Deck 9: Due Process and Juveniles

Question 1

Which of the following was the Supreme Court's first major examination of juvenile court processing?

A)Kent v.United States
B)In re Gault
C)In re Winship
D)McKeiver v.Pennsylvania

Answer 1

A

Question 2

Which of the following is NOT a reason that the Supreme Court declined to extend the adult right of a jury trial to juveniles?

A)Because the juvenile process should not be informal and intimate but rather adversarial
B)Because jury trials are not an absolute necessity for accurate determinations of guilt/delinquency
C)Because such a mandate could prevent experimentation with different, possibly more effective methods
D)Because the Court did not want to abandon the juvenile justice system

Answer 2

A

Question 3

In Kent v.United States, which of the following was NOT an action of the lower court judge that was under review?

A)The judge based his decision solely on a review of social service and probation files
B)The judge did not allow the attorney to review the files
C)The judge did not conduct any hearing
D)The judge adjudicated Kent delinquent immediately

Answer 3

D

Question 4

According to the Supreme Court, trial court judges should consider which of the following in determining the voluntariness of any juvenile confession?

A)Age
B)Intelligence
C)Maturity
D)All of the above

Question 5

Which Supreme Court case has ruled on corporal punishment in schools?

A)Ingraham v.Wright
B)Yarborough, Warden v.Alvarado
C)J.D.B.v.North Carolina
D)Miller v.Alabama

Question 6

Which of the following occurred in the original court proceedings leading to the Supreme Court's In re Gault case?

A)The complainant never appeared in court to testify
B)No specific charges were ever filed
C)No attorney was used
D)All of the above

Question 7

Which Supreme Court case has ruled on mandatory Life Without Parole sentences for juveniles?

A)Graham v.Florida
B)Miller v.Alabama
C)Breed v.Jones
D)Schall v.Martin

Question 8

When a defendant voluntarily allows the police to search someone's or one's own effects without a search warrant, it is called a:

A)Voluntary search
B)Preventative search
C)Permission search
D)Consent search

Question 9

Which of the following undermines the intended guarantees of Kent v.United States?

A)Waiving of Miranda rights
B)Concerned adult role
C)Statutory exclusion
D)Nullification

Question 10

In In re Gault, the Supreme Court ruled that juveniles do have certain due process rights in delinquency proceedings under which circumstances?

A)Where there is the possibility of Life Without Parole
B)Where there is the possibility of confinement in a locked facility
C)Where there is the possibility of the death penalty
D)Where there is the possibility of adjudication

Question 11

Which Supreme Court case has ruled on preventive detention?

A)Breed v.Jones
B)Schall v.Martin
C)In re Winship
D)Fare v.Michael C.

Question 12

The benefits of the Kent, Gault, Winship, and McKeiver rulings are often impeded by which of the following?

A)Actual court practices
B)Juveniles waiving their right to counsel
C)High caseloads for lawyers rendering them ineffective for juvenile clients
D)All of the above

Question 13

Which of the following was NOT a reason cited by the Supreme Court for allowing preventative detention for juveniles?

A)Every state permits it
B)Juveniles are always in some form of custody
C)It adequately predicts those at risk for future criminal acts
D)It protects the youth and society from pretrial crime

Question 14

Which Supreme Court case ruled that courts should consider age as a factor in the custody analysis?

A)Graham v.Florida
B)Schall v.Martin
C)J.D.B.v.North Carolina
D)In re Winship

Question 15

Which of the following does the Supreme Court cite as effective deterrents to any abuse of corporal punishment in schools?

A)Common law remedies
B)Lawsuits
C)Criminal assault charges
D)All of the above

Question 16

Which Supreme Court case ruled that juveniles should have the right to an attorney at adjudication hearings?

A)Kent v.United States
B)In re Gault
C)In re Winship
D)McKeiver v.Pennsylvania

Question 17

Which of the following is true about Life Without Parole sentences for juveniles?

A)They are unconstitutional and illegal
B)States must release juvenile offenders who were sentenced to Life Without Parole prior to the Supreme Court's rulings
C)Parole cannot be off the table at the time of sentencing
D)They are mandatory for juveniles who commit homicide

Question 18

Which Supreme Court case made the reasonable doubt standard constitutional in juvenile delinquency proceedings?

A)Kent v.United States
B)In re Gault
C)In re Winship
D)McKeiver v.Pennsylvania

Question 19

Which of the following changed the waiver process based on a youth's 6^th Amendment protection against double jeopardy?

A)Breed v.Jones
B)Schall v.Martin
C)In re Winship
D)Fare v.Michael C.

Question 20

A juvenile may waive his or her privilege against self-incrimination and consent to police interrogation if he or she:

A)Consults an attorney first
B)Does so voluntarily in light of the totality of the circumstances
C)Consults with his/her parents first
D)Consults with any interested adult first

Question 21

According to the text, which of the following is false concerning the drinking age?

A)Drinking age laws deter the majority of teenagers from drinking
B)Research indicates that drinking laws have saved thousands of lives
C)Drinking laws are somewhat unfair in that 18 is the age for other legal matters
D)The reasoning behind drinking laws is teenager inexperience with both drinking and driving

Question 22

The Supreme Court has been very hands-on with the juvenile court since its founding in 1899.

Question 23

Juveniles share all the same due process rights as adults.

Question 24

In which of the following did the Supreme Court determine that schools can ban sexually explicit language because it is counter to the educational mission of the school?

A)Tinker v.Des Moines Independent Community School District
B)Steirer v.Bethlehem Area School District
C)Deborah Morse, et al., v.Joseph Frederick
D)Bethel School District Number 403 v.Fraser

Question 25

Technically, the Gault decision applies only where there is possibility of incarceration.

Question 26

Which of the following would probably be permitted under a constitutional curfew law?

A)An emergency errand for a parent
B)An organized sporting event such as participation in an organized midnight basketball league at the Boys Club
C)Playing on the sidewalk in front of one's own house
D)All of the above

Question 27

According to Feld, judges need less evidence to convict than juries, resulting in more youthful convictions.

Question 28

Which of the following cases distinguished between passive expression and disruptive expression?

A)Tinker v.Des Moines Independent Community School District
B)Steirer v.Bethlehem Area School District
C)Deborah Morse, et al., v.Joseph Frederick
D)Bethel School District Number 403 v.Fraser

Question 29

Which Supreme Court case has ruled on random drug testing of student athletes?

A)O.Pope v.C.Bean
B)Safford Unified School District, et al., v.April Redding
C)Vernonia School District v.Acton
D)Todd v.Rush County Schools

Question 30

Kent, Gault, Winship, and McKeiver have guaranteed the actual provision of many of the due process safeguards available to adults.

Question 31

When a 19-year-old drinks with his or her 21-year-old date and crashes his or her car as a result, it is an example of:

A)Underage buying
B)Leakage problem
C)"Forbidden fruit"
D)None of the above

Question 32

In New Jersey v.T.L.O., the Supreme Court ruled that school officials may search students:

A)If the students consent to a search
B)Based on probable cause
C)Based on reasonable suspicion
D)None of the above

Question 33

Which of the following is an argument for the lowering of the legal drinking age?

A)"Forbidden fruit"
B)"Teach-them-to-do-it-right"
C)Fairness and consistency of adult rights and responsibilities
D)All of the above

Question 34

Which of the following cases upheld the right of students to plan and lead prayer at school functions?

A)Steirer v.Bethlehem Area School District
B)C.Xavier v.M.Eisenhardt
C)Jones v.Clear Creek Independent School District
D)Brown v.Gwinnett County School District

Question 35

Parents are the best protectors of juvenile rights.

Question 36

Which case has ruled on random drug testing before any extracurricular activity?

A)E.Shellstrop v.B.Janet
B)Safford Unified School District, et al., v.April Redding
C)Vernonia School District v.Acton
D)Todd v.Rush County Schools

Question 37

Which of the following is false concerning students' right to free speech in school?

A)Students have a limited right to free speech in schools
B)Students have no free speech rights in the school setting
C)Students have the right to free speech that does not interfere materially with discipline or educational interests
D)Students can protest certain issues by wearing things such as armbands

Question 38

The only accomplishment of Breed v.Jones was a procedural change to determine probable cause instead of delinquency at waiver hearings.

Question 39

Which of the following cases upheld a statute authorizing a "moment of quiet reflection" to begin the school day?

A)Steirer v.Bethlehem Area School District
B)C.Xavier v.M.Eisenhardt
C)Jones v.Clear Creek Independent School District
D)Brown v.Gwinnett County School District

Question 40

Which of the following is NOT one of Zimring's aspects of adulthood?

A)Liberty
B)Entitlement
C)Privilege
D)Responsibility

Question 41

The Supreme Court has a long tradition of zealous protection of First Amendment rights.

Question 42

A few states have mandated that police electronically record all juvenile interrogations in order to assure the voluntariness of confessions.

Question 43

Research indicates that once a teen is 13 years old, he or she is able to understand Miranda warnings completely.

Question 44

In McKeiver v.Pennsylvania, the Supreme Court ruled that juveniles have the right to a jury trial.

Question 45

The Supreme Court recently ruled that the police do not have to make any special adjustments when they are interrogating a suspect who is clearly a juvenile.

Question 46

The Supreme Court has ruled that law enforcement officers can search probationers without a warrant based on reasonable suspicion and on a condition of probation stipulating the possibility of searches.

Question 47

The courts have upheld some, but not all, juvenile curfew laws.

Question 48

The Supreme Court ruled on cyberbullying in H.Granger v.Umbridge Public Schools.

Question 49

Juvenile curfew laws generally prohibit all activities after a certain time at night, even such activities as playing on the sidewalk in front of one's house and running an errand for a parent.

Question 50

The American Bar Association agrees with the Supreme Court that juveniles should be treated just like adults in consent search situations.

Question 51

Since 1912, the states have always ruled that one had to be 21 to purchase and publicly consume alcoholic beverages.

Question 52

In Roper v.Simmons, the Supreme Court ruled that the death penalty is unconstitutional for juveniles.

Question 53

It is legal for schools to randomly test students for drugs before they drive to or from school.

Question 54

Just like the U.S.Supreme Court, the American Bar Association (ABA) recommends that corporal punishment be permissible in schools.

Question 55

If a juvenile is held in preventative detention, he or she has a right to a decision hearing as well as a statement of the reasons for which he or she is being detained.

Question 56

Research shows the most restrictive graduated driver licensing laws have lower rates of heavy drinking among drivers aged 15-17 and lower rates in binge drinking among those under 21.

Question 57

The Supreme Court has ruled that public schools can force student athletes to undergo random drug testing as a condition for playing on school sports teams.

Question 58

Curfew laws reduce juvenile crime and victimization but unfortunately take up a great deal of police time.

Question 59

The principle that a defendant must be found guilty beyond a reasonable doubt was endorsed by the Supreme Court in a case involving a juvenile defendant.

Question 60

Corporal punishment in schools is constitutional.

Question 61

There is a fundamental tension in the law between paternalism and autonomy.

Question 62

Life Without Parole is constitutional for a juvenile offender who commits murder.