CJC 302 MIDTERM
68 flashcards · Other · by Isabella Nicholson
When/Where was the first juvenile court?
Chicago, 1899
Parens patriae
Responsibility of the state to protect
Status Offenses (and Examples)
Act not considered a crime if committed by an adult ex: truancy/running away
Restorative Justice
focuses on restoring conditions before the harm victim-oriented bringing in the community
Breed v. Jones (1975)
set precedence for 5th amendment right against double jeopardy in juvenile court
Kent v. United States (1966)
set procedure and evidentiary standards for juveniles
In re Gault (1967)
established due process rights for juveniles right to notice right to counsel right against self incrimination
In re Winship (1970)
For juveniles, state must prove its case beyond a reasonable doubt
Delinquent
a youth who commits an act that would be a crime if committed by an adult
Adjudication
Decision
Petition
a formal court process
detention
temporary care who requires secure custody
Juvenile Justice in 16th and 17th centuries
mindset change Medieval--> modern
Bridewell prison
vagrancy and begging use of labor as punishment
Juvenile Court Act of 1899
updated every 2 years individual diagnosis and treatment youth should not be detained with adults goal of probation is to investigate and rehabilitate prohibited detention for youth 12 and younger
Chicago Boys Court (1914)
first form of diversion connected to different community service agencies agency would evaluate juvenile and determine if they were successful or not
Juvenile Rights Period
1960-80s Juvenile Crime rate increased concept of superpredators and war on poverty were a thing
Four D's of Juvenile Justice
Decriminalization Due Process Deinstitutionalization Diversion
Refuge Period
During Civil war creation of the young men/women Christian Association many children left fatherless--> in need of support
Stubborn Child Law
Massachusetts created first idea of a status offense
1818-1869-
formal definition of juvenile delinquency First uses of probation State reform schools (military schools)
Uniform Juvenile Court Act
1968 provided care, protection, and development of youth without the stigma of a criminal label simplified interstate procedure
Intrastate procedure for transfer
judge has to approve county transfer case closed in old county and file is given to new county
Interstate procedure for transfer
Get permission from judge home visit in receiving state
Mala in se
acts considered immoral or wrong in themselves
mala prohibita
infringe on other's rights; not evil by nature
classical view
individuals have free will focus is on crime law should bring most amount of happiness to most amount of people
General Deterrence
punishment of one is meant to deter others (society)
Specific Deterrence
punishment is geared to deter one person only
Durkheim's perspective
crime is conduct universally disapproved of by society
Positivist view of crime
individuals actions are not determined by free will (biological/cultural factors) focus is on the criminal
determinism
human behavior is the product of multiple environments free will AND other factors
Dispositional Hearing
determines court order
Psychological theories of crime
criminals are morally insane personality is developed in early childhood
Sociological theories
lack of education, poverty, poor housing, and conflict within the home all contribute to crime criminal behavior is learned
Shaw and McKay social disorganization
cocentric zone theory Zones 1(inner city)--> Zone 5 (burbs)
Learning Theories
criminal behavior is learned in interaction with others occurs in intimate personal groups
Labeling theory
When individuals are labeled as delinquents, others may treat them as such. This increases the likelihood of those identified individuals having difficulty associating with “nondelinquents,” which may steer them toward associations with others labeled as delinquents to “fit in” and feel like they belong.
Most formative years of development and why
0-3 develop their consciences start learning about consequences start developing their personality routines/structure
Adolescence
12-19 primary support switches from family to friends lots of pressures rapid physical growth/sexual maturity
Late Adolescence
16+ develop beliefs/value systems major life changes critical thinking skills develop
Risk Factors
a characteristic that increases the likelihood that a child will become delinquent
5 domains of risk
individual family school peers Community
Protective Factors
things that can reduce the negative impact of issues
overt behavior
openly displayed behavior
covert behavior
not openly displayed
Maltreatment
an act or omission by a parent or other caregiver that results in harm or serious risk of harm to a child.
Examples of Maltreatment
neglect Sexual abuse Physical abuse Psychological maltreatment medical neglect
Impact of Neglect on youth
emotionally stunted fall asleep in school mimic at home behaviors disorganized/dysfunctional home
emotional abuse
treatment which seriously damages a child's emotional development
physical abuse
Nonaccidental and intentional physical harm by a caretaker
Mandated Reporting
when a person is obligated to report to DCFS if they suspect abuse (education, law enforcement, childcare, healthcare)
Child Abuse Prevention and Enforcement Act
funds available for child abuse and neglect enforcement/protection
Oppositional defiant disorder
exceeds "typical" conduct emerges around preschool age
Conduct Disorder (+how to diagnose)
aggression, lying, stealing manifests in ages 10 and younger aggressive to people and animals property destruction must show 3 or more of symptom behaviors after age 10 to be diagnosed
Antisocial Personality Disorder
ages 18+ has conduct disorder before age 15 pattern of irresponsibility
Psychopathy
lacking conscience/lack of accountability indifferent to consequences VERY RARE (3% in males)
Role of the court in child abuse/neglect cases
decide what, when, and to what degree physical punishment steps beyond the legitimate exercise of parental authority
Vicarious trauma
Real life strains experienced by others around the individual
Anticipated Strain
the expectation that current strains will continue into the future or new strains will be experienced
cycle of violence and abuse
intergenerational violence can be passed through most who are abused do not become abusers themselves
Delinquency and Child Abuse
being abused neglected increases likelihood by 59%
Child Pornography
possession, trade, advertising, and production of images that depict sexual abuse of children
Adverse Childhood Experiences (ACE exam)
ask if juvenile has experienced certain life events that might be risk factors
Bullying
negative acts carried out repeatedly over time can be physical, verbal, or psychological
Role of DCFS
meant to evaluate a child's home situation to see if it is safe may take child out of guardian's custody if not suitable referred to home via report
Referral
when a potentially delinquent youth is sent forward for legal processing and is received by a juvenile or family court or juvenile intake agency
Diversion
filtering process that removes youths from formal juvenile court jurisdiction and places them on an alternative path that allows the case to proceed with adjudication.