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66 Cards in this Set

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1. The category (person offenses; public order offenses, etc.) with the highest number of delinquency cases, 2005.
Property offenses 600,000****
2. The percentage of juvenile court cases in 2005 involving females and whites.
Female 27%
White 64%
3. The general/major trend in delinquency cases disposed, 1960-2005.
4X the case load
4. The type of offense with the highest number of delinquency cases referred to juvenile court in 2005.
Drug offense****
5. The type of offense (drug; person, etc.) with the highest number of cases, 1986-2005.
Property Offenses
6. Trends in delinquency case rates for all delinquency offenses by sex, specifically the slopes for males v. females, 1985-2005.
Male cases is much higher than females, however, the female rate has increased more than the male rate between 1985 and 2005
7. The order of delinquency case rates for all delinquency cases by race, 1985-2005 (what race/ethnicity is first; third, etc.)
1. Black
2. American Indian
3. White
4. Asian/NHPI
8. Trends and rank in delinquency case rates by offense category and age, 2005.
As age increases, so does the crimes:
1. Property
2. Public Order
3. Person
4. Drugs
9. Trends in and comparing delinquency cases for person offenses and property offenses by race and sex, 1985-2005.
Person Offenses:
-Males are higher, but the Female cases has increased more sharply since 1985.
-Whites has the highest increaes since 1985 ...blacks...Asian/NHPI...American Indian
PROPERTY offenses:
Both Female and Male have declined.
1. Black, 2. American Indian, 3.White, 4. Asian /NHPI
10. The general trends from 1985-2005 in delinquency case rates for drug offenses and public order offenses.
Drug offenses:
Has doubled
1. Black, 2. White, 3. American Indian, 4. ASIAN/NHPI
Males cases is 4X the females.
PUBLIC order:
Increased
-For females it has doubled, and for more males 87%
1. Black, 2. American Indian, 3. White, 4. Asian/NHPI
1. The decision in Ex parte Hull (1941).
Recognized that prisoners have a constitutional right of access to the courts, and that no state or its officers could abridge inmates of their right to access the federal or state courts through their petitions.
2. The current orientation of the juvenile court (punishment or the interests of youth)
****ASK****EDIT*****
3. What juveniles were treated as during the 1800s.
They did not have much rights....and were treated as adults****EDIT****
4. The rationale used for not allowing juveniles to rebut evidence used against them. (early years of the JC)
Because they thought that juveniles did not understand the law and had to have it interpreted for them by others, principally juvenile court judges.
5. The effects of bureaucratization on juvenile justice.
Transformation into more of a formal proceedings. The bureaucratic approach would be that juveniles should be held to a high standard of accountability for their actions.
6. The United States Supreme Court decisions associated with the following rights and decisions related to juveniles:
A. • Notice of specific charges
GAULT 1967
6. b. • Notice of right to counsel and to free counsel
GAULT 1967
6. c. • Privilege against self-incrimination and the right to say nothing during questioning
GAULT 1967
6. d. • Right to confront witnesses
GAULT 1967
6. e • Right to due process and care
KENT 1966
6. f.• Proof beyond reasonable doubt
WINSHIP 1970
6. g. •Double jeopardy
BREED V. JONES 1975
6. h. •Preventive detention
SCHALL V. MARTIN 1984
6. I. Unconstitutional to execute juveniles under 18 when they committed murder
ROPER V. SIMMONS 2005
6. J. •No U.S. constitutional right to a jury trial
MCKEIVER 1971
7. The crimes committed by juveniles in the following United States Supreme Court cases: Kent; Gault; Winship; McKeiver; and, Breed.
Kent- housebreaking and attempted purse snatching.
Gault- was on probation as the result of "being in the company of another who had stolen a wallet from a lady's purse"
Winship-Larceny
McKeiver-Robbery, larceny, and receiving stolen goods.
Breed-armed with a deadly weapon and allegedly committed robbery.
*Schall-First degree robbery, second degree assault, and criminal possession of a weapon
8. The implications of more constitutional rights for juveniles, and what most juvenile courts are in the U.S..
1. More equitable treatment through less disparity in dispositions among juvenile jduges;
2. Greater certanity of punihsment through the new justice orientation;
3. less informality in dispositions and less individualized rehabilitative treatments.
4. greater likelihood of acquiring a juvenile offender record, since procedures from intake through adjudication are increasingly codified; and
5. Greater likelihood of being transferred to criminal courts though waivers, since the most serious cases will move forward more frequently to juvenile courts.

Most courts are Civil Courts
9. Perhaps the most important implication for juveniles of juvenile court leniency.
it does not result in criminal record
10. In Oklahoma when a youth has the right to a jury trial.
Child has right to a jury trial in adjudicatory hearing
11. The primary reasons for supporting the death penalty, and the reasons for opposing it.
Supporting:
1. Retribution- offenders should be excuated because they did not respect the lives of others.
2. Deterrence- The death penalty deters others from committing murder
3. Just deserts- the death penalty is just punishment for someone who has committed murder.
Opposing:
1. It is barbaric
2. it may be applied in error
3. it is just revenge
4. it is costly than life impriosnment
5. it is applied arbitrarily
6. it does not deter others from committing murder
7. most persons in the United States are opposed to the death penalty.
12. The major U.S. Supreme Court decisions for the following cases: Eddings; Thompson; and, Standford and Wilkins.
Eddings: It have Oklahoma the position of lawfully imposing the death penalty on a juvenile who was 16 yrs old at the time he committed murder.
Thompson: Reversed the death penalty
Standford: The Supreme Court upheld Stanford's death sentence.
Wilkins: The Supreme Court upheld death sentence.
13. The three differences between juveniles and adults enunciated in the majority opinion in Roper v. Simons.
1. BECAUSE JUVENILES ARE SUSCEPTIBLE TO IMMATURE AND IRRESPONSIBLE BEHAVIOR IT MEANS THAT “ THEIR IRRESPONSIBLE CONDUCT IS NOT AS MORALLY REPREHENSIBLE AS THAT OF AN ADULT”
2. BECAUSE JUVENILES STILL STRUGGLE TO DEFINE THEIR OWN IDENTITY, “IT IS LESS SUPPORTABLE TO CONCLUDE THAT EVEN A HENIOUS CRIME COMMITTED
BY A JUVENILE IS EVIDENCE OF IRRETRIEVABLY DEPRAVED CHARACTER”
3. BECAUSE OF THE DIMISHED CULPABILITY OF JUVENILES COMPARED WITH ADULTS OVER 18, “NEITHER OF THE TWO PENOLOGICAL JUSTIFICATIONS FOR THE DEATH PENALTY-RETRIBUTION AND DETERENCE OF CAPITAL CRIMES BY PROSPECTIVE OFFENDERS…PROVES ADEQUATE JUSTIFICATION FOR IMPOSING THAT PENALTY ON JUVENILES”
14. The most visible law enforcement officers.
******N*******
15. The major focus of police interest in gangs.
focused upon prevention rather than retaliation
16. Differences between reactive and proactive juvenile units.
Reactive unit- police youth squad units that respond to calls for service whenever gangs are terrorizing neighborhoods
Proactive unit- Police youth squad units assigned special duties of aggressively patrolling high-delinquency areas in a n effort to deter gangs from operating.
17. The percentage of gang members in the United States who are females..
10%
18. What seems to make important differences in what the police may do when they stop youths.
how youths behave toward police officers whenever they are stopped and questioned seems to make an important difference about what the officers will eventually do.
19. The discretionary actions that may be taken by police officers when they encounter youth on the street.
1. May ignore the behaviors of youths they observe in the absence of citizen complaints.
2. may act passively on someone's complaint about juvenile behaviors.
3. may take youth into custody and released them to parents without incident.
4. may take youths in custody and refer them officially to community service agencies for assistance or treatment.
5. may take youths into custody, file specific charges against them, and refer them to juvenile intake here they may or may not be detained.
6. may take youths into custody, file criminal charges against them, and statutorily place them in jails pending their initial appearance, a preliminary hearing, and a subsequent trial.
20. The decision in Fare v. Michael (1979).
Rule that the totality of circumstances test should govern whether juveniles intelligently and knowingly waived their rights to be questioned by police about crimes, and whether it is necessary first to obtain parental consent.
21. A continuing problem of DSO in any jurisdiction.
is how male and female status offenders are differentially treated by Juvenile courts judges.
22. Where intake usually takes place.
in the office of a juvenile probation officer away from the formal juvenile court area
23. What typically happens to youth following a brief detention or booking.
******N******
24. The meaning of juvenile assessment centers..
organizations selecting entry-level officers for correctional work: assessment centers hire correctional officers and probation or parole officers.
established as processing points for juveniles who have been taken into custody or arrested
25. The primary reason for the presence of defense attorneys at early stages of juvenile processing and negative consequences of the presence of attorneys in juvenile proceedings.
is to ensure that the juvenile's due process rights are observed.
Negative:
the experience can be so traumatic that juveniles come to identify themselves with criminals who go through essentially the same process. eventually they will label themselves as criminal or delinquent. (Labeling theory)
26. Why plea bargaining is favored by some in the CJS.
it accelerates the criminal justice process
27. Who the discretionary powers of intake officers can be compared to..
to prosecutors in criminal courts.
28. A strong contributing factor in the treatment of males and females in the JJS.
is the paternalistic view of juvenile court judges and others in the JJS that has persisted over time in the aftermath and influence of parens patraie.
29. One explanation for the disenfranchisement by the JJS of racial and ethnic minorities.
is more limited access to economic resources among the poor and minorities.
30. What the get-tough movement has in mind for youth adjudicated for violent crimes.
has incarceration in mind
31. The following concerning the research undertaken by Dr. Franzese:
a. • A major question in the research
WHAT PLAYED BIGGER IN THE DISPOSITIONS OF YOUTH, LEGAL OR EXTRALEGAL VARIABLES?”
31. b.
• Where the data were obtained from (the data source)
NEBRAKA CRIME COMMISSION
31. c.
• The legal and extra legal variables in the research
5. LEGAL VARIABLES IN THE RESEARCH
a) TYPE OF COURT
b) SEVERITY OF CHARGE
c) PRIOR COURT REFERRALS
6. EXTRALEGAL VARIABLES
a) RACE
b) TYPE OF COUNSEL
c) SEX
d) SES
31. d.
• What made big differences in dispositions received by youth
SIGNIFICANT DIFFERENCE IN DISPOSITIONS BY TYPE OF COURT
31. e.
• Who was less seriously charged
Whites
32. The following concerning the juvenile court-JC (strictly from lecture):
a. • What shifted the focus of the JC
1960’S AND MAJOR UNITED STATES SUPREME COURT CASES
32. b.
• The purposes of the JC
1. TO PROVIDE FOR THE CARE, PROTECTION, AND WHOLESOME MENTAL AND PHYSICAL DEVELOPMENT OF CHILDREN INVOLVED WITH THE JUVENILE COURT
2. TO REMOVE FROM CHILDREN COMMITTING DELINQUENT ACTS THE CONSEQUENCES OF CRIMINAL BEHAVIOR AND OFFER A PROGRAM OF SUPERVISION, CARE, AND REHABILITATION
3. TO REMOVE A CHILD FROM THE HOME ONLY WHEN NECESSARY FOR HIS OR HER WELFARE OR IN THE INTERESTS OF PUBLIC SAFETY
4. TO ENSURE THE CONSTITUTIONAL AND LEGAL RIGHTS OF CHILDREN
5. RESTORATIVE JUSTICE-BEING RESPONSIBLE TO THE COMMUNITY
6. THE DEVELOPMENT OF SKILLS TO HELP OFFENDERS LIVE LAW-ABIDING LIVES
32. c.
• The model closest to Platt’s arguments (i.e., orthodox; invention?)
THE REVISIONIST MODEL
32. d.
• The differences between the one and two track adjudication models
a) SOCIALIZED JC-A ONE TRACK ADJUDICATION MODEL , OR THAT THE COURT HAD JURISDICTION OVER ALL CASES RELEVANT TO CHILD PROTECTION
b) CONSTITUTIONALISTS-TWO-TRACK ADJUDICATION MODEL-ONE THAT DIFFERENTIATED CHILDREN IN NEED OF HELP (DEPENDECNY AND NEGLECT) FROM THOSE WHO WERE DELINQUENTS
32. e.
• Why until the 1960’s the JC failed to adopt a more legalistic style
a) FEW APPEALS WERE TAKEN FROM JC PROCCEDINGS
b) THE ABSENSE OF PROFESSIONALISM OF CHILD WELFARE WORKERS AND PROBATION OFFICERS INHIBITED THEIR UNDERSTANDING OF THE LAW
c) THE ABSENSE OF LEGAL COUNSEL DISSIPATED ANY POSSIBILTIES OF CONTINUITY WITH HIGHER COURTS
d) LEGAL PROCEDURES THAT DID EMERGE WERE GENERALLY LOCAL IN NATURE, THUS PREVENTING A MORE WIDEPSREAD INTEREST IN BROADER DUE PROCESS RIGHTS FOR YOUTH
32. f.
• Who is authorized to file delinquency petitions
3. PROSECUTORS NOW HAVE THE ROLE OF IN DECIDING WHEATHER OR NOT TO FILE A DELINQUENCY PETITION
32. g
• Findings concerning counsel in juvenile court proceedings
2. COUNSEL CAN BE PRIVATE OR COURT APPOINTED ATTORNEYS, OR PUBLIC DEFENDERS
3. RESEARCH ON THE RIGHT TO COUNSEL FOR JUVENILES HAS REPORTED STARK DIFFERENCES IN HOW THIS IS CARRIED OUT NATIONALLY
4. THE RIGHT IS NOT BEING APPLIED UNIFORMLY IN THE NATION, AND WHEN IT COMES TO WAIVER OF RIGHT TO COUNSEL THERE APPEARS TO BE CONFUSION AMONG YOUTH CONCERNING THIS RIGHT
5. IN ADDITION, RESEARCH FREQUENTLY FINDS THAT COUNSEL IN JC BACKFIRES, WITH YOUTH WHO HAD COUNSEL RECEIVING MORE RIGID SENTENCES THAN THOSE WHO DID NOT HAVE COUNSEL (FRANZESE DOCTORAL DISSERATION; ET AL.)
32. h.
• What the PDR is called in adult proceedings
PSI
32. i.
• What the juvenile court hearing is frequently called
“BIFURCATED HEARING” (ADJUDICATION AND DISPOSITION HEARINGS)
32. j.
• The differences between adjudication and disposition hearings
5. ADJUDICATION HEARING
a) FACT-FINDING PORTION OF THE TRIAL
b) COMPARABLE TO THE CONVICTION PHASE IN ADULT PROCEEDINGS
c) PRIOR TO ANY HEARING JUVENILES ARE READ THEIR RIGHTS, AND IF JUVENILES HAVE WIAIVED THE RIGHT TO COUNSEL THEY WILL BE ASKED IF THEY UNDERSTAND THAT RIGHT
d) JC HEARINGS ARE USUALLY BRIEF AND PERFUNCTORY-CASELOADS ARE ENORMOUS
e) IF THE RIGHT TO A FULL HEARING IS WAIVED (HAPPENS FREQUENTLY-PRESENTATION OF EVIDENCE, TESTIMONY, ETC.) THE CHARGES FOR DELINQUENCY PETITION ARE READ BY THE DA
f) THE JUDGE WILL ASK YOUTH IF THEY UNDERSTAND THE CHARGES, AND ARE WILLING TO PLEAD GUILTY AND ACCEPT THE ADJUDICATION OF DELINQUENCY
g) ADJUDICATION IS BASED SOLEY ON THE CURRENT CHARGE-NOT ON PRIORS
6. DISPOSITION HEARING
a) COMPARABLE TO THE SENTENCING PHASE IN ADULT
b) DISPOSITIONS ARE BASED ON OFFENSE SEVERITY, PRIORS, INDIVIDUAL AND SOCIAL FACTORS, AND
c) THE PDR
32. k.
• Dispositional alternatives (i.e., dismissal; probation), and when institutional commitment occurs
DISPOSITIONAL ALTERNATIVES MAY INCLUDE (VARIES NATIONALLY)
1. DISMISSAL-DONE WHEN THE JUDGE HAS DETERMINED THERE IS INSUFFCIENT EVIDENCE THAT THE CHILD NEEDS FORMAL COURT SUPERVISION
2. COURT DIVERSION ALTERNATIVES
a) DONE PRIOR TO THE ADJUDICATION OR DISPOSITIONAL TRIAL PROCESSES
b) YOUTH MAY BE SUPERVISED UNDER INFORMAL ADJUSTMENT BY A COMMUNITY AGENCY (PREADJUDICATION) OR
c) BY A PROBATION OFFICER (PREDISPOSITIONAL)
d) MEDIATION MAY BE USED-RESTORATIVE JUSTICE AND RESTITUTION
3. PROBATION-WITH CONDITIONS (I.E., RESITUTION; COMMUNITY SERVICE)
4. PLACEMENT IN COMMUNITY RESIDENTIAL PROGRAMS-USUALLY SHORT TERM AND BASED ON INADEQUATE PARENTAL SUPERVISION
5. INSTITUTIONAL COMMITMENT-LAST RESORT (DISCUSSED IN MORE DETAIL LATER IN THE COURSE)
a) OCUURS WHEN YOUTH ARE CONSIDERED RISKS TO PUBLIC SAFETY
b) PLACED IN SECURE FACILITIES TYPICALLY CALLED TRAINING SCHOOLS OR JUVENILE CORRECTIONAL FACILITIES (OLD TERM-REFORM SCHOOLS)
c) RANGE FROM MINIMUM-SECURITY SCHOOLS TO MEDIUM AND MAXIMUM CORRECTIONAL FACILITIES (SIMILAR TO THE ADULT SYSTEM)
d) USUALLY ADMINISTERED AND OPERATED BY THE STATE

a) OCUURS WHEN YOUTH ARE CONSIDERED RISKS TO PUBLIC SAFETY
32. L.
• Who prepares the predisposition report
JC PROBATION OFFICER
JPO