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Chapter 17
JUVENILE COURTS
TEST BANK
MULTIPLE CHOICE
1. Automatic waivers are built on what premise?
a.
some juveniles need to go to jail
b.
once an adult always an adult
c.
some juveniles who have been waived deserve a second chance
d.
some juveniles should not be waived to adult court
2. The Progressive and juvenile court movements began around
a.
1825.
c.
1930.
b.
1890.
d.
1950.
3. Which of the following is not a traditional aspect of juvenile court proceedings?
a.
informal proceedings
c.
proceedings that are based on civil law
b.
proceedings that are open to the public
d.
a lack [or absence] of jury trials
4. Juvenile courts’ interventions in the lives of children and families was based on the
legal doctrine of
a.
res ipsa loquitir.
c.
parens patriae.
b.
ipse dixit.
d.
patriae familiae.
5. Court reformers recommend that juvenile court be part of
a.
family court
c.
trial court
b.
civil court
d.
adult court
6. What type of sentence offers some of the benefits of juvenile and adults courts but
also allows for rehabilitation and redemption?
a.
reverse sentencing
c.
automatic sentencing
b.
minimum mandatory sentencing
d.
blended sentencing
7. Juvenile court statutes set forth two standards for deciding the appropriate disposition
for a child: the best interests of the child and the best interests of…
a.
the family
c.
the court
b.
the community
d.
the victim
8. Most states consider children to be juveniles until they reach what birthday?
a.
17
c.
19
b.
18
d.
21
9. The largest category of juvenile cases is
a.
delinquency.
b.
status offenses.
c.
children in need of supervision.
d.
none of these answers is correct.
10. The crime control model begins with the premise that crime is the product of
a.
moral breakdown
c.
divorce
b.
justice breakdown
d.
family breakdown
11. What kind of offense is a violation of criminal law that would be a crime if
committed by an adult?
a.
status offense
c.
transgression
b.
delinquent act
d.
dereliction
404
12. Juvenile courts frequently deal with
a.
waived or certified children
c.
children in need of supervision
b.
transferred and indicted children
d.
forfeited or mandated children
13. Truancy and curfew violations are examples of
a.
delinquent acts.
c.
minor infractions.
b.
status offenses.
d.
violations.
14. The due process model starts with the premise that crime is a reflection of
a.
social problems
c.
moral problems
b.
family problems
d.
religious problems
15. An increase in the public’s fear of juvenile crime has led to what?
a.
more treatment for juveniles
c.
a movement towards restorative justice
for juveniles
b.
a get tough attitude towards juveniles
d.
a rehabilitative attitude towards
juveniles
16. What 1967 U.S. Supreme Court held that juvenile courts must provide due process
protections?
a.
Robinson
c.
Altgelt
b.
Cramer
d.
Gault
17. Juveniles were denied the right to a jury trial by the Supreme Court in 1971 in what
case?
a.
McKeiver v. Pennsylvania
c.
Pittman v. Pennsylvania
b.
O’Connor v. Pennsylvania
d.
Solis v. Pennsylvania
18. Juvenile court matters fall into how many different categories of supervision?
a.
one
c.
two
b.
four
d.
three
19. What act mandated deinstitutionalization of juvenile offenders?
a.
The Juvenile Justice and Delinquency
Prevention Act
c.
The Parens Patriae Act
b.
The Juvenile Justice Care and
Protection
d.
The Juvenile Assistance Act
20. What state supreme court ruled that juvenile have the constitutional right to a trial by
jury?
a.
California
b.
Iowa
c.
Missouri
d.
Kansas
21. What was the charge against Gerald Gault?
a.
making a lewd phone call
c.
stealing a car
b.
Murder
d.
armed robbery
22. Juveniles courts today blend what two types of law?
a.
criminal and family law
c.
criminal and civil law
b.
civil and family law
d.
child and family law
23. In contrast to the criminal courtroom work group, in the juvenile courtroom work
group
a.
the judge has less discretion.
b.
the prosecutor has little power.
c.
defense attorneys have more power.
d.
probation officers play a greater role.
406
24. The absence of jury trials in juvenile court reinforces what about the proceedings?
a.
the formal nature of the proceedings
b.
the family nature of the proceedings
c.
the informal nature of the proceedings
d.
the restorative nature of the proceedings
25. The terminology in juvenile court reflects what?
a.
that it is based on civil law
b.
that it is based on common law
c.
that it is based on civil law
d.
that it is based on family law
26. What case held that the death penalty may not be imposed on offenders who commit
crimes before they are 18??
a.
in re Gault
b.
In re Winship
c.
Thompson v. Oklahoma
d.
Roper v. Simmons
27. Approximately how many delinquency cases are heard in juvenile court each year?
a.
100,000
c.
2 million
b.
385,000
d.
2.2 million
28. The “trial” to determine whether a youth is guilty or not guilty is called what in
juvenile court?
a.
initial hearing
c.
adjudicatory hearing
b.
detention hearing
d.
conference hearing
29. Delinquency cases begin with a referral. Most referrals come from
a.
parents unable to control their children.
b.
teachers and other school officials (e.g., guidance counselors and principals).
c.
arrests made by law enforcement personnel.
d.
health and human services personnel.
30. The charging document in juvenile court is called the
a.
petition.
c.
information.
b.
evidentiary record.
d.
summons papers.
31. Of the delinquency cases brought to the attention of the juvenile court, approximately
what percentage are handled formally by the juvenile court?
a.
40
c.
74
b.
54
d.
90
32. Under what legal doctrine can the government intervene to protect the child if the
parents are failing in their responsibilities?
a.
res ipsa loquitir.
c.
parens patriae.
b.
ipse dixit.
d.
patriae familiae.
33. The American Civil Liberties Union outlined three priorities for the juvenile justice
system. What was the first priority?
a.
keep children out of the criminal justice system
b.
protect the rights of incarcerated children
c.
reintegrate juvenile delinquents into communities
d.
place troubled youth in mental health facilities
34. The Progressives were primarily
a.
lower class
b.
middle class
c.
upper class
d.
None of these answers is correct
408
35. The Progressives’ efforts to save the children of the urban masses reflected
a.
a major shift in thinking about children.
b.
a minor shift in thinking about children.
c.
the typical thinking at the time about children.
d.
no change in thinking about children.
36. When does charging occur in juvenile court?
a.
during the bail hearing
b.
during the case processing
c.
during the arraignment
d.
during the intake decision
37. Less serious juvenile cases are handled…
a.
informally
b.
through family court
c.
formally
d.
through probationary court
CRITICAL THINKING SCENARIOS
CASE 17.1
Beginning around 1890, members of the Progressive movement advocated a variety of
political, economic, and social reforms. They were genuinely concerned about the economic
disparities, social disorders, and excesses of industrialization, particularly as they affected
children. Progressives denounced the evils of child labor and pushed for legislation banning
the practice. They were likewise appalled by the violent and exploitive conditions of reform
schools. The fact that orphans were thrown into reform schools for the uncontrollable
circumstance of having no parents shocked the Progressives’ moral values. Taking up the
plight of the children of the urban immigrant poor, they argued that these children were not
bad, but were corrupted by the environment in which they grew up.
38. What doctrine allowed the Progressives to use the juvenile court to help children?
a.
res ipsa loquitir.
c.
parens patriae.
b.
stare decisis.
d.
patriae familiae.
409
39. Within a generation, many of the social forces unleashed by the Progressives would
lead to
a.
Prohibition.
b.
World War I.
c.
a new era in corrections.
d.
none of these answers is correct.
40. The shift in thinking at the end of 19th century regarding children meant that parents
a.
were no longer considered to have sole and exclusive legal responsibility over their
children.
b.
were considered to have sole and exclusive legal responsibility over their children.
c.
were legally responsible for their children’s behavior.
d.
must provide for their children.
CASE 17.2
The nature of the juvenile court process remained unchanged until the 1960s. When the
Warren Court began to scrutinize procedures in adult criminal courts, its attention turned also
to juvenile courts. In a groundbreaking decision, the Supreme Court held in In re Gault
(1967) that the due process clause of the Fourteenth Amendment applied to juvenile court
proceedings. The court emphasized that “under our Constitution the condition of being a boy
does not justify a kangaroo court.”
41. Gault and subsequent cases signaled that the juvenile court must become a real court
and its procedures must be regularized in accordance with
a.
constitutional requirements.
b.
parens patriae.
c.
civil law.
d.
criminal rules of procedure.
42. What Court was responsible for the Landmark decision In re Gault?
a.
The Warren Court.
b.
The Burger Court.
410
c.
The Rehnquist Court.
d.
The Robert’s Court.
43. In what case following In re Gault did the Court hold that a juvenile is charged with
an act that would be a crime if committed by an adult, then every element of that
criminal act must be proved beyond a reasonable doubt?
a.
In re Winship.
b.
In re L.M.
c.
In re McKeiver.
d.
In re Schall.
CASE 17.3
Although a fairly uniform upper age limit for the exercise of original juvenile court
jurisdiction in delinquency proceedings has been established in the United States, there is far
less uniformity involving lower age limits for juveniles charged with serious offenses, or who
have a history of repeated offenses, who may be tried as adults. Transfer to criminal court
refers to the process whereby the jurisdiction over a juvenile delinquent is moved to adult
court. There are four primary mechanisms for juvenile transfers to adult criminal courts:
judicial waivers, prosecutorial waivers, statutory waivers, and automatic waivers.
44. What types of waiver laws permit—and sometimes even require—juvenile court
judges to transfer a juvenile to adult court for criminal prosecution?
a.
judicial waiver laws
c.
prosecutorial waiver laws
b.
statutory waiver laws
d.
automatic waiver laws
45. Prosecutorial waivers are sometimes called
a.
concurrent jurisdiction waivers
c.
consecutive jurisdiction waivers
b.
conjective jurisdiction waivers
d.
comprehensive jurisdiction waivers
TRUE/FALSE
1. Historically, those eight years old and older were considered adults in the eyes of the
law, prosecuted as adults, convicted as adults, and served their sentences in the same
prison cells as adults.
2. In the juvenile justice system, parents are considered to have sole and exclusive legal
responsibility over their children.
3. Parental rights may be terminated altogether if a juvenile court judge determines that
the parents failed in their responsibility to raise a child properly.
4. The child-saving movement believed that juveniles needed treatment.
5. Proceedings in juvenile court are more formal than in adult court.
6. Generally speaking, juvenile courts do not utilize jury trials.
Bloom’s: Remember
7. Juveniles accused of serious offenses, or who have a history of repeated offenses,
may be tried as adults.
8. In status offenses, the child is charged with violation of a criminal law that is not
based on age.
9. In child-victim cases the child has committed no crime.
412
10. The most important case with respect to juvenile justice is In re Winship.
11. The Supreme Court held that juveniles are entitled to all of the same due process
rights of adults.
12. The three major categories of juvenile court cases are delinquency, status offenses,
and children in need of supervision.
13. With regard to juvenile proceedings, juveniles have the right against self-
incrimination.
14. In the juvenile court, juveniles do not have the right to confront and cross-examine
complaints and other witnesses.
15. In juvenile court, petition cases are handle formally.
16. Less serious juvenile cases are petitioned and handled formally.
17. All state use the same ages to establish juvenile court jurisdiction.
18. Juveniles accused of serious offenses may be tried as adults.
413
19. Proponents of the due process model of criminal justice stress that juvenile courts
should be less punishment-oriented.
20. Proponents of the due process model of criminal justice stress that juveniles need
more crime prevention programs.
21. Status offenses involve acts that are illegal only for juveniles.
22. Juvenile courts never engage in plea bargaining.
23. Some proponents of the crime control model of criminal justice go as far as to argue
that it is time to abolish the juvenile court altogether.
24. The conference in juvenile court is roughly equivalent to a trial in an adult
proceeding.
25. Juvenile court proceedings emphasize informality.
COMPLETION
1. The doctrine of parens _____ authorizes the state to act as a parent.
414
2. Juvenile courts are based on _____ law.
3. The juvenile court is a continuing legacy of the _____ Movement.
4. In most jurisdictions, it is _____ for law enforcement personnel or juvenile court
officials to release the names of juveniles to the media.
5. Prosecutions of adults are based on criminal law. By contrast, juvenile court
proceedings are based on _____ law.
6. Some states set no _____ age for transfer of juveniles to adult court.
7. The age at which a child becomes an adult is called the upper age of _____.
8. _____ involve acts that are illegal only for juveniles.
9. The U.S. Supreme Court, in the case In re _____ , ruled that the due process clause of
the 14th Amendment applied to juvenile court proceedings.
10. Laws that grant exclusive jurisdiction over certain crimes to adult court are called
waivers.
11. In the juvenile court, the _____ is roughly the equivalent to a preliminary hearing in
an adult proceeding.
12. A juvenile court trial is referred to as a(n) _____ hearing.
13. Juvenile courts emphasize _____ the child.
14. Juveniles accused of _____ offenses, or who have a history of repeated offenses, may
be tried as adults.
416
15. Reverse waivers allow a juvenile to _____ the criminal court to transfer jurisdiction
to a juvenile court.
16. _____ cases are handled formally in juvenile court.
17. The courtroom work group member least likely to be present in the juvenile
courtroom is the _____.
18. Proponents of the _____ Model of criminal justice argue that instead of pouring
increasing amounts of public dollars into juvenile prisons, we need to put more into
education and prevention.
19. Proponents of the _____ Model of criminal justice argue that children who commit
crimes should be punished as adults.
20. Juveniles are entitled to many of the same _____ rights as adults.
ESSAY
1. Discuss the doctrine of parens patriae and its relevance to the juvenile court.
2. Discuss the five ways that juvenile courts differ from adult courts. How does this fit
with the philosophy of the progressives and the child-savers?
3. Explain how the juvenile court differs from the adult court. Provide at least four
examples of how proceedings differ.
4. Compare and contrast how the adherents of the crime control model and proponents
of the due process model of criminal justice see the future of juvenile courts.
5. What are the different ways that a juvenile may be transferred to adult court?
6. Describe the three major types of cases that may be heard in juvenile court. Provide
examples of each type of case.
7. The single most important Supreme Court case with respect to juvenile justice is In re
Gault. Briefly describe the case and its impact on the juvenile justice system.
8. What is the difference between a juvenile case that is petitioned and one that is non-
petitioned? What types of cases are most likely to be petitioned and which are most
likely to non-petitioned?
