EXAM TWO

CHAPTERS 5-9

EXAM REVIEW QUESTIONS

CHAPTER FIVE - REVIEW AND DISCUSSION QUESTIONS

  1. What was the justification for subjecting non-delinquents to the same procedures and outcomes as delinquents in juvenile court prior to the 1970s? What were some consequences of this practice?
  1. What were the two original core components of the JJDPA of 1974? How does the federal government encourage states to comply with the JJDPA?
  1. At what stage of the juvenile justice process does the JJDPA have the greatest impact for status offenders and other non-delinquents?
  1. Why does the U.S. Supreme Court grant due process rights to delinquents, but not status offenders in adjudication proceedings?
  1. What is bootstrapping?
  1. Why do you think most reported cases of dependency and neglect are unsubstantiated?
  1. Discuss the concept of the supremacy of parental rights. Should parents be allowed an opportunity to fix an abusive situation and retain custody of their child? Should this depend on the type and severity of abuse alleged? Explain.
  1. What might be the outcome for the child welfare system if juvenile courts terminate parents’ rights without first offering parents an opportunity to solve the problem?
  1. List and describe several possible benefits and drawbacks to mediation in dependency and neglect cases.
  1. List and discuss four insights about juvenile victimization based on the NIBRS study of twelve states?

CHAPTER SIX - REVIEW AND DISCUSSION QUESTIONS

  1. What are two factors juvenile court judges evaluate in a detention hearing before a juvenile may be detained in a juvenile detention center?
  1. What is the rationale for denying juveniles a constitutional right to bail?
  1. In your own opinion, do you believe juveniles who are detained while they await their adjudication hearing are more likely to be adjudicated and receive a harsher sentence than those not detained before their adjudication hearing? If so, why? If not, why?
  1. What forms of evidence may a juvenile court judge consider in a detention hearing? Why are some forms of evidence allowed in a detention hearing but not typically in an adjudication hearing?
  1. List the three purposes or goals of juvenile transfer to adult court?
  1. If you were a juvenile prosecutor, which transfer mechanism would you be likely to use and why?
  1. What is the main difference between a mandatory judicial waiver and statutory exclusion?
  1. Which type of waiver requires a due process hearing according to Kent v. United States? What rights do juveniles receive in this hearing?
  1. Do you think juvenile transfer accomplish its goals? Why or why not?
  1. Describe the concept of the punishment gap in your own words?

CHAPTER SEVEN - REVIEW AND DISCUSSION QUESTIONS

  1. If the Fifth Circuit Court of Appeals decided a case holding that mentally challenged juveniles cannot be institutionalized for acts committed before their fourteenth birthday, in what states is this decision binding?
  1. The U.S. Supreme Court has ruled that juveniles do not have a constitutional right to a jury trial. Why is it that in some states, juveniles have a right to a jury trial?
  1. Was the formation of the juvenile court in CookCounty the first sign that children were being viewed and treated differently than adults? Explain.
  1. Who were the child-savers? Why do you believe women took the role as child advocates in the early twentieth-century?
  1. Why did the early juvenile court consider constitutional protections for juveniles as unnecessary and an impediment to rehabilitation?
  1. In terms of court organization, what are some problems with today’s juvenile court? What are two proposed alternatives for addressing these problems?
  1. What is the maximum time professional associations recommend for a juvenile’s case to be heard by the court? What may be the potential consequences for a juvenile when case dispositions times exceed the maximum time?
  1. Juvenile defense attorneys were characterized as either social workers or client-advocates. Explain in detail this distinction.
  1. List and discuss the potential benefits and drawbacks of integrating juvenile cases into the adult system and providing juveniles a youth discount based only on age?
  1. List and discuss the various role responsibilities of a juvenile court judge.

CHAPTER EIGHT - REVIEW AND DISCUSSION QUESTIONS

1. How has the role of juvenile court judges changed over the years?

2. Discuss the similarities and then the differences between juvenile adjudication and adult criminal trial.

3. Prior to 1967, juveniles were not given constitutional rights during trial. Explain why.

4. Why are juveniles not entitled to the constitutional right of trial by jury?

5. What did the Court say in In Re Gault? Why is that case significant?

6. “A juvenile is entitled to a lawyer only during adjudication.” Is that statement true or false? Explain.

7. Discuss how lawyers for indigent juveniles are chosen by courts.

8. Distinguish between the right against self-incrimination of an offender and that of a witness.

9. What does the case of Breed v. Jones say and why is that case important for juveniles?

10. What does the case of McKeiver v. Pennsylvania say? Is that case important?

11. What is meant by “reasonable doubt?” Then explain why that term is hard for jurors to apply.

CHAPTER NINE - REVIEW AND DISCUSSION QUESTIONS

  1. What are the five general goals of disposition? Describe each.
  1. Why do juvenile court judges have more discretion in dispositions than adult judges have in sentencing?
  1. What is blended sentencing? Give an example.
  1. What are the various kinds of disposition? Describe each.
  1. Give distinctions between informal and formal probation.
  1. Distinguish between a fine and restitution.
  1. “It is unconstitutional to give a juvenile the death penalty.” Is that statement true or false? Explain your answer.
  1. Discuss whether or not parents can be held legally responsible for what their children do.
  1. Give four distinctions between an appeal and a writ of habeas corpus.
  1. What is the essence of balanced and restorative justice? Give some of its assumptions.