Juv delinquency 1

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92 Terms

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August Vollmer

Father of american policing

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Search and seizure rights for juveniles

Juveniles, like adults are protected from unauthorized search and seizures

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Juveniles taken into custody are entitled to the right stated by the 1966 decision of Miranda v.Arizona. The Supreme Court decision prohibits the use of a confession in court unless the individual was advised of his or her rights before interrogation, especially the right to remain silent, the right to have an attorney by the state if the individual cannot afford one.

miranda rights for juveniles

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Fare v. Michael C.

defines Miranda rights of minors

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Fingerprinting juveniles

a pretrial identification procedure used with both juveniles and adults following arrest. Police handle the fingerprinting of juveniles in a wide variety of ways; however, there is more consistency in how they destroy the records after their purpose have been served

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Effectiveness of DARE programs

Has beneficial effects on student knowledge of drugs, social skills, attitudes about drug use, and attitudes toward the police, but these effects dissipate quickly and are typically gone within on to two days. The effects on drug-abuse behavior (measured in numerous ways) are extremely rare

The identified effects tend to be small in size and also dissipated quickly

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Kent v. U.S.

A 1966 US Supreme Court decision on the matter of transfer; the first decision in which the Supreme Court dealt with a juvenile court case

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In Re Gault

A 1967 US Supreme Court case that brought due process and constitutional procedures into juvenile courts

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McKeiver v. Pennsylvania

A 1971 US Supreme Court case that denied juvenile the right to trail by jury

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Breed v. Jones

A 1975 double jeopardy case in which the US Supreme Court ruled that a juvenile court cannot adjudicate a case and then transfer the case to the criminal court for adult processing of the same offense

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Schall v. Martin

Preventive "pretrial" detention of juveniles is allowable under certain circumstances

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In re Winship

A 1970 case in which the US Supreme Court decided that juveniles are entitled to proof beyond a reasonable doubt during adjudication proceedings

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Home detention and electronic monitoring

House arrest. This form of detention is used in some jurisdictions, and an adjudicated juvenile remains at home under the supervision of juvenile probation officer.

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right to bail for juveniles

Juveniles do not have a constitutional right to seek bail. But many juveniles are released to their parents or guardians prior to arraignment in juvenile court. The right to counsel. In 1967, the U.S.

Supreme Court (in a case called In re Gault) ruled that minors have the right to an attorney in juvenile proceedings.

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Types of waivers for juveniles

  1. Prosecutorial- prosecutor decides

  2. Statutory exclusion- written into law, law chooses, no judge

  3. Reverse waiver- go back to juvenile courst

  4. Blended Sentencing- spent in juvy until they go to adult courts

  5. Judicial- judge(best, case by case

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juvenile detention

a youth detention center, also known as a juvenile detention center (IDC), juvenile hall or, more colloquially as juvy, is a secure prison or jail for persons under the age of majority, often termed juvenile delinquents, to which they have been sentenced and

committed for a period of time

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juvenile court referees

ease the workload of juvenile court judges by assisting with the duties of the court and by

presiding over hearings. Referees, who are usually attorneys, may hear less serious cases, allowing judges to focus on more serious felony offenses.

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adjudication hearing

The stage of juvenile court proceedings that usually includes the youth's plea, the presentation of evidence by the prosecution and by the defense, the cross-examination of witnesses, and a finding by judge as to whether the allegations in the petition can be sustained

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disposition hearing

The stage of the juvenile court proceedings in which the juvenile judge decides the most appropriate placement for a juvenile who has been adjudicated a delinquent, a status offender, or a dependent child

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blended sentence

The imposition of juvenile and/or adult correctional sanctions on serious and violent juvenile offenders who have been adjudicated in juvenile court of convicted in criminal court

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Thompson v. Oklahoma

15 year old convicted of first degree murder and sentenced to death, Supreme court ruled ruled it was cruel and unusual punishment and upped the age: juveniles under 16 cannot get the death penalty

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smith v. daily mall publishing co

the press may report juveline court proceeding under certain circumstances

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juvenile aftercare

the supervision of juveniles who. are released from correctional institutions that they can make an optimal adjustment to community living

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day treatment programs

court-mandated community based corrections program that juveniles attend in the morning and afternoon

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outward bound programs

Is the most widely used wilderness program. Its main goal is to use the overcoming of a seemingly impossible task to gain self-reliance, to prove one's worth, and to define one's person hood.

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risk and need assessment

(RAI) used to help family court judges make informed decisions about whether arrested youth are likely to reoffend or fail to appear if allowed to go home before their cases could be adjudicated in court

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training schools for female juveniles

The early studies found that girls in training school became involved in varying degrees of lesbian alliances and pseudo-family relationships.

Females adhered more strongly to inmate groups and peer relationships than did males

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morales v. turman

Court decided that the practices and policies of the TYC were in violation the 8th and 14th

Amendments; Two state schools were shut down. TYC lost case at Supreme Court Level.

Significance: The juvenile justice system was supposed to be protecting/rehabilitating children, but instead was treating a large number of them unconstitutionally, locking them up for petty offenses and allowing them to be treated poorly.

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juvenile right to treatment

The entitlement of a juvenile who has been committed to a training school to receive any needed services

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effectiveness of bootcamps

-Shock therapy

-higher rates of recidivism

-short term rehab

-high rates of abuse

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effectiveness for scared straight programs

are simply not effective in deterring criminal activity. In fact, these types of programs may be harmful and increase delinquency relative to no intervention at all with the same youths.

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minority detention and incarceration rates

More minorities are being incarcerated at higher rates than whites

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training school recidivism rates

70% of girls and 30% of boys had trouble adjusting to institutional life

A lot of sexual victimization

The strong took advantage of the weak

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community policing

This style of policing focuses on fear reduction, community organization, and order maintenance

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bully prevention programs

Big Brother Big Sister of America

Functional Family Therapy

Incredible Years

Life skills training

Midwest Prevention Project

Multidimensional Treatment Froster

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advantages of community based treatment

Community relations are major focus of police officers who work with juveniles. They can crack down on the delinquents within the most populated youths to stop crime

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stanford v kentuky

Minimum age for death penalty for juveniles is 16

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intensive probation

Based on a philosophy of risk control

Proper identification of juveniles who need ISP is essential

Requires a comprehensive effort encompassing highly structured supervision and a broad array of treatment alternatives

Broad base of ongoing community support

Financial commitment to ISP in the jurisdiction

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juvenile group homes

A placement for youths who have been adjudicated by the courts that serves a group of about 13-25

youths as an alternative to institutionalize, also group residence, halfway house, or attention home

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intermediate sanctions for juveniles

Mediation

Restitution

Community service

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intermediate sentencing

In juvenile justice, a sentencing model that encourages

rehabilitation through the use of general and relatively unspecific sentences. Under the model, a juvenile judge has wide discretion and can commit a juveniles in most jurisdictions other than those who have mandatory or determinate sentencing

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determinate sentencing

A model of sentencing that provides fixed terms of sentences of criminal offenses determined by

judicial discretion

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juvenile diversion

is an intervention strategy that redirects youths away from formal processing in the juvenile justice system, while still holding them accountable for their actions.

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predisposition report

is a document prepared by a Department of Juvenile Justice

(DJJ) probation officer for a youth in preparation for a judicial disposition of the youth's case.

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restitution

The court-ordered repayment to the victim; often used together with community service as a condition of juvenile probation

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guardian ad litem

is a person the court appoints to investigate what solutions would be in the "best interests of a child." Here, we are talking about a GAL in a divorce or parental rights and responsibilities case.

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juvenile prosecutor

Prosecutors must determine which youthful offenders they want to transfer to the adult court before juvenile court adjudication; otherwise, the opportunity to transfer, or clertify, those is lost

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Jon Agustus

"Father of Probation"

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Missouri case that holds it is unconstitutional to impose capital punishment for crimes committed while under the age of 18.

roper v simmons

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miller v alabama

Mandatory life-without parole sentences for individuals 17 or

younger convicted of homicide violate the 8th amendment

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juvenile delinquency

Delineation of activity that is illegal regardless of the age of the offender

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status delinquency

Behavior not classified as criminal but still accounted for, it is only illegal if it is committed by persons of a certain age

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house of refuge

Early institutions for children that were designed to separate the youth from the detrimental environment of the city

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ex parte crouse

PA supreme court rules that Parens Patriae is sufficient basis for intervening in the lives of the juveniles without parental consent

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social disorganization theory

Theory in the Chicago School that links crime rates to neighborhood ecological characteristics

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Who came up with social disorganization theory?

shaw and mckay

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atavism

Biological theory that crime can be passed down from generation to generation by appearance

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the classical school

the belief that individuals seek to maximize pleasure Does pleasure the pleasure in something outweigh the pain?)

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psychoanalysis

Focuses on the conflict between the unconscious desires of the id and the moral conscience of the superego; delinquency may be the result of this conflict

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anomie

From the Structural-Functionalist Perspective, is a societal state marked by normlessness, in which disintegration and chaos have replaced social cohesion; it was compared to suicide not to crime

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differential association

Theory that states that criminal association behavior is learned through social interaction. There are nine propositions that hypothesize how these transmissions might take place

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who cane up with differential association

sutherland

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labeling theory

States that deviance is caused by the process by which a person acquires a negative identity, such as "addict" or "ex-con," and is forced to suffer the consequences of outcast status; this comes from school and social interaction

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Becker

Who came up with labeling theory?

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Hirschi

Who came up with social control theory

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Social control theory

Focuses on techniques and strategies that regulate human behavior and lead to conformity, or obedience to society's rules-the influence of family and school, religious beliefs, moral values, family, and even beliefs regardinggovernment

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strain theory

Views deviance as a direct result of a social structure that stresses achievement but fails to provide adequate legitimate means of succeeding

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who created strain theory?

merton

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integration theory

Theories that combine the concepts and central propositions from two or more prior existing theories into a new single set of integrated concepts and propositions

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classical approach

Humans viewed as having free will and are hedonistic (max pleasure min pain), therefore they will make conscious, rational decisions to commit crime based on the expectation of a pleasurable outcome. Seeks to prevent and deter crime by punishing the offender for the offense but punishment is for the purpose of altering the hedonistic outcome

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who cane up with classical approach?

Beccaria and Bentham

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positivistic approach

Behavior is determined by factors beyond the control of the

individual. Changing behavior can only be brought about by identifying and eliminating the factors that are causing the individual to act in a certain way.

Believes that deviance may be the result of a single factor, multiple causes, or a series of events or situations occurring over a period of time.

Uses a medical model approach to identify causes of deviance

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Who came up with the positivistic approach?

Lambroso

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preventative detention

Detention to prevent further delinquency while awaiting court action on an earlier charge

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drug courts

Specialized courts that attempt to help drug offenders stop using drugs by providing services and judicial supervision

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Teen courts

A diversion option in which youths act as a judge, prosecutor, defense attorney, and jury in minor cases such as status offenses and misdemeanors

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MTF

Self-report survey, administered annually to high school seniors, college students, and young adults, that includes both serious and less serious offenses, such as robbery, aggravated assault, hitting teachers, use of weapons, group fighting, and drug use

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G.O.A.L.

A program operated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in which local police officers present a curriculum to middle-school children designed to induce them to resist the pressure to join a gang

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Juvenile Justice and Delinquency Prevention Act

United States federal law providing funds to states that follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system

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Blending

A development in juvenile justice in which either the juvenile court or the adult court imposes a sentence that can involved either the juvenile or the adult correctional system or both

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wilderness programs

A program in which youth undergo an outdoor experience that is designed to teach self-reliance, independence, and self-worth

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training schools

An institution that houses delinquents considered to be unfit for probation or another lesser punishment

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ken economy

A behavior modification strategy, often used in training schools and other residential facilities, in which point or dollar values are assigned to particular behaviors and are used as a way or rewarding appropriate behavior

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deinstitutionalization

The practice of avoiding any involuntary residential placements of status offenders; also, the general idea of removing any youths from institutional control

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social history

An investigation formed by a probation officer into the legal and social history of a delinquent youth and his or her family, similar to a presentence investigation in adult court

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meta analysis

Statistical technique that uses data from a number of studies to compute common statistic in order to compare results across studies

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community justice

An approach to justice that focuses on helping community residents manage their own affairs, solve their own problems, and live together efficiently and safely

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net widening

The practice of handling youths (or other offenders) who normally would have been left alone

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retributive justice

Justice that focuses on the lawbreaker and the imposition of sanctions for the purposes of deterrence, vengeance and/or punishment

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balanced justice

Approach that places emphasis on the offender, the victim, and community safety. One aim is to restore the victim and the community, as much as possible, to his or her pre-crime status

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restorative justice paradigm

A model of justice that is concerned with repairing the damage or harm inflicted through processes of negotiation, mediation, empowerment and reparation

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Bail Decision

Detention decision in juvenile court is akin to ___ in adult court