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20 Cards in this Set
- Front
- Back
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Juvenile delinquents
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a.offense comitted by juvenile
b.still applies to adults |
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Status Offenders
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a.offense because of persons age
b.runaway c.truency d.curfew |
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Chins
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a.children in need of supervision
b.need of supervision c.neglected children |
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Delinquency Prevention Act of 1974
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a.status offenders should not be housed with juveniles delinquents
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Parents Patriae
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a.juvenile just system runs under
b.government is parental guardian c.make decisions in best interest d. |
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60-70's (juveniles)
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a.juveniles had greater due process rights
b. |
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Juvenile Courts*final essay
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a.less formal
b.not courts of record c.most states (no right to jury trial) |
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Criminal Courts
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a.range of punishment is greater
b.some processes c.different terminology |
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Juveniles Process
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a.taken into custody through intake
b.more serious case sent to prosec. through petitions c.case to judge d.guilt or innocence e.ajudication (decision) by judge -dismissing charge -delinquent -status offender *housing location (or disposition) ^Anominole - warning, or class... ^Conditional - probation, conditions ^Custodial - removal of parents (secure or non secure facility) |
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In re Gault
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most important - granted juveniles most of due process rights that adults receive.
-right to counsel -right to confront witness |
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Kent vs US
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decision - juveniles entitled to a hearing before being transfered to adult court. (waiver hearing)
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In re Winship
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decision - change standard of proof to ajudicate juvenile as delinquent
"beyond a reasonable doubt" |
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Schall v. Martin
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decision - juveniles like adults can be detained before trial
limited number of days to 17 |
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Serious Juvenile Offenders
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a.increasingly been waived or transferred to criminal court
b. lowered age c.greater use of plea bargaining |
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Transfers
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a.changing jurisdiction to another jurisdiction
b. juvenile to adult court |
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Waivers (types)
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a.prosecutorial - direct file - give prosecutors right to transfer
b.judicial - gives judge the right to transfer c.Legislative - statutes prescribing certain offenses be excluded from juvenile court system. d.Demand - juvenile can motion to have waived to adult court. |
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Certifications
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a.formal process procedure by which the state declares juvenile is adult for the purpose of criminal prosecution
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Reverse Waiver Hearing
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a. in states where prosecutors says it should automatically waive to adult court.
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Once and Adult always an Adult PROV.
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a.once a juvenile has been convicted or sentenced in criminal court the person is considered adults for the purpose of criminal prosecution.
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Reasons to have Juvenile case Waived?
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a.trial by jury
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