JUVENILE JUSTICE CHAPTER 15
EXAQM QUESTIONS AND ANSWERS
What are the six periods of the American Juvenile Justice system? - ANSWER-1.
The Puritan Period (1646-1824)
2. The Refuge Period (1824-1899)
3. The Juvenile Court Period (1899-1960)
4. The Juvenile Rights Period (1960-1980)
5. The Crime Control Period (1980-2005)
6. The "Kids Are Different" Period (2005- Present)
Parens Patriae - ANSWER-The state as parent; the state as guardian and protector
of all citizens (such as juveniles) who cannot protect themselves.
State taking the place as the parents. The state should step in and do whats best for
the kids.
The Puritan Period (1646-1824) - ANSWER-- The earliest attempt by a colony to
deal with problem children was the passage of the Massachusetts Stubborn Child
Law in 1646. With this law, the puritans of the Massachusetts imposed the view that
the child was evil, and emphasized the duty of the family to disciple youths. Those
children who would not obey their parents were dealt with by the law.
The Refuge Period (1824-1899) - ANSWER-- Concerned the education and
protection of youths.
- These reformers focused their efforts primarily on the urban immigrant poor,
seeking to have parents declared "unfit" if their children roamed the streets and were
apparently "out of control."
- The solution was to create institutions where these children could learn good work
and study habits, live in a disciplined and healthy environment, and develop
"character."
- The first of these institutions was the House of Refuge of New York.
The Juvenile Court Period (1899-1960) - ANSWER-- Progressive reformers pushed
for the state to provide individualized care and treatment to deviants of all kinds
including juveniles.
- They urged the adoption of probation, treatment, indeterminate sentences, and
parole for juveniles.
- Referred to as "child savers" these upper middle class reformers sought to use the
power of the state to save children from a life of crime.
- Reformers wanted a separate juvenile court system that could address the
problems of individual youths by using flexible procedures.
- Passage of the Juvenile Court Act of Illinois in 1899 established the first
comprehensive system of Juvenile Justice.
What are the four elements under the Juvenile Court Act? - ANSWER-1. A separate
court for delinquent, dependent, and neglected children.
, 2. Special legal procedures that were less adversarial than those in the adult system.
3. Separation of children from adults in all portions of the justice system.
4. Programs of probation to assist the courts in deciding what the best interest of the
state and child would entail.
The Juvenile Rights Period (1960-1980) - ANSWER-- When the US Supreme Court
expanded the rights of adult defendants, however, lawyers and scholars began to
criticize the extensive discretion given to juvenile justice officials. In a series of
decisions, the US Supreme Court expanded the rights of juveniles.
- In re Gault (1967) expanded due process rights to juveniles.
In re Gault (1967) - ANSWER-Juveniles have the right to counsel, to confront and
examine accusers, and to have adequate notice of charges when confinement is a
possible punishment.
In re Winship (1970) - ANSWER-The standard of proof beyond a reasonable doubt
applies to juvenile delinquency proceedings.
McKeiver v. Pennsylvania (1971) - ANSWER-Juveniles do not have a constitutional
right to a trial by jury.
Breed v. Jones (1975) - ANSWER-Juveniles cannot be found delinquent in juvenile
court and then transferred to adult court without a hearing on the transfer; to do so
violates the protection against double jeopardy.
Status Offense - ANSWER-Any act committed by a juvenile that is considered
unacceptable for a child, such as truancy or running away from home, but that would
not be a crime if it were committed by an adult.
The Crime Control Period (1980-2005) - ANSWER-- The public demand to "crack
down on crime" began in the 1980's.
- Greater attention began to be focused on repeat offenders, with policy makers
calling for harsher punishment for juveniles who commit crimes.
Schall v. Martin (1984) - ANSWER-Juveniles can be held in preventive detention if
there is concern that they may commit additional crimes while awaiting court action.
The "Kids Are Different" Period (2005-Present) - ANSWER-- Emotional and
intellectual development also plays a role in how juveniles understand their rights
according to the Constitution.
- In recognition of the "Kids are Different" philosophy, several states are considering
the abolition of juvenile waiver by increasing minimum age for adult trial to 18.
- Some believe this philosophy should even apply to those children who are
convicted of serious crimes.
Waiver - ANSWER-Procedure by which the juvenile court waives its jurisdiction and
transfers a juvenile case to the adult criminal court.
Despite internal differences, the juvenile justice system is characterized by two key
factors: - ANSWER-1. The age of clients
EXAQM QUESTIONS AND ANSWERS
What are the six periods of the American Juvenile Justice system? - ANSWER-1.
The Puritan Period (1646-1824)
2. The Refuge Period (1824-1899)
3. The Juvenile Court Period (1899-1960)
4. The Juvenile Rights Period (1960-1980)
5. The Crime Control Period (1980-2005)
6. The "Kids Are Different" Period (2005- Present)
Parens Patriae - ANSWER-The state as parent; the state as guardian and protector
of all citizens (such as juveniles) who cannot protect themselves.
State taking the place as the parents. The state should step in and do whats best for
the kids.
The Puritan Period (1646-1824) - ANSWER-- The earliest attempt by a colony to
deal with problem children was the passage of the Massachusetts Stubborn Child
Law in 1646. With this law, the puritans of the Massachusetts imposed the view that
the child was evil, and emphasized the duty of the family to disciple youths. Those
children who would not obey their parents were dealt with by the law.
The Refuge Period (1824-1899) - ANSWER-- Concerned the education and
protection of youths.
- These reformers focused their efforts primarily on the urban immigrant poor,
seeking to have parents declared "unfit" if their children roamed the streets and were
apparently "out of control."
- The solution was to create institutions where these children could learn good work
and study habits, live in a disciplined and healthy environment, and develop
"character."
- The first of these institutions was the House of Refuge of New York.
The Juvenile Court Period (1899-1960) - ANSWER-- Progressive reformers pushed
for the state to provide individualized care and treatment to deviants of all kinds
including juveniles.
- They urged the adoption of probation, treatment, indeterminate sentences, and
parole for juveniles.
- Referred to as "child savers" these upper middle class reformers sought to use the
power of the state to save children from a life of crime.
- Reformers wanted a separate juvenile court system that could address the
problems of individual youths by using flexible procedures.
- Passage of the Juvenile Court Act of Illinois in 1899 established the first
comprehensive system of Juvenile Justice.
What are the four elements under the Juvenile Court Act? - ANSWER-1. A separate
court for delinquent, dependent, and neglected children.
, 2. Special legal procedures that were less adversarial than those in the adult system.
3. Separation of children from adults in all portions of the justice system.
4. Programs of probation to assist the courts in deciding what the best interest of the
state and child would entail.
The Juvenile Rights Period (1960-1980) - ANSWER-- When the US Supreme Court
expanded the rights of adult defendants, however, lawyers and scholars began to
criticize the extensive discretion given to juvenile justice officials. In a series of
decisions, the US Supreme Court expanded the rights of juveniles.
- In re Gault (1967) expanded due process rights to juveniles.
In re Gault (1967) - ANSWER-Juveniles have the right to counsel, to confront and
examine accusers, and to have adequate notice of charges when confinement is a
possible punishment.
In re Winship (1970) - ANSWER-The standard of proof beyond a reasonable doubt
applies to juvenile delinquency proceedings.
McKeiver v. Pennsylvania (1971) - ANSWER-Juveniles do not have a constitutional
right to a trial by jury.
Breed v. Jones (1975) - ANSWER-Juveniles cannot be found delinquent in juvenile
court and then transferred to adult court without a hearing on the transfer; to do so
violates the protection against double jeopardy.
Status Offense - ANSWER-Any act committed by a juvenile that is considered
unacceptable for a child, such as truancy or running away from home, but that would
not be a crime if it were committed by an adult.
The Crime Control Period (1980-2005) - ANSWER-- The public demand to "crack
down on crime" began in the 1980's.
- Greater attention began to be focused on repeat offenders, with policy makers
calling for harsher punishment for juveniles who commit crimes.
Schall v. Martin (1984) - ANSWER-Juveniles can be held in preventive detention if
there is concern that they may commit additional crimes while awaiting court action.
The "Kids Are Different" Period (2005-Present) - ANSWER-- Emotional and
intellectual development also plays a role in how juveniles understand their rights
according to the Constitution.
- In recognition of the "Kids are Different" philosophy, several states are considering
the abolition of juvenile waiver by increasing minimum age for adult trial to 18.
- Some believe this philosophy should even apply to those children who are
convicted of serious crimes.
Waiver - ANSWER-Procedure by which the juvenile court waives its jurisdiction and
transfers a juvenile case to the adult criminal court.
Despite internal differences, the juvenile justice system is characterized by two key
factors: - ANSWER-1. The age of clients
