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Three Types Of Blended Sentences
ExclusiveBlended Sentencing - A model that allows a judge to impose either a juvenile or an adult sanction and makes that sanction effective immediately. Inclusive Blending Sentencing -Under an inclusive blended- sentencing model a judge may impose both a juvenile and an adult sanction, with the latter usually remaining suspended and becoming effective only in the event of a subsequent violation. Contiguous Blending Sentencing -under which a juvenile court may impose a sanction that begins in the juvenile system but lasts beyond the maximum age of extended juvenile court jurisdiction, at which time the offender must be moved into the adult correctional system to serve the remainder of the sentence. TERM 2
Three Rights Of Juveniles During Adjudication
In Juvenile Court
DEFINITION 2
Right To Counsel -since 1967 juveniles have had the right to representation by a lawyer in court proceedings. They also have the right to a court appointed lawyer if they cannot afford to hire one privately (Sixth Amendment). Right to confront and cross examine witnesses although a juvenile hearing is not considered a formal criminal trial, they do have the right to cross examine and question witnesses and to challenge the testimony they give (Sixth Amendment). Privilege against self-incriminatio n juveniles have the right to assert their Fifth Amendment privilege against incriminating themselves. This means a juvenile cannot be forced into testifying against himself or herself. TERM 3
Four Stages In The Juvenile Court System
DEFINITION 3
1) Delinquency Petition- A delinquency petition informs the judge of
the allegations against a youth and asks the judge to "adjudicate," (hear
and judge) the case in a formal hearing.2) Plea Agreements - Before the
Adjudication Hearing, the Juvenile Prosecutor may discuss the possibility
of a negotiated case settlement with the juvenile's defense attorney. The
defense attorney may seek an agreement for the juvenile to plead guilty
to the original charge(s) or to some lesser charge(s), a dismissal of
certain charges, or a commitment from Juvenile Prosecutor not to file
additional charges.
TERM 4
Four Stages In The Juvenile Court System
DEFINITION 4
3)Adjudication Hearing -An adjudication hearing is used to determine whether a child is found guilty of the crime. If the child is detained, the adjudication hearing should occur within 21 days of the detention hearing, although this time frame can vary by jurisdiction. By this time, the juvenile needs to have an attorney to represent him in court or the court will appoint one. 4) Disposition Hearing- During the disposition hearing the probation officer, prosecutor, and juvenile are permitted to propose disposition strategies. During this the juvenile court will focus on whether the child is in serious need of rehabilitation or counseling, whether protection is needed for the child or for the general public, and whether the child may be placed on probation. 4) TERM 5
Three Problems With The Juvenile Court
System
DEFINITION 5
1) Delays- The juvenile court system has the best chance of stopping a delinquent from committing crimes again if it intervenes as early as possible. The delays associated with the juvenile court system are one disadvantage of the system. 2) Informality- Although juvenile courts were set up with the idea that informal proceedings would be beneficial for young offenders, in reality informality has become a disadvantage. This informality can result in overlooking juvenile defendants' due process rights. Juveniles and their parents are sometimes unaware of these rights so do not exercising them. 3) No Orientation to Juveniles- Juvenile courts' ability to address the problems of juvenile offenders is limited. Although a part of their mandate is to control and reform these offenders, they often lack the understanding or the resources to fulfill this mandate. Often these courts opt for quick fixes such as coercion and imprisonment, rather than long-term solutions
Three ways in which confidentiality is affected
in juvenile court
- Media Access to Cases- Juvenile codes in 42 States allow names (and sometimes even pictures and court records) of juveniles involved in delinquency proceedings to be released to the media. Many States statutes outline the circumstances in which media access is allowed.2) Juvenile Records- Formerly confidential records are now being made available to a wide variety of individuals. The juvenile code in most States specifies which individuals or agencies are allowed access to such records.3) Information Sharing- Some States, in response to a growing number of crimes committed by repeat youth offenders, have created a collaborative, systematic approach to information sharing. One example is the Serious Habitual Offender Comprehensive Action Program (SHOCAP). It provides the most relevant sanction, treatment, or intervention for serious habitual offenders. Since the first SHOCAP programs were established in the late 1980s, several states have enacted SHOCAP legislation to expand access to relevant data and information collected on juvenile offenders by State and local agencies. TERM 7
Four Supreme Courts Cases Regarding
Juveniles (1,2)
DEFINITION 7
1) In Kent v. United States (1966), the United States Supreme Court held that a juvenile must be afforded due process rights, specifically that a waiver of jurisdiction from a juvenile court to a district court must be voluntary and knowing. The court ruled that a juvenile who is to be transferred to adult criminal court is entitled to a hearing, representation by an attorney, access to records being considered by the juvenile court, and a statement of reasons for the transfer. 2) In re Gault (1967) the Supreme Court ruled that to satisfy due process requirements in a juvenile proceeding that resulted in commitment to a correctional facility, the juvenile must receive adequate written notice that a hearing was scheduled and advice about the right to counsel and the right to confront and cross-examine witnesses. The Court held that juvenile courts must provide the basic procedural protections that the Bill of Rights guarantees to adults, including timely advance notice of the charges, the right to either retained or appointed counsel, confrontation and crossexamination of adverse witnesses, selfincrimination, and the right to remain silent. TERM 8
Four Supreme Courts Cases Regarding
Juveniles (3,4)
DEFINITION 8
3) In re Winship(1970) the Court ruled that the due process clause required that juvenile proceedings provide proof beyond a reasonable doubt in order to classify juveniles as delinquent in juvenile court proceedings. Samuel Winship, age 12, was charged with stealing $112 from a woman's purse in a store. Winship was adjudicated delinquent and committed to a training school. He was convicted on a "preponderance of evidence." Upon appeal to the Supreme Court, the Court argued that proof beyond a reasonable doubt" should be considered during the adjudicatory stage of the juvenile court process. 4) The Supreme Court ruled in Breedv.Jones(1975) that transfers to adult criminal court after juvenile court adjudication constitutes double jeopardy. A 17 year old kid, who robbed a store with a deadly weapon and was adjudicated (charged) as a delinquent in juvenile court and then transferred to adult court was also charged and convicted in adult court. He argued that this was double jeopardy and won the case. Basically, the constitutional protection from double jeopardy applies to juveniles as well as adults. TERM 9
Three Types Of Waivers
DEFINITION 9
Judicial Waiver-In most States, cases referred to juvenile court that meet certain criteria may be transferred to criminal court upon the authorization of the juvenile court judge. This mechanism is known as "judicial waiver," since the judge is "waiving" the juvenile court's jurisdiction and giving the case over to the criminal system.Statutory Exclusion-Most states have more than one mechanism for trying juveniles to adult court. An increasing number exclude by statute certain serious or violent crimes from juvenile court jurisdiction, providing the offender meets a minimum age requirement. This effectively mandates the transfer of juveniles who commit those offences to adult criminal court. Many states also exclude repeat juvenile offenders from the juvenile system. Concurrent Jurisdiction- In some states, a combination of the youth's age, offense, and prior record places certain juvenile offenders under the jurisdiction of both the juvenile and criminal courts. In these situations where the courts have concurrent jurisdiction, the prosecutor is given the authority to decide which court will initially handle the case. Transfer under these circumstances is known as "prosecutorial waiver." C TERM 10
Three Advantages of Transferring Juveniles to
Adult Court
DEFINITION 10
There are advantages to a juvenile being prosecuted in an
adult court. The trial will be subjected to constitutional
protections that are not usually part of juvenile court, such as
trial by jury.
The juvenile has the opportunity to receive sympathy from the
jurors who are used to cases regarding adults.
In addition, if the jail is overcrowded, the juvenile will become
less of a priority for incarceration and the court may give the
minor a lighter sentence.
Danger of the Zealous Advocate/Adversarial
Approach
In the Juvenile Courts, some attorneys, parents, and judges feel
that the adult criminal court norm of zealous advocacy is
inappropriate. They worry that the strong advocacy can result in
an outcome by which a child who "Needs Help" will not get it
because failure to est. a petition leaves the court with no
jurisdiction over the child. As a result, at least some attorneys
assume a concerned adult role rather than a zealous advocate
role
TERM 17
Advantages of the Concerned Adult
Role
DEFINITION 17
Sometimes encouraging youths to admit to petitions in cases
in which an adversarial approach may have resulted in a
dismissal of the petition.
TERM 18
Community Prosecution
DEFINITION 18
A number of jurisdictions are pursuing community prosecution.
Like some versions of community policing, Community
Prosecution's "Overarching goal is to improve the quality of life in
a community". There are three key elements to Community
Prosecution. 1) First the prosecutor attempts to involve the
community in defining and solving problems.2) Second, problem
solving goes beyond traditional enforcement strategies.3) Third,
the prosecutor forms partnerships with law enforcement,
probation, schools, and community groups
TERM 19
Corporal Punishment Rights For
Students
DEFINITION 19
Corporal punishmentIn Ingraham v. Wright, the US supreme court ruled that CORPORAL PUNISHMENT (Like Paddling) of students is permissible so long as it is reasonable. The reasonableness decision depends on things like seriousness of the offense, attitude and behavior of the child, nature and severity of the punishment, age/strength of child, and availability of less severe but equally effective means of discipline. The court noted that Corporal Punishment could be abused, but said that common law remedies that because the courts reasoned that students and their parents could sue school officials or charge them with criminal assault if they went to far in paddling any particular student. A review of the research on corporal punishment concluded that is should be banned because children who recieve it are more prone as adults to various deviant acts. Among the later problems are depression, suicide, physical abuse of children and spouses, commission of violent crime, drinking problems, attraction to masochistic sex, and problems attaining a prestigious occupation. TERM 20
Freedom Of Speech For Student
DEFINITION 20
The US supreme court has upheld the basic principle that students have
at least some degree of constitutional protection in that they so not
"Shred their constitutional rights to freedom of speech or expression at
the schoolhouse gate". This although does not mean that students can
say or express anything they wish in whatever manner they wish. It
means that the right of free speech must be balanced with the schools
interest in education and discipline. Students are entitled to express
them selves as long as their expression does not materially and
substantially interfere with school discipline or the educational process
School Prayer
The key to the debate is the issue of whether school prayer
represents the promotion of religion by the school. In 2003
the Secretary of Education issued a directive saying that
Teachers and other school employees may neither
encourage nor discourage students from praying during time
periods like non instructional time or moments of silence.
