Criminal Justice 340 Test 1

Front 1

child saver

Back 1

movement that emerged in the 19th century and influenced development of juvenile justice system, stressed value of redemption and prevention through intervention in form of education and training

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invention of delinquency

Back 2

written by criminologist Anthony Platt in 1966; critically evaluated parens patriae

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rehabilitative ideal

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the belief that a primary purpose of punishment is to affect a change in the character, attitudes and behavior of convicted offenders to contribute to both community and the welfare of the individual

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Social Darwinism

Back 4

theory of Darwin's "survival of the fittest" applied to sociology and politics

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training or industrial school

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trade or vocational schooling for delinquent juveniles, allowing them to learn a trade while being rehabilitated

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parens patriae

Back 6

originated when juvenile orphan was unable to acquire wealth from deceased father; state becomes the parent

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index crimes

Back 7

crimes that FBI use to produce annual crime index: willful homicide, forcible rape, robbery, burglary, aggravated assault, larceny over $50, motor vehicle theft, and arson

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cottage plan

Back 8

Christian fostercare; used a step system i.e. indeterminate sentence; thought to be worse than adult system due to inmate exploitation among other factors

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adjudication

Back 9

legal process in which judge reviews evidence to make a decision determine conviction

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status offenses

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a crime prohibited to only certain individuals based on factors such as age. example: drinking age, gambling age

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adversarial proceedings

Back 11

any action or hearing in which the party seeking relief gives legal notice to the other party with the opportunity to contest claims i.e. court trial

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Anthony Platt

Back 12

criminologist and author of "Child Savers: The Invention of Delinquency" in 1966; opposed parens patriae

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"predelinquent"

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developing or tending towards delinquency; rules by parens patriae

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aging-out process

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when a youth transitions from the formal control of the foster care into independent living

Front 15

best interests of the child

Back 15

decision whether child should be placed in juvenile rehabilitative system or tried as an adult

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OJJDP

Back 16

Office of Juvenile Justice and Delinquency Prevention: office in United States Department of Justice which focuses on setting policies to guide federal juvenile justice issues

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Illinois Juvenile Court Act of 1899

Back 17

distinguished between neglected and delinquent
juveniles
• established a system of probation for juveniles
• created a separate court system
• created a special set procedures for juvenile
• separated juveniles and adults in the correction
system
• established a system of probation to assist the
court system

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teen courts

Back 18

problem-solving courts used to provide an alternative disposition for juveniles who have committed a delinquent act; used for carrying out hearings and sentencings

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GREAT and DARE

Back 19

Drug Abuse Resistance Education (DARE) and Gang Resistance Education and Traiing (GREAT) had cops go to schools to educate youth on ways to avoid the law as a juvenile; found to not work so well

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role conflicts

Back 20

conflict among roles of two or more statuses; ex: husband and father who is also Chief of Police has duties to family and to community during times of crisis

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probable cause

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standard in which officer has grounds to make an arrest or to obtain a warrant for an arrest

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search and seizure

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police and search and confiscate property of individuals whom they have probably cause against

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custodial interrogation

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a situation in which the suspect's freedom of movement is restrained, even if he is not under arrest

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Bishop and Frazier

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examined the influence of race in juvenile justice proceedings

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Fare v. Michael C. (1979)

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suspected in murder committed during a home robbery, incriminating statements made after his request to have his probation officer present was denied, totality of circumstances interpretation, supreme court ruled against him

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N.J. vs. T.L.O (1985)

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schools operate in loco parentis (school becomes parent); girls purse was rooted through, found drugs; supreme court ruled that school had the right to do so, reversing N..J. supreme courts decision for T.L.O.

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Board of Education Pottawatomie County v. Earls

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court ruled 5 to 4 against student who objected to drug screening as precondition of participating in academic club; argued that clubs were privileges, not rights, and also that no serious drug problems at school

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Ira Schwartz

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First Director of OJJDP; argued that youth should have unwaiverable Miranda rights (Miranda warning applies to custodial interrogations only); stated that parents are inadequate guardians of children's Miranda rights

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Yarborough v. Alvarado

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gave confession but was not read Miranda rights, court ruled that he did not have to because he was not in police custody, appealed because he was a minor, looked at totality of circumstances for other cases

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New Hampshire v. Benoit

Back 30

a confession was ruled inadmissible because a youth was not warned that his statement could be used against him

Front 31

due process

Back 31

legal requirement that state must respect all of the legal rights that are owed to a person

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utilitarian-deterrence

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legal principle that a person should only be punished if the punishment benefits society and help to deter future harmful conduct

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Lombroso-atavism

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thought criminals are distinguished from noncriminals by physical anomalies; had characteristics that were more primal or animalistic than human-like

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reformatory

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a youth detention center

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reification of youth

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turned idea into reality of dependency by passing status offense laws i.e. drinking age, child labor, curfews, gambling, tobacco, firearms

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net-widening

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expanding the net of social control in reformative justice that formal court proceedings would not have dealt with

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indeterminate sentence

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"dispositions," not sentencing are given to juveniles and do not have time frames, rather go off how long it takes juvenile to reform

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informal proceedings

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admission of a will to probate without the requirements necessary in an adversarial hearing, such as notice to participating parties

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experiential education

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describes the process of learning that occurs between a teacher and a student that infuses direct experience with learning environment and content

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House of Refuge

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same as cottages, housed delinquent children and also poor and orphaned kids (early 1800s)

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Uniform Crime Report

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official data on crime in the United States, reported by the Federal Bureau of Investigation

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Charles Loring Brace (1826-1890)

Back 42

father of the modern foster care movement and the Children's Aid Society, contributing philanthropist in the field of social reform

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individual treatment

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offered to delinquents with extreme individual treatment needs and extenuating circumstances

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Reid technique

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type of interrogation method that is recommended for use only in circumstances where guilt is certain, proprietor of many false confessions. see: video in class (12 year old boy killing 6 year old girl)

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PINS, CHINS, YINS, etc.

Back 45

person/child/youth in need of supervision, pertained to delinquents in need of special treatment

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disposition

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term used instead of "sentence" to describe the indeterminate sentencing in juvenile justice system

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petition

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protects rights of children in court, allows them to see parents or be transported to juvenile hall

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Barry Feld

Back 48

leading scholar of juvenile justice

Front 49

community policing

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system of allocating police officers to designated areas to become familiar with the local inhabitants

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problem-oriented policing

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policing strategy that involves the identification and analysis of specific crime and disorders

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reasonable suspicion

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police officers have right to search person or property with suspicion of crime i.e. driver whose breath smells like alcohol

Front 52

Miranda warning

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warning given by police to person in custody to notify them of their fifth amendment rights

Front 53

People v. Lara

Back 53

totality of circumstances include: age of child, education, knowledge of charge, allowed to consult family or friends, interrogated before or after charge, interrogation methods, prior refusals

Front 54

California v. Prysock

Back 54

stated it is okay to paraphrase Miranda warning as long as all of the key components are in it

Front 55

Veronia v. Acton

Back 55

extended N.J. v. T.L.O. to suspicionless searches, allows drug testing as a condition for participation in school athletic teams

Front 56

Commonwealth v. Guyton

Back 56

stated that 17 year old sister was not adequate substitute for an "interested adult," most states do not require parent or interested adult be present during custodial interrogation

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Safford v. Redding

Back 57

limits strip search by school officials

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J.D.B. v. North Carolina

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13 year old was not given Miranda rights or allowed to consult a parent before confessing, Supreme Court ruled that his age was a factor and he could not be interrogated regardless of whether he was in custody or not

Front 59

police discretion

Back 59

leave police work up to different factors such as seriousness of offense, attitude, race, and gender