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juvenile justice Sorenson exam 3
Terms in this set (65)
station house adjustment
Police officer negotiates a settlement with the youth and parents instead of filing a petition
Probation officer negotiates a settlement with the youth and parents instead of filing a petition
Unless absolutely necessary most children are returned home, the exceptions would be
if a child is a danger to himself or others or parents are not capable of handling the youth.
many children are referred to a community-service program instead of
filing a formal charge.
The child has the right to
counsel and other procedural rights.
normally a _________ is held to determine whether to remand the child to a shelter.
a juvenile who is alleged to be delinquent has the following rights (In re Gault, 1967):
1. to notice of the charges and time to prepare for the case
3.to confront and cross-examine witnesses
4.remain silent in court
Both the Gault and Kent decisions (Kent v. United States, 1966) have been interpreted to require the application of the
4th Amendment (Search and Seizure) and the exclusionary rule to the juvenile justice process.
As a direct result of the Gault decision, the constitutional guarantees of the
5th Amendment (Due Process/Self Incrimination/Double Jeopardy)
and 6th Amendment (Counsel/Speedy Trial)
Many police administrators, prosecutors, and juvenile court judges believe that it is best not to question the juvenile unless
his or her parents or a counselor are present.
the U.S. Supreme Court in Gault set forth two conditions that must be met: (1) timeliness and (2) adequacy
hearing—The fact-finding process wherein the juvenile court determines whether there is sufficient evidence. It's the trial stage of the court process.
hearing is generally closed to the
If supported, Court may decide to hold additional hearing to determine
if the child is in need of treatment or rehabilitation
Court makes a finding about whether the child is
deprived, delinquent, abused, or neglected, or unruly, as alleged in the petition during the adjudicatory hearing
what is right after the adjudicatory hearing
the dispositional hearing
Between the adjudicatory hearing and the dispositional hearing, the court's staff members (usually probation officers)
are engaged in obtaining information useful in aiding the court to determine final disposition of a case.
As a result of the Kent decision (Kent v. United States, 1966),
counsel for the juvenile has been extended the right to review the contents of staff social background investigations used in waiver hearings because there is no irrefutable presumption of accuracy attached to staff reports.
Equivalent of sentencing for adult offenders, but the juvenile disposition is aimed at rehabilitation rather than retribution.
what is the standard of evidence required to find a youth delinquent.
beyond a reasonable doubt
what is the standard of evidence to determine if juvenile is in need of treatment or rehabilitation.
Clear and convincing evidence
___________ are often the result of U.S. Supreme Court decisions, whereas ____________ often result from legislative efforts in the individual states.
legal factors influencing officer discretion
-seriousness of offense
-frequency of offense
-prior/current involvement in juvenile system
Extra legal factors influencing officer discretion:
race, gender social class
-Unfortunately, these factors do still influence officers, and this is racism, classism, and sexism at its worst
personal factors to officers discretion
demeanor of kid, family situation, victim/citizen complaint
other factors that influence officer discretion
peer associates, the individuals characteristics (age, maturity, and attitude of youth.), Juvenile justice characteristics.
Juvenile card - briefly reprimand the youth, release, and submit a statement concerning incident.
station house adjustment
officers are bound by law to be mandated reporters of child abuse and neglect
the training of juvenile police officers is an ongoing process as the demands they face are
Cyberbullying has received increasing attention as a result of
highly publicized suicides related to this form of bullying.
Over the past _______________, police departments and schools have worked together to develop programs to help prevent delinquency and improve relationships between juveniles and the police
One early police-school consultant program
was developed in Flint, Michigan, in 1958.
Training and Competence of Juvenile Officers
College degree required more now
More training specifically related to youth in police departments
Visiting schools and professional associations
drug abuse prevention program
gang resistance program
Youth Focused community policing (YFCP)
Police work with community to pool information to best handle problems with juveniles
Serious Habitual Offender Comprehensive Action Program (SHOCAP)
(Used in Illinois) A multidisciplinary, interagency case management approach to sharing information to help watch and make decisions about serious youthful offenders
search and seizure
applies same to juveniles
Self-incrimination—applies the same to juveniles plus in many states parents also must be notified and present when questioning occurs
-Detention in adult facilities is extremely limited in time and situation; detention in juvenile center is ideal
-Documentation is to be kept separate from adults and kept confidential for the most part; photographs may be taken but also primarily kept from outsiders
Court Appointed Special Advocates (CASA)—
Usually volunteers who supply the court with alternatives in placement focusing on best interest of child
Children and family services personnel
Do not work for court, but play major role in investigationspresentation of evidence, and dispositional recommendations.
Guardian ad litem
litem—A court appointed attorney who protects the interests of the child in cases involving the child's welfare. Usually seen in abuse, neglect, and dependency cases or when child feels his/her parents and counsel are not working in favor of the child's interests
Role identity confusion—The
confusion—The problem that occurs when one job has many different and competing roles and expectations (often a problem faced by probation officers
Several different types of juvenile probation officers exist:
law enforcement officers
"Parent figure" judge
focused primarily on the youth's best interests
focused primarily on proper procedures
Juvenile Probation Officer
-Supervises youth allowed to remain in community; Pre-disposition investigation
-Has power to revoke probation for violations of probation agreement
-Coordinate services provided to youth
-Two types: Private counsel and court appointed counsel (attorneys or public defenders).
—The final decision about whether a juvenile will be dealt with in juvenile court rests with the prosecutor.
-Brings states case against the juvenile.
-Like police, prosecutors exercise a great deal of discretion when making decisions.
To modify offensive behavior after the fact by intervening prior to adjudication
To intervene after the juvenile has been adjudicated
Preventing illegal acts among all juveniles by alleviating social conditions related to offending
Identify those at high risk of offending and attempt to intervene early
-Prevention of additional delinquent acts by offenders
-During the 1930s, several projects addressed the issue of delinquency prevention (Chicago Area Project).
-During the late 1960s, the President's Commission on Law Enforcement and Administration of Justice (1967) recommended the establishment of alternatives to the juvenile justice system.
Bringing to the attention of juvenile authorities children who otherwise would not be labeled, thereby increasing rather than decreasing stigmatization.
Each agency carries certain beliefs and philosophies about what is in the best interest of the child.
Referrals to agencies outside of juvenile justice prior to juvenile entering the system
Suspends or terminates juvenile justice processing in favor of release or referrals to alternative services
promoting alternative thinking strategies
Philosophy is to make offender recognize how his/her crime affects others and to make them more responsible for their actions
Federal programs include programs for very young children:
Big Brothers/Big Sisters
High/Scope—preschool program—most successful
Federal programs for older youth:
In 1978, a documentary film, _______________, was shown to offer a simple but highly effective way of deterring juvenile delinquency and preventing juveniles from entering the adult system—by making them face real prisoners.
Leave kids alone whenever possible. According to Schur (1973), "The primary target for delinquency policy should be neither the individual nor the local community setting, but rather the delinquency-defining processes themselves" (p. 154).
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