Exam 13: Juvenile Justice in the Twenty First Century
Describe the three judicial hearings in the juvenile court process and the purpose of each.
The three judicial hearings in the juvenile court process are the initial appearance, the adjudicatory hearing, and the dispositional hearing. The initial appearance is similar to an arraignment in the adult system. The child is informed of the charges against them, attorneys are appointed, bail is reviewed, and in many instances cases are settled with an admission of facts, followed by a community sentence. If the case cannot be settled at the initial stage, it is bound for trial. At an adjudicatory hearing (or a fact-finding hearing), the court hears evidence on the allegations stated in the delinquency petition. This process is influenced by the Supreme Court decision In re Gault , which holds that courts must process juvenile offenders within the framework of appropriate constitutional procedures. This includes a right to counsel, privilege against self-incrimination, the right to treatment in detention and correctional facilities, and others. The third hearing is the dispositional hearing, where the judge imposes a sentence on the juvenile offender based on the offense, prior record, and family background. In theory, this decision is an effort by the court to serve the best interests of the child, the family, and the community.
Discuss the problem of minority overrepresentation in the juvenile justice system.
Minority youths are overrepresented in the juvenile system and receive inequitable treatment. Minority youths are less likely than whites to be diverted from the court system into informal sanctions and are more likely to receive sentences involving incarceration. Nationally, the ratio of black custody to white custody is 1.2 to 1. According to a report by the National Council on Crime and Delinquency, African American youths are 14 percent of the adolescent population in the United States but are 40 percent of the youths confined in local detention and state correctional systems. They were overrepresented in all offense categories. Youths of color also make up the majority of young people held in both public and private facilities and are a much larger proportion of the young in public facilities than in private facilities. Nationwide, youths of color are overrepresented in the detained population at 3.1 times the rate of white youths, among commitments to public facilities at 2.9 times the rate of white youths, and among private commitments 2 times the rate of white youths.
The efforts of the child savers influenced legislation that created the juvenile justice system.
True
The juvenile justice system has evolved into an independent system of justice. What are some of the similarities it shares with the adult justice system and what are some of the differences? Do you think these distinctions go far enough?
Shelby grew up quickly. As a baby, she was quick to walk and talk. As a teenager, she was quick to date, to drink, and to experiment with drugs. She was found skipping class and smoking marijuana by the school resource officer. Shelby's parents have been divorced since she was six, when her dad went to prison for grand theft auto. When her mom is around, which isn't that often, they sometimes get high together. After Shelby was taken into custody, but before determining what would happen next, the police and a social worker took a detailed history of Shelby's home and school life. As Shelby's home life leaves much to be desired, and this is her first offense, what disposition will likely help Shelby the most?
In which case did the court hold that the waiver proceeding is a critically important stage in the juvenile justice process and that juveniles must be afforded minimum requirements of due process of law at such proceedings?
Juveniles do not have the protection of the Miranda decision: they do not have the right to remain silent during police interrogation.
What efforts have been taken to reform the juvenile court sentencing system?
Joquine is 16 years old and has two prior arrests on his record. He has a history of drug abuse and has been in and out of counseling and diversion programs since he was 14. He has a stable home life, involved parents, attends school, and seems to be well engaged in community activities when he is not hanging out with a couple of the neighborhood troublemaker kids. Joquine just committed a crime at school and the police have been called. Because he is a juvenile, what will happen next?
Police discretion in a juvenile case could be affected by the ability of the parents to be of provide discipline for their child.
In re Gault forced the courts to process juvenile offenders within the framework of appropriate constitutional procedures.
Parens patriae is the notion that parents have a legal duty to act in the best interests of their children until they reach the age of 21.
oquine is 16 years old and has two prior arrests on his record. He has a history of drug abuse and has been in and out of counseling and diversion programs since he was 14. He has a stable home life, involved parents, attends school, and seems to be well engaged in community activities when he is not hanging out with a couple of the neighborhood troublemaker kids. Joquine just committed a crime at school and the police have been called. A prosecutor has decided to charge Joquine for assault with a dangerous weapon. He was coerced by his friends into bringing a hammer to school and attacking someone with it. They warned him not to snitch. He will be detained in a secure facility pending his trial. While awaiting his adjudication, Joquine goes to school and enrolls in a counseling program for anger management and peer influences. While in detention, Joquine makes a weapon out of a piece of his bunk bed frame and gets into an altercation with another boy who ends up in the hospital with multiple stab wounds. The judge has decided that the juvenile system can no longer help Joquine. What form of waiver applies in this case?
State laws mandate that certain offenses be tried in adult court, which creates a mandatory waiver provision for the juveniles who commit these crimes
In which of the following situations would it be acceptable for police to interrogate a juvenile without an adult present?
Which judicial hearing in the juvenile court process is similar to arraignment in the adult system?
Which nineteenth-century program aimed to remove children from the harsh environment of the city and place them in rural communities?
How broad is a police officer's discretion in juvenile cases, and how might their discretion be affected?
Filters
- Essay(0)
- Multiple Choice(0)
- Short Answer(0)
- True False(0)
- Matching(0)