JUVENILE JUSTICE CHAPTER 8
EXAM QUESTIONS AND ANSWERS
Hands-Off Approach - ANSWER-The idea that day-to-day operations of the juvenile
justice system should be left up to the professionals working in the system without
court review or intervention
The juvenile justice system has received little specific attention from the US
Supreme Court; relatively few juvenile court cases have been heard before the court
Due Process Revolution - ANSWER-Period of time during the 1960s and early
1970s when the U.S. Supreme Court made several rulings that created or applied
additional due process protections to juvenile justice
Before these Court rulings, juveniles who came under the jurisdiction of the juvenile
court were denied most of the basic rights and due process available in the criminal
courts because it was presumed that the fundamental purpose of the juvenile court
was to be different from that of the criminal court.
Medical Model - ANSWER-The basic philosophy behind the creation of the juvenile
court. The court was more of a hospital where juveniles went to be cured of their
illness; prior to the 1960's
The goal of a juvenile proceeding was to "cure" a wayward juvenile
Civil Nature of Juvenile Proceedings - ANSWER-The juvenile court was operated
and proceeded similarly to a civil court rather than a criminal court
The court was less formalized procedurally than the adult criminal court in order to
allow the court flexibility to deal with individual juveniles and tailor a treatment
program to fit each juvenile's needs.
This flexibility was questioned as it became clear that abuses were occurring with
regularity in the juvenile system
Procedural Rights - ANSWER-Rights that govern the process by which a hearing or
court action will proceed
Brought on by several landmark US Supreme Court juvenile cases
Substantive Rights - ANSWER-Rights that protect an individual against arbitrary and
unreasonable action
NOT Constitutionally Guaranteed - ANSWER-Unlike most of the cj system, the
juvenile justice system is ____________________
,States are free to create, abolish, or alter the juvenile justice system at their will;
much of the juvenile law varies from state to state, county to county, and city to city
Differs - ANSWER-The juvenile justice system __________ from the cj system in
terminology, purpose, law, and procedure
Minimum standards - ANSWER-There are some _____________ and procedural
rights that are available to juveniles as the result of US Supreme Court Cases and
juvenile law.
States are free to add to or alter these rights and procedures as long as they
conform to the federal case law.
Punitive and Accountability-Based - ANSWER-In recent years, the fundamental
purpose of the juvenile justice system has been altered in several states.
The move to a more _____________________ juvenile justice system has facilitated
the rewriting of juvenile law in several states.
Parens Patriae and In Loco Parentis - ANSWER-The freedom of the juvenile court to
intervene in the lives of children and family was rooted in these two doctrines
parens patriae - "parent of the country"
in loco parentis - "in place of the parents"
These principles led to the belief that when children came into contact with the
juvenile justice system, they were not being charged with a crime.
The juvenile justice system served as a parent and intervened for the best interest of
the child.
Prior to landmark decisions - ANSWER-Prior to landmark decisions by the US
Supreme Court in juvenile justice, juvenile were:
1. arrested without warrant or cause
2. interrogated by police at length without parental notification or legal counsel
3. not advised of any rights
4. incarcerated for lengthy periods at the whim of a juvenile court judge.
Four Landmark US Supreme Court Decisions - ANSWER-These four decisions
mandated fundamental due process in juvenile justice.
Each case outlined what form the process would take as well as what rights juveniles
accused of a crime would be afforded.
Kent v. United States
In Re Gault
In Re Winship
McKeiver v. Pennsylvania
, Kent v United States - ANSWER-First U.S supreme court case in which it was ruled
that juveniles facing waiver to adult court are entitled to some basic due process
rights.
Kent v. United States Details - ANSWER-The US Supreme Court considered
whether a juvenile was entitled to due process in the juvenile system.
The Court examined the waiver provision of the District of Columbia Juvenile Court
Act in reaching its decision.
The Act explicitly stated the circumstances in which juveniles could be waived to
adult court and required that a full investigation be conducted prior to waiver.
However, the Act did not state any elements that must be considered in making the
decision to waive.
The Court stated that juveniles could not simply be waived to adult court because a
juvenile court wants to or as a matter of routine,
The court ruling required a judgment in each case based on an inquiry not only into
the facts of the alleged offense, but also into whether the parens patria plan of
procedure was desirable and proper in each particular case.
The Court concluded that juvenile justice was seeking to serve a noble purpose, but
it noted that many juvenile courts lacked the personnel, facilities, and techniques to
perform adequately in a parens patriae capacity
The US Supreme Court's ruling stopped short of requiring due process in all juvenile
proceedings.
The rights given in Kent were applicable ONLY in waiver proceedings; as a result the
Kent decision was limited in scope.
The case marked the first time the Court was willing to extend due process rights to
juvenile proceedings.
Many of the statements made in the decision foreshadowed a much more important
case where juveniles were given many of the due process rights that were already
required in adult criminal proceedings: In Re Gault
In re Gault - ANSWER-US Supreme Court case in which it was ruled that a juvenile
in a delinquency proceeding is entitled to the essentials of due process, including
right to notice of the charges, right to counsel, right to confront and cross-examine
witnesses, and the right to remain silent.
In re Gault Details - ANSWER-Gerald Francis Gault; 1967 Supreme Court case
The Gault case would firmly establish the concept that parens patriae was not an
excuse to abuse or neglect the rights of juveniles
EXAM QUESTIONS AND ANSWERS
Hands-Off Approach - ANSWER-The idea that day-to-day operations of the juvenile
justice system should be left up to the professionals working in the system without
court review or intervention
The juvenile justice system has received little specific attention from the US
Supreme Court; relatively few juvenile court cases have been heard before the court
Due Process Revolution - ANSWER-Period of time during the 1960s and early
1970s when the U.S. Supreme Court made several rulings that created or applied
additional due process protections to juvenile justice
Before these Court rulings, juveniles who came under the jurisdiction of the juvenile
court were denied most of the basic rights and due process available in the criminal
courts because it was presumed that the fundamental purpose of the juvenile court
was to be different from that of the criminal court.
Medical Model - ANSWER-The basic philosophy behind the creation of the juvenile
court. The court was more of a hospital where juveniles went to be cured of their
illness; prior to the 1960's
The goal of a juvenile proceeding was to "cure" a wayward juvenile
Civil Nature of Juvenile Proceedings - ANSWER-The juvenile court was operated
and proceeded similarly to a civil court rather than a criminal court
The court was less formalized procedurally than the adult criminal court in order to
allow the court flexibility to deal with individual juveniles and tailor a treatment
program to fit each juvenile's needs.
This flexibility was questioned as it became clear that abuses were occurring with
regularity in the juvenile system
Procedural Rights - ANSWER-Rights that govern the process by which a hearing or
court action will proceed
Brought on by several landmark US Supreme Court juvenile cases
Substantive Rights - ANSWER-Rights that protect an individual against arbitrary and
unreasonable action
NOT Constitutionally Guaranteed - ANSWER-Unlike most of the cj system, the
juvenile justice system is ____________________
,States are free to create, abolish, or alter the juvenile justice system at their will;
much of the juvenile law varies from state to state, county to county, and city to city
Differs - ANSWER-The juvenile justice system __________ from the cj system in
terminology, purpose, law, and procedure
Minimum standards - ANSWER-There are some _____________ and procedural
rights that are available to juveniles as the result of US Supreme Court Cases and
juvenile law.
States are free to add to or alter these rights and procedures as long as they
conform to the federal case law.
Punitive and Accountability-Based - ANSWER-In recent years, the fundamental
purpose of the juvenile justice system has been altered in several states.
The move to a more _____________________ juvenile justice system has facilitated
the rewriting of juvenile law in several states.
Parens Patriae and In Loco Parentis - ANSWER-The freedom of the juvenile court to
intervene in the lives of children and family was rooted in these two doctrines
parens patriae - "parent of the country"
in loco parentis - "in place of the parents"
These principles led to the belief that when children came into contact with the
juvenile justice system, they were not being charged with a crime.
The juvenile justice system served as a parent and intervened for the best interest of
the child.
Prior to landmark decisions - ANSWER-Prior to landmark decisions by the US
Supreme Court in juvenile justice, juvenile were:
1. arrested without warrant or cause
2. interrogated by police at length without parental notification or legal counsel
3. not advised of any rights
4. incarcerated for lengthy periods at the whim of a juvenile court judge.
Four Landmark US Supreme Court Decisions - ANSWER-These four decisions
mandated fundamental due process in juvenile justice.
Each case outlined what form the process would take as well as what rights juveniles
accused of a crime would be afforded.
Kent v. United States
In Re Gault
In Re Winship
McKeiver v. Pennsylvania
, Kent v United States - ANSWER-First U.S supreme court case in which it was ruled
that juveniles facing waiver to adult court are entitled to some basic due process
rights.
Kent v. United States Details - ANSWER-The US Supreme Court considered
whether a juvenile was entitled to due process in the juvenile system.
The Court examined the waiver provision of the District of Columbia Juvenile Court
Act in reaching its decision.
The Act explicitly stated the circumstances in which juveniles could be waived to
adult court and required that a full investigation be conducted prior to waiver.
However, the Act did not state any elements that must be considered in making the
decision to waive.
The Court stated that juveniles could not simply be waived to adult court because a
juvenile court wants to or as a matter of routine,
The court ruling required a judgment in each case based on an inquiry not only into
the facts of the alleged offense, but also into whether the parens patria plan of
procedure was desirable and proper in each particular case.
The Court concluded that juvenile justice was seeking to serve a noble purpose, but
it noted that many juvenile courts lacked the personnel, facilities, and techniques to
perform adequately in a parens patriae capacity
The US Supreme Court's ruling stopped short of requiring due process in all juvenile
proceedings.
The rights given in Kent were applicable ONLY in waiver proceedings; as a result the
Kent decision was limited in scope.
The case marked the first time the Court was willing to extend due process rights to
juvenile proceedings.
Many of the statements made in the decision foreshadowed a much more important
case where juveniles were given many of the due process rights that were already
required in adult criminal proceedings: In Re Gault
In re Gault - ANSWER-US Supreme Court case in which it was ruled that a juvenile
in a delinquency proceeding is entitled to the essentials of due process, including
right to notice of the charges, right to counsel, right to confront and cross-examine
witnesses, and the right to remain silent.
In re Gault Details - ANSWER-Gerald Francis Gault; 1967 Supreme Court case
The Gault case would firmly establish the concept that parens patriae was not an
excuse to abuse or neglect the rights of juveniles
