Chapter 15 The intake process is generated by the filing of a complaint by the police

subject Type Homework Help
subject Pages 12
subject Words 4947
subject Authors Brandon C. Welsh, Larry J. Siegel

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1. Juveniles do not have a constitutional right to counsel.
a.
True
b.
False
2. In some jurisdictions, juvenile court judges handle family-related cases exclusively.
a.
True
b.
False
3. Juveniles are detained in approximately 22% of delinquency cases.
a.
True
b.
False
4. The temporary care of a child alleged to be delinquent who requires secure custody is called detention.
a.
True
b.
False
5. Youths who are diagnosed with a psychological disorder may be required to undergo therapy at a local mental health
clinic; this disposition is considered to be a commitment to a residential community program.
a.
True
b.
False
6. The choice of a program for a child that will best foster the child's growth and development is called the least
detrimental alternative.
a.
True
b.
False
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7. Public schools can gain access to juvenile records.
a.
True
b.
False
8. The juvenile defense attorney is a court-appointed attorney who protects the interest of the child in cases involving the
child's welfare.
a.
True
b.
False
9. Indigent juveniles are provided legal defense through a public defender.
a.
True
b.
False
10. The temporary care of a child in a physically unrestricting environment is called disposition.
a.
True
b.
False
11. On the whole, the level of detention is decreasing.
a.
True
b.
False
12. Those accused juveniles thought to be a danger to the community are often confined in preventive detention.
a.
True
b.
False
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13. The screening of cases by the juvenile justice system is referred to as disposition.
a.
True
b.
False
14. The intake process is generated by the filing of a complaint by the police or some other agency.
a.
True
b.
False
15. A high percentage of juvenile offenders, like their adult counterparts, enter a plea of guilty.
a.
True
b.
False
16. The transfer of a juvenile offender from a juvenile court to an adult court is called the petition.
a.
True
b.
False
17. The most common type of delinquency case judicially waived to adult criminal courts is person offenses.
a.
True
b.
False
18. There is common agreement amongst experts that waivers are a beneficial practice.
a.
True
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b.
False
19. In re Gault established due process rights for juveniles.
a.
True
b.
False
20. In re Gault established that proof beyond a reasonable doubt be the standard by which juveniles are found guilty.
a.
True
b.
False
21. According to the latest data available (2009), about _____ juvenile delinquency cases are referred to juvenile court.
a.
875,000
b.
11 million
c.
4.2 million
d.
1.5 million
22. A _____ refers to a court-appointed individual who protects the interests of the child in cases involving the child’s
welfare.
a.
court-appointed defense attorney
b.
social worker
c.
social attorney
d.
guardian ad litem
23. The typical delinquent detainee is male, 16 years old, and charged with a _____.
a.
curfew violation
b.
violent crime
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c.
liquor law violation
d.
tobacco law violation
24. The juvenile court did not include a prosecutor in its first 60 years of existence because _____.
a.
it was inconsistent with the philosophy of treatment
b.
there was no constitutional right to legal counsel, so a prosecutor was unnecessary
c.
the judge acted as the prosecutor
d.
the child was always presumed guilty
25. Most children taken into custody are _____.
a.
sent into protective custody
b.
sent into preventative custody
c.
released to their parents
d.
detained for several days
26. The attorney responsible for bringing the state's case forward against the accused juvenile is called the _____.
a.
sheriff
b.
court counselor
c.
social worker
d.
juvenile prosecutor
27. Project Confirm in New York City is one example of an effort to reduce the detention of _____ who have been
arrested.
a.
intellectually disabled offenders
b.
foster care youth
c.
status offenders
d.
female offenders
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28. What is the purpose of the 1989 amendment to the Juvenile Justice and Delinquency Prevention Act of 1974?
a.
It prohibits states from placing juveniles into adult facilities.
b.
It mandates that juveniles must have a hearing within 24 hours of placement at a secure detention facility.
c.
It mandates that any juvenile placed at a secure detention facility must have an attorney appointed to represent
him or her.
d.
It provides for the mandatory education and health care of the youth while in the detention facility.
29. The U.S. Supreme Court case, _____, upheld the concept of preventive detention for juveniles.
a.
In re Gault
b.
In re Kemmler
c.
Schall v. Martin
d.
Miranda v. Arizona
30. The waiver process in juvenile justice proceedings is used _____.
a.
to transfer juvenile cases to adult courts
b.
by juvenile judges to release juvenile defendants
c.
to allow defendants to waive their due process rights
d.
by juvenile detention facilities to release juvenile offenders
31. The formal complaint that initiates judicial actions against a juvenile charged with delinquency or a status offense is
called the _____.
a.
complaint
b.
indictment
c.
petition
d.
trial information
32. The _____ gives the juvenile the opportunity to have the case brought before a reviewing court after it has been heard
in juvenile or family court.
a.
final order
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b.
adjudication review committee
c.
writ of habeas corpus
d.
appellate process
33. On average, _____ of juvenile cases are waived to adult court by the juvenile court each year.
a.
less than 0.5%
b.
approximately 2%
c.
approximately 9%
d.
approximately 15%
34. Which of the following is not a part of the waiver procedure?
a.
Concurrent jurisdiction
b.
Statutory exclusion policies
c.
Informal gateway protocols
d.
Judicial waiver
35. In _____, the U.S. Supreme Court ruling prevented a juvenile from being tried in two courts (adult and juvenile),
holding that to do so is a violation of the double jeopardy clause.
a.
In re Gault
b.
Breed v. Jones
c.
Schall v. Martin
d.
Miranda v. Arizona
36. According to the most recent study of waivers, _____ of juveniles tried in adult criminal court are actually sent to
prison.
a.
13%
b.
27%
c.
40%
d.
52%
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37. The hearing held in juvenile court to determine the merits of the petition claiming that a child is either a delinquent
youth or in need of court supervision is referred to as _____.
a.
adjudication
b.
disposition
c.
transfer
d.
review
38. _____ refers to the hearing held in juvenile court to determine the “sentence” of the juvenile.
a.
Adjudication
b.
Disposition
c.
Transfer
d.
Review
39. That the amount of proof required in a juvenile delinquency adjudication must be beyond a reasonable doubt was the
holding of the Court in _____.
a.
In re Gault
b.
McKeiver v. Pennsylvania
c.
In re Winship
d.
Kent v. U.S.
40. In _____, the Court held that juveniles do not have a constitutional right to a jury.
a.
In re Gault
b.
McKeiver v. Pennsylvania
c.
In re Winship
d.
Kent v. U.S.
41. What is the basic philosophy at the disposition hearing?
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a.
Dispositions should be made in the best interest of the child.
b.
Dispositions should use retribution as the determination of the sentence.
c.
Under the doctrine of parens patriae, the parent should choose the ultimate disposition.
d.
Dispositions should only look at the evidence presented at the adjudication hearing.
42. _____ afforded juveniles the right to counsel.
a.
In re Gault
b.
McKeiver v. Pennsylvania
c.
In re Winship
d.
Kent v. U.S.
43. _____ mandated that juveniles have a right to notice of the allegations made against them.
a.
In re Gault
b.
McKeiver v. Pennsylvania
c.
Graham v. Florida
d.
Kent v. U.S.
44. Due process is addressed in the Fifth and _____ Amendments to the U.S. Constitution.
a.
Fourteenth
b.
Second
c.
Eighth
d.
Fourth
45. The type of sentence that specifies a fixed term of detention that must be served is referred to as a/an _____ sentence.
a.
indeterminate
b.
mandatory
c.
determinate
d.
individualized
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46. In _____, the U.S. Supreme Court held that the death penalty for juveniles was unconstitutional.
a.
Graham v. Florida
b.
In re Gault
c.
Atkins v. Virginia
d.
Roper v. Simmons
47. Judges follow the probation department recommendations _____ of the time.
a.
25%
b.
60%
c.
75%
d.
90%
48. This case concluded that any injury resulting from the disclosure of a juvenile's record is outweighed by the right to
completely cross-examine an adverse witness.
a.
Alaska v. Davis
b.
Roper v. Simmons
c.
Oklahoma Publishing Co. v. District Court
d.
Smith v. Daily Mail Publishing Co.
49. This case, Oklahoma Publishing Co. v. District Court, along with which other case attempted to balance the right to
privacy with the freedom of the press in juvenile court proceedings?
a.
Alaska v. Davis
b.
Roper v. Simmons
c.
Miller v. Alabama
d.
Smith v. Daily Mail Publishing Co.
50. Which case struck down the punishment of life without parole for juveniles?
a.
Graham v. Florida
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b.
Roper v. Simmons
c.
Miller v. Alabama
d.
Thompson v. Oklahoma
51. Most juvenile experts oppose _____ because the outcome in adult courts tends to clash with the rehabilitative ideal.
52. Keeping the accused in custody prior to trial because the accused is suspected of being a danger to the community is
referred to as ______.
53. Most states refuse juveniles the right to _____ , arguing that juvenile proceedings are civil, not criminal.
54. One of the criticisms of the diversion programs is that juveniles who previously would have been released without
official notice are now involved in the juvenile justice system. This is referred to as ______.
55. A _____ sentence is defined by a statutory requirement that states the penalty to be set for all cases of a specific
offense.
56. A _____ ends litigation between two parties by determining all their rights and disposing of all the issues.
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57. _____ enables youths to live in a more homelike setting while the courts dispose of their cases.
58. A _____ is a judicial order requesting that a person detaining another produce the body of the prisoner and give
reasons for his or her capture and detention.
59. The U.S. Supreme Court put an end to the practice of life sentences without the possibility of parole for juveniles
convicted of nonhomicide crimes in which case?
60. In _____, the Court held that any injury resulting from the disclosure of a juvenile’s record is outweighed by the right
to completely cross-examine an adverse witness.
61. The attorney who represents children in juvenile court and plays an active role at all stages of the proceedings is called
a _____.
62. A court-appointed attorney who protects the interests of the child in cases involving the child's welfare is called a
_____.
63. An attorney responsible for brining the state's case forward against the accused juvenile is called the _____.
64. A preadjudicatory hearing for the purpose of deciding whether a juvenile defendant should be retained over for
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juvenile court or waived to adult court is called a ______.
65. Most juvenile justice experts oppose the ____, or the transfer of juveniles to adult courts, because it clashes with the
rehabilitation ideal not as commonly found in adult courts.
66. A court order authorizing disposition of a case without a formal label of delinquency is called a ____.
67. The standard of proof used in juvenile court, which is the same as in adult courts, is ______.
68. It was this case, _____, which instilled in juvenile proceedings the development of due process standards at the
pretrial, the trial, and the posttrial stages of the juvenile process.
69. It was this case, _____, which established proof beyond a reasonable doubt as necessary for conviction of a juvenile
defendant.
70. The _____ report helps the judge decide which disposition is best for the child and aids the probation officer in
developing treatment programs.
71. Discuss the roles of the juvenile defense attorney.
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72. List the duties of the juvenile court judge. Explain why it is difficult to attract well-trained individuals for juvenile
courts in limited or specialized jurisdictions?
73. Discuss why detention is increasing. Do you agree with the speculation regarding “correction of biases”? Explain why
or why not?
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74. Discuss the decision to detain.
75. Discuss the pros and cons of transferring youths to an adult court.
76. Discuss diversion in regard to juveniles.
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77. Discuss the importance of the Gault case.
78. A number of common dispositions for juveniles were indicated in the text. List and discuss five of the common
juvenile dispositions you believe to be most effective.
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79. Discuss blended sentences.
80. Discuss the current trends in regard to the privacy of juvenile records.
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