1. T J
he uvenile
Justice System

2.  Describe the child-saving movement and its
relationship to the doctrine of parens patriae.

3.  The Child-Saving Movement
◦ Wealthy, civic minded citizens who were concerned with the
welfare of disadvantaged children
◦ Argued that the state has a responsibility to take control of
children who exhibit criminal tendencies or had been
neglected by their parents
◦ Instrumental in opening the House of Refuge in 1825.
◦ Parens Patriae is the doctrine that holds that the state has a
responsibility to look after the well-being of child and to
assume the role of parent if necessary.

4.  List the four major differences between juvenile
courts and adult courts.

5.  The Illinois Juvenile Court
◦ Established in 1899
◦ Differences from adult court:
 No juries
 Different terminology
 No adversarial relationship
 Confidentiality
◦ All states have juvenile courts by 1945

6. Delinquency: Status Offender:
Behavior that illegal A juvenile who has been
under federal or state found to have
law and is committed by committed behavior
deemed unacceptable
someone who is
for persons under a
classified as a minor.
certain age.

7. Constitutional Protections and the Juvenile
Court:
 Kent vs. United States (1966)
 In re Gault (1967)
 In re Winship (1970)
 McKeiver vs. Pennsylvania (1971)
 Breed vs. Jones (1975)

8.  Identify and briefly describe the single most
important Supreme Court case with respect to
juvenile justice.

9.  In re Gault:
◦ Juveniles are entitled to many of the same due process
rights granted to adult offenders, including notice of
charges, the right to counsel, the privilege against self-
incrimination, and the right to confront and cross-
examine witnesses.

10.  The Supreme Court decisions from 1966-1975 move the
juvenile justice system away from parens patriae and
towards a more formalized system.
 Today, the legal status of children in the United States
varies depending on where they live, with each state
making its own policy on age limits.

12.  The Age Question
 The Culpability Question
◦ Juvenile Behavior
◦ Diminished Guilt

13.  Delinquency by the Numbers
 Girls in the Juvenile Justice System
◦ A Growing Presence
◦ Family-Based Delinquency

16.  Questions:
◦ How do you explain the recent rise of female juvenile
delinquency?
◦ How does this story defy typical delinquency trends?
How can you explain this?

19.  Describe the one variable that always correlates
highly with juvenile crime rates.

20.  The older a person is, the less likely s/he will
exhibit criminal behavior.
 Age of onset is a consistent predictor of future
criminal behavior.
 Juvenile justice resources should be concentrated
on the youngest offenders, with the goal of
preventing crime and reducing the long-term risks
for society.

21.  Substance Abuse – plays a major role in juvenile
delinquency and crime
 Child Abuse and Neglect – 1 in 10 children in the
U.S. suffers from mistreatment at the hands of a
close family member

22.  Indicate some of the reasons why youths join
gangs.

23.  Gangs
◦ Who Joins Gangs
◦ Why Do Youths Join Gangs?
 Alienation from families and communities
 Sense of identity
 Necessity in a high-crime neighborhood
 Excitement
 Economic incentive
 Geography
◦ Gangs and Crime

25.  Questions:
◦ What has the impact of gang violence been on the
violent crime rate?
◦ What do you believe can be done to decrease the appeal
of gang for juveniles?

27.  Police arrest about 1.2 million youth under 18
each year.
 Police can also act in loco parentis, or in the place
of the parent, to protect the juvenile.
 After arrest, a trial is not automatic.

29.  List the factors that normally determine what
police do with juvenile offenders.

30.  In making discretionary decisions, police usually
consider:
◦ The nature of the offense
◦ Offender’s past history with the system
◦ Setting of the offense
◦ Ability/willingness of the child’s parents to take disciplinary
action
◦ Attitude of the offender
◦ Offender’s race and gender

31.  Describe the four primary stages of pretrial
juvenile justice procedure.

32. The intake officer has a number of options:
 Dismiss the case
 Divert the offender
 File a petition
 Transfer the case to adult court

33. Low-risk offenders can be removed from the
formal juvenile justice system through diversion.
Categories of pretrial diversion:
 Probation
 Treatment and aid
 Diversion

34. Methods of transfer to adult court:
 Judicial waiver
 Automatic transfer/Legislative waiver
 Prosecutorial waiver
Less than 1 percent of all cases that reach juvenile
court are waived to adult court.

35. Detention:
 Reasons to detain a juvenile:
◦ Threat to the community
◦ To ensure attendance in court
◦ Protection of the child

36.  Explain the distinction between an adjudicatory
hearing and a disposition hearing.

37. Adjudication Hearing
 The process by which the court determines
whether there is sufficient evidence to support
the petition.
Disposition Hearing
 The hearing in which the appropriate sanctions
for the delinquent or status offender is
determined.

38. Sentencing Juveniles:
 The best interests of the child
 Judicial discretion
 Predisposition report

39. Juvenile corrections is based on the concept
of graduated sanctions:
 Probation (the most common sanction)
 Non-secure confinement
◦ Foster care programs
◦ Group homes
◦ Family group homes
◦ Rural programs
 Secure confinement (e.g.: boot camp)
 Aftercare