juvenile and release the indiv, handle the matter informally, petition the case by referring it furhter into the jj system for formal intervention |
| who decides if there is enough evidence to substantiate the claim? | prosecutor |
| appx. how many cases that are referred to juvenile court are dismissed? | 17% |
| what percentage of cases referred to the j court system are handled informally? | 26% |
| what possible requirements if cases are handled informally? | restitution, com service, attend school, or some other req |
| what happens at the arraignment hearing? | juveniles are notified of the charges against them and asked to enter a plea |
| about how many cases actually involved an adjudication hearing? | 5% |
| adjudication hearing | a hearing to determine whether there is evidence beyond a reasonable doubt to support the allegations against the juvenile |
| what was the governmental response to declining faith in the system? | punitive sanctions were introduced and state systems were remodeled. |
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obs1dian