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Juvenile Delinquency Chapter 8
Terms in this set (23)
The idea that day-to-day operations of the juvenile justice system should be left up to the professionals working in the system without court review or intervention.
due process revolution
Period of time during the 1960s and early 1970s when the U.S. Supreme Court made several rulings that created or applied additional due process protections to juvenile justice.
The basic philosophy behind the creation of the juvenile court. The court was more of a hospital where juveniles went to be cured of their illness.
civil nature of juvenile proceedings
The juvenile court was operated and proceeded
similarly to a civil court rather than a criminal court.
Rights that govern the process by which a hearing or court action will proceed.
Rights that protect an individual against arbitrary and unreasonable action.
Kent v. United States
First U.S. Supreme Court case in which it was ruled that juveniles facing waiver to adult court are entitled to some basic due process rights.
In re Gault
U.S. Supreme Court case in which it was ruled that a juvenile in a delinquency proceeding is entitled to the essentials of due process, including right to
notice of the charges, right to counsel, right to confront and cross-examine witnesses, and the right to remain silent.
proof beyond a reasonable doubt
The facts and evidence are entirely convincing and satisfy that the person committed the act beyond any reasonable doubt, sometimes equated with 95 percent certainty.
preponderance of the evidence
Evidence which is of greater weight or more convincing than evidence that is offered in
opposition to it.Sometimes referred to as more than 50 percent, more than half of the level of certainty.
In re Winship
U.S. Supreme Court case that decided the standard of proof in juvenile delinquency proceedings is proof beyond a
McKeiver v. Pennsylvania
U.S. Supreme Court case in which it was ruled that juveniles are not entitled to trial by jury in delinquency proceedings.
Breed v. Jones
Case in which the U.S. Supreme Court ruled that juveniles are protected against double jeopardy by the U.S. Constitution.
per se test
Something is required in all circumstances regardless of the facts of a case.
Fare v. Michael C.
Case that established ground rules for determining whether a juvenile has knowingly and voluntarily waived his or her rights.
totality of circumstances
The test used to determine if a juvenile's waiver of rights was knowing and voluntary.
The right to remain silent, the right to an attorney, and the right to indigent appointment of an attorney.
New Jersey v. T.L.O.
The court decision that school officials only need reasonable grounds, not probable cause, to search a student when they suspect that the search will turn up illegal evidence.
Holding a person charged with a crime without allowing him or her to communicate with anyone.
Mandate that three felony convictions result in life imprisonment.
expunging or sealing
Allows for the erasure or destruction of juvenile records once a juvenile reaches the age of majority.
Schall v. Martin
Court case that decided juveniles can be held in preventive detention prior to adjudication.
The holding of a juvenile without bond or bail prior to his or her adjudication hearing