Deck 15: Juvenile Court Process: Pretrial, Trial, and Sentencing

Question 1

The most common type of delinquency case judicially waived to adult criminal courts is person offenses.

Answer 1

True

Question 2

In some jurisdictions, juvenile court judges handle family-related cases exclusively.

Answer 2

True

Question 3

Public schools can gain access to juvenile records.

Answer 3

True

Question 4

Juveniles do not have a constitutional right to counsel.

Question 5

Those accused juveniles thought to be a danger to the community are often confined in preventive detention.

Question 6

A high percentage of juvenile offenders, like their adult counterparts, enter a plea of guilty.

Question 7

The temporary care of a child in a physically unrestricting environment is called disposition.

Question 8

The juvenile defense attorney is a court-appointed attorney who protects the interest of the child in cases involving the child's welfare.

Question 9

In re Gault established that proof beyond a reasonable doubt be the standard by which juveniles are found guilty.

Question 10

The screening of cases by the juvenile justice system is referred to as disposition.

Question 11

Indigent juveniles are provided legal defense through a public defender.

Question 12

Juveniles are detained in approximately 22% of delinquency cases.

Question 13

In re Gault established due process rights for juveniles.

Question 14

The transfer of a juvenile offender from a juvenile court to an adult court is called the petition.

Question 15

Youths who are diagnosed with a psychological disorder may be required to undergo therapy at a local mental health clinic; this disposition is considered to be a commitment to a residential community program.

Question 16

There is common agreement amongst experts that waivers are a beneficial practice.

Question 17

The intake process is generated by the filing of a complaint by the police or some other agency.

Question 18

The temporary care of a child alleged to be delinquent who requires secure custody is called detention.

Question 19

The choice of a program for a child that will best foster the child's growth and development is called the least detrimental alternative.

Question 20

On the whole, the level of detention is decreasing.

Question 21

According to the most recent study of waivers, _____ of juveniles tried in adult criminal court are actually sent to prison.

A)13%
B) 27%
C) 40%
D) 52%

Question 22

A _____ refers to a court-appointed individual who protects the interests of the child in cases involving the child's welfare.

A)court-appointed defense attorney
B)social worker
C)social attorney
D)guardian ad litem

Question 23

In _____, the Court held that juveniles do not have a constitutional right to a jury.

A)In re Gault
B)McKeiver v. Pennsylvania
C)In re Winship
D)Kent v. U.S.

Question 24

That the amount of proof required in a juvenile delinquency adjudication must be beyond a reasonable doubt was the holding of the Court in _____.

A)In re Gault
B)McKeiver v. Pennsylvania
C)In re Winship
D)Kent v. U.S.

Question 25

The formal complaint that initiates judicial actions against a juvenile charged with delinquency or a status offense is called the _____.

A)complaint
B)indictment
C)petition
D)trial information

Question 26

The hearing held in juvenile court to determine the merits of the petition claiming that a child is either a delinquent youth or in need of court supervision is referred to as _____.

A)adjudication
B)disposition
C)transfer
D)review

Question 27

Project Confirm in New York City is one example of an effort to reduce the detention of _____ who have been arrested.

A)intellectually disabled offenders
B)foster care youth
C)status offenders
D)female offenders

Question 28

_____ refers to the hearing held in juvenile court to determine the "sentence" of the juvenile.

A)Adjudication
B)Disposition
C)Transfer
D)Review

Question 29

The waiver process in juvenile justice proceedings is used _____.

A)to transfer juvenile cases to adult courts
B)by juvenile judges to release juvenile defendants
C)to allow defendants to waive their due process rights
D)by juvenile detention facilities to release juvenile offenders

Question 30

According to the latest data available (2009), about _____ juvenile delinquency cases are referred to juvenile court.

A)875,000
B)11 million
C)4.2 million
D)1.5 million

Question 31

The U.S. Supreme Court case, _____, upheld the concept of preventive detention for juveniles.

A)In re Gault
B)In re Kemmler
C)Schall v. Martin
D)Miranda v. Arizona

Question 32

On average, _____ of juvenile cases are waived to adult court by the juvenile court each year.

A) less than 0.5%
B)approximately 2%
C)approximately 9%
D)approximately 15%

Question 33

The juvenile court did not include a prosecutor in its first 60 years of existence because _____.

A)it was inconsistent with the philosophy of treatment
B)there was no constitutional right to legal counsel, so a prosecutor was unnecessary
C)the judge acted as the prosecutor
D)the child was always presumed guilty

Question 34

Most children taken into custody are _____.

A)sent into protective custody
B)sent into preventative custody
C)released to their parents
D)detained for several days

Question 35

The attorney responsible for bringing the state's case forward against the accused juvenile is called the _____.

A)sheriff
B)court counselor
C)social worker
D)juvenile prosecutor

Question 36

The _____ gives the juvenile the opportunity to have the case brought before a reviewing court after it has been heard in juvenile or family court.

A)final order
B)adjudication review committee
C)writ of habeas corpus
D)appellate process

Question 37

In _____, the U.S. Supreme Court ruling prevented a juvenile from being tried in two courts (adult and juvenile), holding that to do so is a violation of the double jeopardy clause.

A)In re Gault
B)Breed v. Jones
C)Schall v. Martin
D)Miranda v. Arizona

Question 38

Which of the following is not a part of the waiver procedure?

A)Concurrent jurisdiction
B)Statutory exclusion policies
C)Informal gateway protocols
D)Judicial waiver

Question 39

The typical delinquent detainee is male, 16 years old, and charged with a _____.

A)curfew violation
B)violent crime
C)liquor law violation
D)tobacco law violation

Question 40

What is the purpose of the 1989 amendment to the Juvenile Justice and Delinquency Prevention Act of 1974?

A)It prohibits states from placing juveniles into adult facilities.
B)It mandates that juveniles must have a hearing within 24 hours of placement at a secure detention facility.
C)It mandates that any juvenile placed at a secure detention facility must have an attorney appointed to represent him or her.
D)It provides for the mandatory education and health care of the youth while in the detention facility.

Question 41

In _____, the Court held that any injury resulting from the disclosure of a juvenile's record is outweighed by the right to completely cross-examine an adverse witness.

Question 42

The U.S. Supreme Court put an end to the practice of life sentences without the possibility of parole for juveniles convicted of nonhomicide crimes in which case?

Question 43

Due process is addressed in the Fifth and _____ Amendments to the U.S. Constitution.

A)Fourteenth
B)Second
C)Eighth
D)Fourth

Question 44

_____ mandated that juveniles have a right to notice of the allegations made against them.

A)In re Gault
B)McKeiver v. Pennsylvania
C)Graham v. Florida
D)Kent v. U.S.

Question 45

A _____ ends litigation between two parties by determining all their rights and disposing of all the issues.

Question 46

What is the basic philosophy at the disposition hearing?

A)Dispositions should be made in the best interest of the child.
B)Dispositions should use retribution as the determination of the sentence.
C)Under the doctrine of parens patriae , the parent should choose the ultimate disposition.
D)Dispositions should only look at the evidence presented at the adjudication hearing.

Question 47

Most states refuse juveniles the right to _____ , arguing that juvenile proceedings are civil, not criminal.

Question 48

Judges follow the probation department recommendations _____ of the time.

A)25%
B)60%
C)75%
D)90%

Question 49

A _____ is a judicial order requesting that a person detaining another produce the body of the prisoner and give reasons for his or her capture and detention.

Question 50

This case, Oklahoma Publishing Co. v. District Court, along with which other case attempted to balance the right to privacy with the freedom of the press in juvenile court proceedings?

A)Alaska v. Davis
B)Roper v. Simmons
C)Miller v. Alabama
D)Smith v. Daily Mail Publishing Co.

Question 51

A _____ sentence is defined by a statutory requirement that states the penalty to be set for all cases of a specific offense.

Question 52

This case concluded that any injury resulting from the disclosure of a juvenile's record is outweighed by the right to completely cross-examine an adverse witness.

A)Alaska v. Davis
B)Roper v. Simmons
C)Oklahoma Publishing Co. v. District Court
D)Smith v. Daily Mail Publishing Co.

Question 53

Most juvenile experts oppose _____ because the outcome in adult courts tends to clash with the rehabilitative ideal.

Question 54

One of the criticisms of the diversion programs is that juveniles who previously would have been released without official notice are now involved in the juvenile justice system. This is referred to as ______.

Question 55

_____ enables youths to live in a more homelike setting while the courts dispose of their cases.

Question 56

The type of sentence that specifies a fixed term of detention that must be served is referred to as a/an _____ sentence.

A) indeterminate
B)mandatory
C)determinate
D)individualized

Question 57

_____ afforded juveniles the right to counsel.

A)In re Gault
B)McKeiver v. Pennsylvania
C)In re Winship
D)Kent v. U.S.

Question 58

In _____, the U.S. Supreme Court held that the death penalty for juveniles was unconstitutional.

A)Graham v. Florida
B)In re Gault
C)Atkins v. Virginia
D)Roper v. Simmons

Question 59

Keeping the accused in custody prior to trial because the accused is suspected of being a danger to the community is referred to as ______.

Question 60

Which case struck down the punishment of life without parole for juveniles?

A)Graham v. Florida
B)Roper v. Simmons
C)Miller v. Alabama
D)Thompson v. Oklahoma

Question 61

It was this case, _____, which instilled in juvenile proceedings the development of due process standards at the pretrial, the trial, and the posttrial stages of the juvenile process.

Question 62

Discuss blended sentences.

Question 63

Most juvenile justice experts oppose the ____, or the transfer of juveniles to adult courts, because it clashes with the rehabilitation ideal not as commonly found in adult courts.

Question 64

Discuss diversion in regard to juveniles.

Question 65

An attorney responsible for brining the state's case forward against the accused juvenile is called the _____.

Question 66

A court-appointed attorney who protects the interests of the child in cases involving the child's welfare is called a _____.

Question 67

A preadjudicatory hearing for the purpose of deciding whether a juvenile defendant should be retained over for juvenile court or waived to adult court is called a ______.

Question 68

Discuss the decision to detain.

Question 69

A number of common dispositions for juveniles were indicated in the text. List and discuss five of the common juvenile dispositions you believe to be most effective.

Question 70

Discuss the roles of the juvenile defense attorney.

Question 71

List the duties of the juvenile court judge. Explain why it is difficult to attract well-trained individuals for juvenile courts in limited or specialized jurisdictions?

Question 72

Discuss the current trends in regard to the privacy of juvenile records.

Question 73

The _____ report helps the judge decide which disposition is best for the child and aids the probation officer in developing treatment programs.

Question 74

Discuss why detention is increasing. Do you agree with the speculation regarding "correction of biases"? Explain why or why not?

Question 75

The standard of proof used in juvenile court, which is the same as in adult courts, is ______.

Question 76

It was this case, _____, which established proof beyond a reasonable doubt as necessary for conviction of a juvenile defendant.

Question 77

Discuss the importance of the Gault case.

Question 78

The attorney who represents children in juvenile court and plays an active role at all stages of the proceedings is called a _____.

Question 79

A court order authorizing disposition of a case without a formal label of delinquency is called a ____.

Question 80

Discuss the pros and cons of transferring youths to an adult court.