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Delinquency
Merely a label for criminal behavior
-different labels and different systems
You criminals= _______________
Delinquents
This type of crime can only be committed by juvenile
Status offense
Females commit __________ status offenses at the juvenile level
More
Ignored to when our behavior is considered delinquent
True
False
False
Sometimes delinquent behavior is ignored in order to avoid them being categorized
Labeling theory
Most youth/regular delinquents are not considered extremely good or bad
True
False
True
Juvenile case has been heard an adult court, but started in juvenile court
Transfer or waiver
Reasoning for juvenile being heard an adult court
Judicial efficiency
Minimum age for juveniles to be considered to be heard an adult court (for most states)
14
This system:
-phone number of arrest sent to the FBI
-cannot capture dark figure of crime
-only crimes known to the police
UCR
Difference in part one and part two of UCR
Part one: serious crimes, specific known information
Part two: less severe crimes, other crimes, not listed in part one (status defenses, property crime)
This system:
-modern UCR
-more information, especially about victim(s) and offender(s)
-crimes against persons, society, property
National incident based reporting system
This system provides information from victims, not through law-enforcement
NCVS-National crime victimization survey
What's the most prevalent form of defending in juveniles?
Property crimes
Do males or females dominate the court system in juvenile court?
Males
Why do delinquency cases today far exceed four decades ago?
Technology
Juvenile court is filled with Asian Americans
True
False
False
Black youth is over represented in the court system
True
False
True
Many youths are sentenced to confinement
True
False
False
Self support measures are useful and understanding behavior and ask about
- _____________ background
-______________ status
-friends___________
-family
-economic
-behavior
1-6: no crime
7-13: ________________
14-> crime
Rebuttal presumption
MTF focus
Drug use but also probes delinquent behavior
MTF in the national youth survey address issues in earlier surveys such as
-include more serious offenses
-elicit fewer positive responses
What are the most recent self reports for MTF?
Minor criminal is up and serious. Offending is down.
(Kids have hours to kill after school)
Which measure is best
No single method is better/depends on what questions being asked
Official records are useful for studying official____________
Processing (how many males versus females are in the prison)
-allow inspection of changes overtime(life course perspective)
this kind of data:
-measures the delinquency based on an offenders viewpoint
-can a dress behavior is not resulting in arrest
Self-reported data
Juvenile justice is a relatively _____________ invention
Recent
-1st Cook County
-youth=same system as adults
- youthful="criminals"
Prior to the late 1800s
-crimes and misbehavior by use are redefined is separate and distinct from adult offenses
-"delinquency" is born
-new methods of social control
Early 1900s
Most of history, kids were considered _____________, not children
Property
0-5/6: _________________________________
7: became full-fledged members of society and expected to act as an adult
property, could be bought/sold
Indifferent to children:
- shorter _______________ expectancy
- children were considered burdens, especially for big families
-it was a defense mechanism for parents because the kids could die
Life
Killing a young children
Infanticide
Infanticide was more common with females because they were more economically ____________
Burdensome
dowery
money or property brought by a woman to her husband at marriage
A surrogate mother paid to care for a child
Wet nursing(usually in wealthy families)
-poor women would kill their offspring to sell milk
Sale of use by family(not always slavery)
Involuntary servitude/apprenticeship
-promoted as providing labor for those in need
-little amount of adults survived infancy
-no period of education separating the young from adults
-youth participated in adult activities(drinking, dueled,sex)
-legally subject, the same rules and regs as adults, no separate court, you could be sentenced to death
Status of young adults in middle ages to 1700s, pre-industrialization
Jury nullification
a jury's refusal to render a verdict according to the law and fact regardless of the evidence presented
-common with unpopular law or sympathetic defendant (old lady who gardens)
Refusal to enforce the law against children because no penalties specifically for juveniles(no middle ground)
Nullification
Children had no special treatment throughout most of history
True
False
True
____________________ =Young= needing assistance/guidance in order to grow up "uncorrupted"
Clergy and scholars
Catalyst
something that brings about a change in something else
Period of time young could receive education and moral training
Childhood
The young were considered not yet corrupted
True
False
True
Where do you youthful offenders go?
Responses to misbehavior Depends on age
Who said kids under seven shouldn't get punished because they don't fear it and can't be held liable
Beccaria
Beccaria said ages 8-13 could only be held responsible if it could be demonstrated that they understood their actions and consequences.
True
False
True
The rise of juvenile institutions in the early 1800s, the________ were seen as both a threat to society and needing help
Poor
Removing the child from bad influences and substandard training of the poor parents
Key aspect of training
What institution in London was used to handle youthful beggars
Bridewell institution (emphasis on poor youth, but handled all)
How did the Bridewell institution train youths? And how was this different from earlier methods?
Taught them the skill to use after release. It's rehab rehabilitative since they're learning.
A place for separating the youth from detrimental environment of the city
House of refuge
Method for dealing with problem youth screw out of the establishment of ways to handle__________ people
Poor
What influence did the house of refuge separate youths from?
Criminogenic
Indeterminant sentencing
you get a range of years, such as 15 to life, 15-25 years, etc. base your release date on whether or not you are rehabilitated in prison.
-very militaristic
-little contact with opposite sex
-mixed poor youth with deviate youth
-overcrowded
Problems with the House of refuge
What institution was the first to separate youths from adults?
Lyman school for boys
Emphasis on education training in parental discipline led to the establishment of __________ reformatories
Cottage
What institution was made to carry down the goals more effectively from the House of refuge
Cottage system
What system was set up this way
-intended=parallel family
-circuit parents to oversee the training education
-discipline mixed with care
-emphasized farm work (no crime on a farm)
Cottage system
Which system had these problems?
-run away
-set fire to buildings
-overcrowding
-harsh discipline/sexual problems
-continued mixing deviant and destitute youths
What's one of the most well-known facilities for females?
Lancaster State industrial school for girls
What goals did the Lancaster state industrial school for girls have
-Similar to boys
-taught to be good wives(success was gad by marriage and parenthood.... Concern was future generations.)
Where was the first recognized individual juvenile court established?
Cook County Illinois in 1899
-environmental causes of demon behavior and psychological and sociological explanation suggested the problems could be fixed
-middle and upper class individuals wanted to help the poor and destitute
-many earlier intervention ideas were utilized in the new court system
-we're not supposed to be adversarial
Establishment of juvenile court
In the establishment of the juvenile court, lawyers and adversarial features of the adult system were discouraged
True
False
True
Into val court judges took a______________ stance/provide provided help and assistance
Paternal
ALL juveniles under 16 would be handled by the new court not just those who committed criminal acts. Who did this include?
Poor people, immigrants, criminals
Juvenile term: adjudicated
Adult term: conviction
Juvenile term: hearing
Adult term: trial
Juvenile term: aftercare
Adult term: Parole
Juvenile term: committed
Adult term: sentence
Juvenile term: delinquent
Adult term: criminal
Juvenile term: petition
Adult term: indictment
Juvenile term: custody
Adult term: arrest
The state act acts as a parent, legal philosophy at the juvenile court
Parens patriae
What acted as a financial guardian for youths?
Parens patriae
Movements to intervene in the lives of children in the United States were quick to rely on___________________ for justification
Parens patriae
What case ruled the right of parental control is natural but not inalienable one
Ex parte crouse(Pennsylvania Supreme Court 1838)... most jurisdictions followed this
What case disagreed with the decision that "parental control is natural, but not inalienable" and affirmed the rights of the parent to care for the child
People vs Turner 1870
Which case is key concern was over the intent of the intervention and not the rights of the juvenile, his or her parents, or the effectiveness of the system
RIGHT TO INTERVENTION
Commonwealth v. Fisher.
Basic constitutionality of the juvenile system went largely unchallenged after what case NO CONSTITUTIONAL RIGHTS VIOLATED
Commonwealth v. Fisher.
Benevolent
well meaning and kindly
What case challenge the premise of the juvenile system?
Kent v. United States.
What case states that there's a concern that child receives the worst of both worlds: he gets neither the protections according to adults nor the solicitous care and regenerative treatment for children
UNEQUAL CONSTITUTIONAL RIGHTS COMPARED TO ADULTS
Kent v. United States.
Course today continued to provide unequal, constitutional rights and treat in a separate class of citizens with different rights and expectations
True
False
True
Problems of which court
-untrained volunteers
-youths= no evaluation until After incarceration
-in adequate facilities
The court after 1966(after all of the cases)
-Institution of the juvenile= progressive, humanitarian development
-coercion= necessary evil
-" were helping, but we may have to force the child to accept the help"(getting shot shots)
Benevolence argument
Business is benefited with the benevolence argument, or the self interest argument
Self interest argument
-child saver: persons involved in the development of the juvenile court
-incarcerated children= cheap labor
-court intervention= the powerful classes of society to mold a disciplined labor force
System was racist and sexist (refused to admit black individuals and insisted on "proper place" subjection)
Self interest argument
Most great movements and challenges and juvenile justice were completed by early 1920s
True
False
True
From 1920 to 1960 criticisms include included
Improper implementation of movements
1967 to early 1800s federal courts ruled that juveniles must be offered SOME procedural rights similar to adults. What was this period called?
Due process period
In the due process period, Juveniles were offered all protections
True
False
False
1980s to present included:
- waiver and mandatory sentencing
-return to a moore punishment, orientation sentencing
-they believe juveniles did a cost benefit analysis
-now accountability and rehabilitation is present
What is this Period called
Punitive period
Deontological Explanations for delinquency
result of the battle between good and evil, God and the devil
what theory seeks to explain all crime all the time
theory of crime