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what was the focus of the "get tough"
movement in juvenile justice?
movement that emphasized a greater focus on punishment than on treatment of juvenile offenders. TERM 2
what were the issues that the supreme court
struggled w/ regarding weather juveniles
should b afforded due process
DEFINITION 2 The central issue in Supreme Court decisions had been whether the adjudication hearings would be characterized by the discretion and informality of the original juvenile court TERM 3
what were the roles of the probation officer,
child and judge in the adjudication hearing
process
DEFINITION 3 -The role of the probation officer was to investigate the childs home and social situation, and thereby determine his or her need for services. -The role of the child was to be open and honest with the judge and probation officer in order to allow them to make a determination in the best interest of the child. -The role of the judge was, then, to make a judgment about two questions: whether the juvenile committed the act in question; and if so, whether the child was in need of services TERM 4
what is informal processing of juvenile
offenders?
DEFINITION 4 is a resolution of the case that occurs without any formal hearing before a judge TERM 5
why is informal processing of juvenile cases
attractive?
DEFINITION 5 it avoids the controversy of a formal hearing, the expense of an attorney, and the consequences of a formal adjudication.
what part do defensive attorneys play in
adjucation hearings?
little impact on the adjudication or may even have a negative impact. TERM 7
how has the role of the prosecuting attorney
expanded in the last few years?
DEFINITION 7 After the Gault decision, the presence of defense counsel led prosecutors to place greater emphasis on representing the best interests of the state rather than those of the juvenile TERM 8
what are 3 reasons why there are so few
appeals from juvenile courts?
DEFINITION 8 1.Appeals from juvenile adjudications are virtually nonexistent. 2.There is organizational pressure against appealing a case because of the treatment orientation of the court. 3.Juvenile defense lawyers typically have an extremely heavy workload that simply does not permit the luxury of appealing a case TERM 9
what is compensating benefit and when it is
used in juvenile sentencing?
DEFINITION 9 Beginning with the Kerr decision, the Supreme Court held that this was not unconstitutional because juveniles received a compensating benefit in return for this loss of rights; instead of being punished, the state acted in the juveniles best interests by providing care and treatment. TERM 10
how do you describe the differing view of the
S.C. had of juvenile delinquents that led to
due process protections
DEFINITION 10 juvenile delinquents were citizens to be presumed innocent until proven guilty, and they were entitled to the rights and protections provided in the U.S. Constitution
explain the two types of plea bargaining
charge bargaining and sentence bargaining. TERM 17
what does blended sentencing mean?
DEFINITION 17 a mixture of different types of sentencing TERM 18
what are the 3 specific approaches to blended
sentencing and describe them
DEFINITION 18 (1) a juvenile inclusive sentence:the juvenile court judge is awarded he authority to devise a sentence that includes elements of both the juvenile and the adult justice systems. (2) a juvenile exclusive sentence:the juvenile court judge has the authority to devise a sentence that makes use of either juvenile sanctions or adult sanctions, but not both.(3)a juvenile contiguous sentence:the typical model is that the juvenile court judge can order a sentence that continues far beyond the maximum age of juvenile court jurisdiction.
