Juvenile and Adult Justice Systems

Flashcards covering key distinctions, court cases, procedures, and philosophies of the juvenile and adult justice systems.

What is the primary distinguishing characteristic between the adult and juvenile justice systems?

The adult system is punitive, focused on punishment and deterrence, while the juvenile system is rehabilitative, focused on correcting behavior and acknowledging undeveloped brains.

How do the due process rights provided typically differ between punitive and rehabilitative justice systems?

Punitive systems, like the adult system, require more rights for individuals to contest punishment, whereas rehabilitative systems, like the juvenile system, focused on correction, typically provide fewer rights.

Is a jury trial always guaranteed for juveniles in the United States according to the 1971 court decision on this matter?

No, a jury trial is not constitutionally guaranteed for juveniles, though some states have extended this right. However, if a juvenile is treated as an adult, adult constitutional rights would apply.

Which landmark 1967 case applied some due process rights to juveniles?

In Re Gault.

Name three due process rights applied to juveniles by the Gault case.

The right to confront witnesses, the right to counsel (especially for significant punishments), and the right not to self-incriminate.

Which US Supreme Court case declared the death penalty unconstitutional for juveniles?

Roper v. Simmons.

What did the Miller v. Alabama case rule regarding life sentences for juveniles?

It ruled that mandatory life sentences without parole are unconstitutional for juveniles, similar to the Roper v. Simmons decision on the death penalty.

According to N. Ray Winship, what standard of proof must be used when punishing juveniles for stricter, harsher crimes?

Beyond a reasonable doubt, the adult standard of proof.

During what time of day do most juvenile crime incidents typically spike?

Between getting out of school and parents getting home, approximately 3 PM to 6 PM.

Differentiate between the 'therapeutic approach' and the 'legalistic approach' in the context of juvenile justice.

The therapeutic approach focuses on fixing behavior through treatments like drug or mental health counseling, while the legalistic approach focuses on strict punishment according to the law.

What were two main goals of the Juvenile Justice and Delinquency Prevention Act of 1974?

To reduce the confinement of juveniles (especially for non-violent crimes) and to mandate the separation of juveniles from adult criminals in facilities.

Name at least three common risk factors for juvenile delinquency mentioned in the lecture.

Dropping out of school, unstable family life, drug/alcohol abuse, teenage pregnancy (for girls), or identifying as LGBTQ+ (due to potential lack of home support or mental health risks).

What is a 'protective factor' in juvenile justice?

Something that protects a juvenile from delinquency, such as a stable home, high socioeconomic status, living in a good neighborhood, or staying in school.

How does the adult justice system primarily aim to prevent crime?

Through deterrence, by implementing harsh punishments to make crimes seem too risky.

For which types of crimes is deterrence most and least effective?

Deterrence works best for rational crimes (e.g., parking illegally) and is less effective for emotional or expressive offenses like murder, rape, or domestic violence.

What is 'diversion' in the juvenile justice system?

Diversion is the process of taking certain behaviors out of the formal justice system to avoid harsh treatment or a formal record, often involving agreements or conferences before a petition is filed.

Give two examples of diversion mechanisms in the juvenile justice system.

Station house adjustment (agreement between police, juvenile, and parents) and a preliminary conference (involving a probation officer, victim, juvenile, and parents, similar to restorative justice).

Define 'status offenses' and provide two examples.

Status offenses are behaviors that are considered offenses only when committed by juveniles, not by adults. Examples include vaping, underage drinking, running away from home, or breaking curfew.

What factors must be considered when determining if a juvenile can waive their Miranda rights?

The 'totality of the circumstances,' including the juvenile's age, competency, and education level, to ensure they understand their rights. Access to a lawyer or parent is also important.

What are common reasons why bail might be denied for a juvenile (or an adult)?

Severity of the crime, being a danger to themselves or others, or being a flight risk.

Besides risk of harm or flight, what external factor can lead to a juvenile being confined if they don't have control over it?

Not having a stable home to go back to.

What doctrine describes the state taking over as a guardian for juveniles who are dependent, abused, or neglected?

Parens Patriae.

What happens during the 'intake' process in the juvenile justice system, and how does it relate to diversion?

Intake is the process of booking someone into the system, but more than half of juveniles are diverted out of the system during or after this process, reflecting the rehabilitative focus.

What is a mandatory rule regarding the confinement of juveniles and adults?

There must be no confinement of juveniles with adults, a rule emphasized by the Juvenile Justice and Delinquency Prevention Act.