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JA 360 exam 1 Review - JA 360 Juvenile Justice Exam 1...

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JA: 360: Juvenile Justice Exam 1: Review Chapters 1, 2, & 3 Chapter 1: An Overview of Juvenile Justice Mens rea and the capability of committing a crime o a guilty mind , children below the minimum age of responsibility are incapable of forming mens rea Age of responsibility in different states o Age 7 is the general benchmark but some are as low as 6 (N.C.) or as high as 10 (Arkansas) Parens patriae o The state as parents , doctrine that the state functions as the ultimate parent/guardian in the best interests of the children who cannot care for themselves The pre- juvenile era – punishment o 1600-1898 o Role of church-severe punishment-whippings, shaming The House of refuge o First juvenile institution in America, for parentless children who could be “saved” through hard work, education, and religion The Juvenile Court era – mission of the juvenile court o 1899-1966 o Indeterminate Sentence-child remain under watch of juvenile court until “cured” or adulthood The juvenile rights era o 1967-1979 o In Re Gault 1967 The Gault decision o Gave some adult rights to juveniles such as notice of charges, right to lawyer, right to confront and cross-examine witnesses, right to remain silent, and privilege against self-incrimination The Juvenile Justice and Delinquency Prevention Act of 1974 o Remove status offenders and other noncriminal juveniles from institutions meant for delinquents. Also mandated the “sight and sound” separation of juveniles from adults when held in same institution The crime control era – crime control policies o 1980-present o Focused on identifying, treating, and preventing delinquency for at risk youth, and still remain tough on serious, violent, and chronic juvenile offenders. For the first the mode was based on protection, prevention, and rehabilitation, the other on deterrence and punishment. Similarities and differences of juvenile and adult systems
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o Similarities-both juvenile and adult offenders are subject to sanction, including institutionalization. Probably cause must be established. Standard of proof beyond a reasonable doubt is required. Decisions are influenced by current offense, offending history, and social factors. o Differences-most juveniles considered victims of circumstances out of their control, not as guilty perpetrators of their own free will. Juveniles are taken into custody while adults are arrested . The prosecutor of a juvenile case will petition the court while in an adult case will charge the adult with a crime . Juveniles face an adjudication hearing where adults will go to trial . Upper age of jurisdiction – in different states o Each state or jurisdiction determines, usually by law, at what age a person is considered a juvenile. It’s the oldest age at which the juvenile court has authority over a youth charges with committing a crime. 17 in most states but as low as 15 in others. Juveniles can be waived to adult court regardless of the upper age of jurisdiction. Once a juvenile is tried as an
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