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59 Cards in this Set
- Front
- Back
child saver
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movement that emerged in the 19th century and influenced development of juvenile justice system, stressed value of redemption and prevention through intervention in form of education and training
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invention of delinquency
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written by criminologist Anthony Platt in 1966; critically evaluated parens patriae
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rehabilitative ideal
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the belief that a primary purpose of punishment is to affect a change in the character, attitudes and behavior of convicted offenders to contribute to both community and the welfare of the individual
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Social Darwinism
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theory of Darwin's "survival of the fittest" applied to sociology and politics
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training or industrial school
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trade or vocational schooling for delinquent juveniles, allowing them to learn a trade while being rehabilitated
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parens patriae
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originated when juvenile orphan was unable to acquire wealth from deceased father; state becomes the parent
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index crimes
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crimes that FBI use to produce annual crime index: willful homicide, forcible rape, robbery, burglary, aggravated assault, larceny over $50, motor vehicle theft, and arson
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cottage plan
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Christian fostercare; used a step system i.e. indeterminate sentence; thought to be worse than adult system due to inmate exploitation among other factors
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adjudication
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legal process in which judge reviews evidence to make a decision determine conviction
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status offenses
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a crime prohibited to only certain individuals based on factors such as age. example: drinking age, gambling age
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adversarial proceedings
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any action or hearing in which the party seeking relief gives legal notice to the other party with the opportunity to contest claims i.e. court trial
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Anthony Platt
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criminologist and author of "Child Savers: The Invention of Delinquency" in 1966; opposed parens patriae
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"predelinquent"
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developing or tending towards delinquency; rules by parens patriae
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aging-out process
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when a youth transitions from the formal control of the foster care into independent living
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best interests of the child
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decision whether child should be placed in juvenile rehabilitative system or tried as an adult
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OJJDP
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Office of Juvenile Justice and Delinquency Prevention: office in United States Department of Justice which focuses on setting policies to guide federal juvenile justice issues
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Illinois Juvenile Court Act of 1899
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distinguished between neglected and delinquent
juveniles • established a system of probation for juveniles • created a separate court system • created a special set procedures for juvenile • separated juveniles and adults in the correction system • established a system of probation to assist the court system |
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teen courts
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problem-solving courts used to provide an alternative disposition for juveniles who have committed a delinquent act; used for carrying out hearings and sentencings
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GREAT and DARE
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Drug Abuse Resistance Education (DARE) and Gang Resistance Education and Traiing (GREAT) had cops go to schools to educate youth on ways to avoid the law as a juvenile; found to not work so well
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role conflicts
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conflict among roles of two or more statuses; ex: husband and father who is also Chief of Police has duties to family and to community during times of crisis
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probable cause
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standard in which officer has grounds to make an arrest or to obtain a warrant for an arrest
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search and seizure
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police and search and confiscate property of individuals whom they have probably cause against
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custodial interrogation
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a situation in which the suspect's freedom of movement is restrained, even if he is not under arrest
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Bishop and Frazier
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examined the influence of race in juvenile justice proceedings
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Fare v. Michael C. (1979)
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suspected in murder committed during a home robbery, incriminating statements made after his request to have his probation officer present was denied, totality of circumstances interpretation, supreme court ruled against him
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N.J. vs. T.L.O (1985)
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schools operate in loco parentis (school becomes parent); girls purse was rooted through, found drugs; supreme court ruled that school had the right to do so, reversing N..J. supreme courts decision for T.L.O.
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Board of Education Pottawatomie County v. Earls
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court ruled 5 to 4 against student who objected to drug screening as precondition of participating in academic club; argued that clubs were privileges, not rights, and also that no serious drug problems at school
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Ira Schwartz
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First Director of OJJDP; argued that youth should have unwaiverable Miranda rights (Miranda warning applies to custodial interrogations only); stated that parents are inadequate guardians of children's Miranda rights
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Yarborough v. Alvarado
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gave confession but was not read Miranda rights, court ruled that he did not have to because he was not in police custody, appealed because he was a minor, looked at totality of circumstances for other cases
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New Hampshire v. Benoit
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a confession was ruled inadmissible because a youth was not warned that his statement could be used against him
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due process
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legal requirement that state must respect all of the legal rights that are owed to a person
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utilitarian-deterrence
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legal principle that a person should only be punished if the punishment benefits society and help to deter future harmful conduct
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Lombroso-atavism
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thought criminals are distinguished from noncriminals by physical anomalies; had characteristics that were more primal or animalistic than human-like
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reformatory
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a youth detention center
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reification of youth
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turned idea into reality of dependency by passing status offense laws i.e. drinking age, child labor, curfews, gambling, tobacco, firearms
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net-widening
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expanding the net of social control in reformative justice that formal court proceedings would not have dealt with
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indeterminate sentence
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"dispositions," not sentencing are given to juveniles and do not have time frames, rather go off how long it takes juvenile to reform
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informal proceedings
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admission of a will to probate without the requirements necessary in an adversarial hearing, such as notice to participating parties
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experiential education
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describes the process of learning that occurs between a teacher and a student that infuses direct experience with learning environment and content
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House of Refuge
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same as cottages, housed delinquent children and also poor and orphaned kids (early 1800s)
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Uniform Crime Report
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official data on crime in the United States, reported by the Federal Bureau of Investigation
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Charles Loring Brace (1826-1890)
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father of the modern foster care movement and the Children's Aid Society, contributing philanthropist in the field of social reform
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individual treatment
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offered to delinquents with extreme individual treatment needs and extenuating circumstances
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Reid technique
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type of interrogation method that is recommended for use only in circumstances where guilt is certain, proprietor of many false confessions. see: video in class (12 year old boy killing 6 year old girl)
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PINS, CHINS, YINS, etc.
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person/child/youth in need of supervision, pertained to delinquents in need of special treatment
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disposition
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term used instead of "sentence" to describe the indeterminate sentencing in juvenile justice system
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petition
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protects rights of children in court, allows them to see parents or be transported to juvenile hall
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Barry Feld
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leading scholar of juvenile justice
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community policing
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system of allocating police officers to designated areas to become familiar with the local inhabitants
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problem-oriented policing
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policing strategy that involves the identification and analysis of specific crime and disorders
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reasonable suspicion
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police officers have right to search person or property with suspicion of crime i.e. driver whose breath smells like alcohol
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Miranda warning
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warning given by police to person in custody to notify them of their fifth amendment rights
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People v. Lara
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totality of circumstances include: age of child, education, knowledge of charge, allowed to consult family or friends, interrogated before or after charge, interrogation methods, prior refusals
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California v. Prysock
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stated it is okay to paraphrase Miranda warning as long as all of the key components are in it
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Veronia v. Acton
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extended N.J. v. T.L.O. to suspicionless searches, allows drug testing as a condition for participation in school athletic teams
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Commonwealth v. Guyton
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stated that 17 year old sister was not adequate substitute for an "interested adult," most states do not require parent or interested adult be present during custodial interrogation
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Safford v. Redding
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limits strip search by school officials
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J.D.B. v. North Carolina
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13 year old was not given Miranda rights or allowed to consult a parent before confessing, Supreme Court ruled that his age was a factor and he could not be interrogated regardless of whether he was in custody or not
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police discretion
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leave police work up to different factors such as seriousness of offense, attitude, race, and gender
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