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Flashcards covering key differences between juvenile and adult justice systems, trial processes, burdens of proof, status offenses, and definitions of crime.
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What is a key difference in focus between the juvenile and adult criminal justice systems regarding formal processes?
The juvenile system has more diversion, aiming to keep cases out of formal processes, while the adult system focuses more on formal processes.
In the adult criminal justice system, what is the most common outcome for criminal cases instead of a trial?
A plea bargain, occurring in 90-95% of cases.
How does the adult criminal justice system typically view social factors (like family situation or poverty) when considering a case?
There is less focus on social factors in the adult system, as adults are generally assumed to make their own choices.
What is the primary focus of the adult criminal justice system concerning offenders, as opposed to 'fixing' them?
Punishment.
What is the formal document in the juvenile system that initiates a case and details the reasons for a juvenile being adjudicated as delinquent?
A 'petition for adjudication'.
How are trials characterized in the juvenile system compared to criminal trials in the adult system?
Juvenile trials are 'quasi civil' and not considered criminal trials, often leading to them being closed to the public.
Is the right to a jury trial always guaranteed in the juvenile justice system?
No, the right to a jury trial is not always guaranteed for juveniles.
What is the burden of proof required in the juvenile justice system?
Preponderance of the evidence.
Why is the burden of proof lower in the juvenile system compared to the adult system's 'guilty beyond a reasonable doubt'?
Because the punishment and consequences are often less severe in the juvenile system.
What types of offenses apply only to juveniles and not adults?
Status offenses.
Name three examples of status offenses mentioned in the lecture.
Running away from home, curfew violations, truancy (missing school), alcohol or tobacco (underage).
Besides juveniles who violate adult laws or commit status offenses, who else does the juvenile system apply to?
Juveniles who are dependent (lack a capable parent/guardian) or neglected (needs like food, shelter are not met).
What is identified as the biggest status offense in terms of referrals?
Truancy.
In most U.S. states, including West Virginia, what is the upper age limit for a person to be dealt with in the juvenile system?
17 years old or younger.
What is the minimum age for juvenile court jurisdiction in West Virginia?
There is no minimum age.
What is the difference between the 'legal definition' and the 'behavioral definition' of crime?
The legal definition refers to crimes that lead to an arrest or official report, while the behavioral definition includes all instances of the behavior regardless of whether it led to an official report.
Which definition of crime (legal or behavioral) reveals significant racial disparities due to arrests and reporting?
The legal definition of crime.