Deck 13: Juvenile Court Process: Pretrial, Trial, and Sentencing

Question 1

There are three alternatives for providing children with legal counsel. Which of the following is not of these alternatives?

A)an all-public defender program
B)an appointed private-counsel system
C)a combination of public defenders and appointed private attorneys
D)a juvenile's legal guardian can defend him/her

Answer 1

D

Question 2

In about twenty-nine states, certain offenses are automatically excluded from juvenile court; this type of legislation is called:

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Answer 2

D

Question 3

According to the text, ______ percent of the juvenile court population was made up of African American youth.

A)33
B)19
C)39
D)49

Answer 3

A

Question 4

According to the text, about ___ percent of delinquency cases in 2005 involved males.

A)43
B)23
C)73
D)93

Question 5

The primary goal of the guardian ad litem is to act:

A)in the best interests of the juvenile court
B)in the best interests of society
C)in the best interests of the child
D)all of the above

Question 6

The most damaging criticism has been that diversion programs are involving children in the juvenile justice system who previously would have been released without official notice. This is referred to as:

A)diversion
B)discretion
C)net widening
D)probation

Question 7

According to the text, more than 90 percent of all adult defendants plead:

A)innocent
B)no contest
C)guilty
D)none of the above

Question 8

The typical delinquent detainee is all of the following except:

A)over sixteen years of age
B)charged with a violent crime
C)a racial or ethnic minority
D)female

Question 9

In a study of the extent of racial discrimination and disparity among juvenile property offenders in Missouri at four stages of juvenile justice, it was found that:

A)African American youth were more likely than European American youth to be detained prior to adjudication
B)African American youth were less likely to be formally referred and European American youth were less likely to be adjudicated
C)European American youth were more likely than African American youth to be detained prior to adjudication
D)there were no significant differences in how African American and European American youth were treated

Question 10

Once the agency makes a decision that judicial disposition is required, a ____________ is filed.

A)petition
B)waiver
C)indictment
D)arrest warrant

Question 11

Which of the following is a problem in public defender services for indigent juveniles in Pennsylvania?

A)In some counties, up to 30 percent of children appear without counsel
B)In one jurisdiction, public defenders handle about 360 cases per year
C)Some 44 percent of defense attorneys said they had no or inadequate access to investigators
D)About 94 percent of defense attorneys do not have access to independent investigators or social workers

Question 12

The typical status offense detainee is all of the following except:

A)over sixteen years of age
B)female
C)a runaway
D)a racial or ethnic minority

Question 13

One of the most important alternatives chosen at intake is nonjudicial disposition, or as it is most commonly known:

A)diversion
B)discretion
C)net widening
D)probation

Question 14

A ___________________ is the report made by the police or some other agency to the court to initiate the intake process.

A)complaint
B)waiver
C)indictment
D)arrest warrant

Question 15

Which of the following is not one of the duties of the juvenile court judge?

A)assume responsibility for holding disposition hearings and deciding on the treatment accorded to the child
B)handling waiver proceedings
C)make decisions about plea-bargaining agreements and the informal adjustment of juvenile cases
D)representing the interests of the state and bringing the case against the accused juvenile

Question 16

In about fifteen states, the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court, this is called:

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Question 17

In 1989, the Juvenile Justice and Delinquency Prevention Act of 1974 was amended to prohibit:

A)smoking on school property
B)the placement of juveniles in adult lockups and jails
C)the placement of status offenders in secure detention facilities
D)the waiver of juveniles to the adult criminal justice system

Question 18

A ______________________ is appointed by the court and advocates on behalf of the youth's best interest, especially in abuse, neglect, and dependency cases.

A)defense attorney
B)court appointed counsel
C)guardian ad litem
D)ombudsmen

Question 19

The ___________________ is the attorney responsible for bringing the state's case against the accused juvenile.

A)district attorney
B)court appointed special advocate
C)guardian ad litem
D)defense attorney

Question 20

The United States Supreme Court upheld the practice of preventive detention in
_____________________. They argued that the practice protects the juvenile and society from pretrial crime.

A)Schall v. Martin
B)In re Gault
C)In re Winship
D)McKeiver v. Pennsylvania

Question 21

In the key constitutional case in the juvenile justice system, Gault was charged with:

A)homicide
B)rape
C)truancy
D)making obscene phone calls

Question 22

Today, as a result of two Supreme Court cases, ____________________, states that have transfer hearings provide a legitimate transfer hearing, sufficient notice to the child's family and defense attorney, the right to counsel, and a statement of the reason for the court order regarding transfer.

A)Schall and Martin
B)Gault and Miranda
C)Kent and Breed
D)McKeiver and Smith

Question 23

Which of the following best describes the United States Supreme Court's ruling in
Breed v. Jones?

A)youths have the right to procedural due process in waiver hearings
B)youths are protected against unreasonable searches and seizures
C)youths are protected against double jeopardy
D)youths can be held in preventive detention if they are a flight risk or a threat to the community

Question 24

In about half the states, a(n)_______________ sentence, means having the judge place the offender with the state department of juvenile corrections until correctional authorities consider the youth ready to return to society or until the youth reaches legal majority.

A)indeterminate
B)determinate
C)mandatory
D)least detrimental

Question 25

A guardian ad litem is often an attorney who represents the child during special legal proceedings, including abuse, neglect, and dependency cases.

Question 26

The term intake refers to the initial hearing that is required when a juvenile is detained.

Question 27

Delinquent children are detained if the police believe they are inclined to run away while awaiting trial, or if they are likely to commit an offense dangerous to the parent.

Question 28

In Roper v. Simmons, the U.S. Supreme Court put an end to:

A)the practice of requiring bail from minors
B)the practice of the death penalty for juveniles
C)the practice of sentencing juveniles to life in prison without the possibility of parole
D)none of the above

Question 29

The typical delinquent detainee is male, over sixteen years of age, and charged with a violent crime.

Question 30

Although adults retain the right to bail in most cases via the Eighth Amendment, most states refuse juveniles the right to bail.

Question 31

The most recent federal study of waiver found that _____ percent of juveniles
Tried in criminal court were sent to prison.

A)7
B)27
C)42
D)77

Question 32

__________________ is addressed in the Fifth and Fourteenth Amendments to the U.S. Constitution.

A)Bail
B)Due process
C)Detention
D)Parole

Question 33

Courts must provide counsel to indigent defendants who face the possibility of incarceration.

Question 34

In many rural areas where public defender programs are not available, juveniles who cannot afford an attorney are denied the right to counsel.

Question 35

A federal study of juveniles waived to criminal court in the nation's forty largest counties found that 62 percent of waived youth were:

A)European American
B)Hispanic American
C)African American
D)Asian American

Question 36

These types of sentences are defined by a statutory requirement that states the penalty to be set for all cases of a specific offense.

A)indeterminate sentences
B)determinate sentences
C)mandatory sentences
D)least detrimental sentences

Question 37

The U.S. Supreme Court has not yet decided if states have a right to detain dangerous youth until their trial.

Question 38

For the first sixty years of its existence, the juvenile court did not include a prosecutor, because the concept of an adversary process was seen as inconsistent with the philosophy of treatment.

Question 39

In Montana, about 44 percent of juvenile defense attorneys surveyed reported that they rarely or never see the police report or other investigative material prior to their first meeting with a client.

Question 40

In a _______________________, a hearing is held before a juvenile court judge who then decides whether jurisdiction should be waived and the case transferred to the adult court.

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Question 41

Virtually every state provides prosecutors and judges with access to the juvenile records of juvenile offenders.

Question 42

One of the most important alternatives chosen at intake is nonjudicial disposition, or as it is most commonly called, __________________.

Question 43

A juvenile with an extensive criminal record is most likely to get diversion.

Question 44

Most juvenile justice experts favor waiver, because it reflects the rehabilitative ideal of the juvenile justice system.

Question 45

A _______________ is the formal complaint that initiates judicial action against a juvenile charged with delinquency or a status offense.

Question 46

In most jurisdictions, adjudication and disposition hearings are separated, or
___________________ so that evidence which could not be entered during the juvenile trial can be considered at the disposition hearing.

Question 47

____________________ involves the exchange of prosecutorial and judicial concessions for guilty pleas.

Question 48

_______________________ are volunteers who advise the court about child placement issues; volunteers investigate the needs of children and provide a vital link between the court members.

Question 49

Nonjudicial adjustment and handling or processing are all names for what is commonly known as diversion.

Question 50

Jones's trial in the California Superior Court for the same offense for which he was tried in the juvenile court violated the policy of the _____________ clause, even if he never faced the risk of more than one punishment.

Question 51

In Schall v. Martin, the United States Supreme Court ruled that preventive detention violated the Fifth and Fourteenth Amendments because the majority of detained youths were eventually placed on probation.

Question 52

According to the text, most states use the indeterminate sentence in juvenile court.

Question 53

A ___________________ is a court order based on an agreement between the court and the juvenile, authorizing a disposition in the case without a formal label of delinquency.

Question 54

Like adults, juveniles are entitled to public trials by a jury of their peers.

Question 55

In about twenty-nine states, certain offenses are automatically excluded from juvenile court. This is called _________________________ policies.

Question 56

In Breed v. Jones, the Supreme Court ruled that juveniles are protected against double jeopardy.

Question 57

According to the prevailing juvenile justice philosophy, dispositions should be in the best interest of the public.

Question 58

In about fifteen states, the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court. This is known as _________________ jurisdiction.

Question 59

According to the text, plea-bargaining is less common in juvenile courts than in adult courts.

Question 60

The United States Supreme Court upheld the practice of preventive detention in
____________________. They argued that the practice protects the juvenile and society from pretrial crime.

Question 61

The _____________________ normally involves an appellate court review to determine whether, based on the evidence presented at the trial, the rulings of law and the judgment of the court were correct.

Question 62

Compare and contrast indeterminate, determinate, and mandatory sentences.

Question 63

All states allow juveniles to be tried as adults in criminal courts in one of three ways. Identify and discuss these three ways.

Question 64

In the United States Supreme Court case In re Gault, Gault was accused of making ___________________________.

Question 65

In the United States Supreme Court case ___________________ (1971), the court ruled that a trial by jury in the juvenile court is not a constitutional right.

Question 66

If a state uses ____________________ sentencing, a judge places the offender with the state department of juvenile corrections until correctional authorities consider him ready to return to society or until the youth reaches legal majority.

Question 67

Compare and contrast the roles of the juvenile defense attorney, the guardian ad litem, public defender, the juvenile prosecutor, and the juvenile court judge.

Question 68

________________ sentencing allows the imposition of juvenile and adult sanctions for juvenile offenders adjudicated in juvenile court or convicted in criminal court.

Question 69

In ________________________ (1988), the United States Supreme Court prohibited the execution of persons under 16 at the time of the offense but left open the age at which execution would be legally appropriate.

Question 70

Juvenile court statutes normally restrict appeals to cases where the juvenile seeks review of a ____________________, one that ends the litigation between two parties by determining all their rights and disposing of all the issues.

Question 71

The ______________________ case involved the discovery and publication of the identity of a juvenile suspect in violation of a state statute prohibiting publication.

Question 72

Identify and discuss the U.S. Supreme Court cases that relate to the death penalty for juveniles.

Question 73

___________________ is the key legal case that set out the basic requirements of due process that must be satisfied in juvenile court proceedings.

Question 74

Since the death penalty was reinstated in 1976 and the last execution of a juvenile in 2003, twenty-two juvenile offenders have been executed in seven states, with ________________ accounting for thirteen of these twenty-two executions

Question 75

Disucss how the Supreme Court decisions in the Kent v. United States and the Breed v. Jones impacted the waiver process. Be sure to address the significance of each case.