Deck 10: Transfers and Waivers

Question 1

According to the Standards for the Administration of Juvenile Justice what is the minimum age a juvenile should be transferred to an adult criminal court?

A) 14 years old
B) 15 years old
C) 16 years old
D) 17 years old
E) 18 years old

Answer 1

C

Question 2

At a transfer hearing, the juvenile has no right to counsel.

Answer 2

False

Question 3

The case of _____ discussed the issue of concurrent charging of juveniles.

Answer 3

People v. True

Question 4

The President's Commission on Law Enforcement recommended that juveniles under the age of 16 years of age should remain under the jurisdiction of the family court

Question 5

The Uniform Juvenile Court Act waiver provisions include the provision that the minimum age of the child should be:

A) at least 15 years old at trial time
B) at least 15 years old at time crime committed
C) at least 16 years old at trial time
D) at least 16 years old at time crime committed
E) none of the above

Question 6

A juvenile certification hearing includes a trial on the merits of the case.

Question 7

The President's Commission on Law Enforcement recommended that all felony case be transferred to adult criminal courts.

Question 8

Some states, like California, New York, and Colorado, have enacted _____ sentencing and mandatory sentencing laws.

Question 9

In determining whether to transfer a juvenile to adult criminal court, the judge should also consider the sophistication and maturity of the child.

Question 10

Under the Uniform Juvenile Justice Act, the minimum age for transfer to adult criminal court is ____ at the time the act was committed.

Question 11

The court held in ____ that a juvenile certification hearing was not a trial on the merits.

Question 12

Recent legislation has tended to broaden the jurisdiction of juvenile courts.

Question 13

The absence of the juvenile's parents at the transfer hearing makes the hearing invalid.

Question 14

The Standards propose what level of proof that a juvenile is not amenable to treatment by a family court because of the seriousness of the alleged conduct, the juvenile's prior record, and the inefficacy of other dispositions?

A) beyond a reasonable doubt
B) clear and convincing evidence
C) preponderance of evidence
D) none of the above

Question 15

One method to remove dangerous or violent juveniles offenders from juvenile court is to establish concurrent jurisdiction for certain crimes.

Question 16

The legal issue decided in People v. Thorpe involved the concept of:

A) transfer criteria
B) seriousness of the offense
C) concurrent charging
D) double jeopardy
E) none of the above

Question 17

The U.S. Supreme Court in Kent v. United States established which of the below criteria for the juvenile courts to consider in transfer hearings.

A) the record and previous history of the juvenile
B) the prospective merit of the complaint
C) the seriousness of the alleged offense
D) whether the offense was committed in an aggressive, violent, premeditated or will manner
E) all of the above are correct

Question 18

The purpose of a transfer hearing is to establish the probable guilt or innocence of the juvenile.

Question 19

One method of removing dangerous or violent juveniles from juvenile court is to establish _____ jurisdiction.

Question 20

According to the Uniform Juvenile Court Act, the juvenile court should conduct a hearing with a jury prior to transferring a case to adult criminal court.

Question 21

What is the legal issue and how did the court decide it in People v. Thorpe?

Question 22

Compare the Standards with the Uniform Juvenile Court Act. Are there differences between the two?

Question 23

Explain the criteria established by the Court in Kent v. United States regarding transfers to adult criminal court.