Deck 7: Due Process and Juveniles Rights

Question 1

"Procedural due process" has three components. They include:

A) Proper notice
B) Opportunity to be heard and present a case
C) A fair hearing
D) All of the above

Answer 1

D

Question 2

U.S. Supreme Court cases…

A) Have had little effect on juvenile processes in most states
B) Have changed the purposes of juvenile courts across the U.S.
C) Made immediate changes in juvenile courts across the U.S.
D) None of the above

Answer 2

D

Question 3

Which U.S. Supreme Court case clarified the application of the Miranda warning to juvenile offenders.

A) Jackson v. U.S.
B) In re Winship
C) Fare v. Michael C.
D) Reed v. Thompson

Answer 3

C

Question 4

School officials may conduct a search of a student's property if they…

A) Have "probable cause"
B) Obtain a search warrant
C) Have "reasonable suspicion"
D) All of the above

Question 5

In which U.S. Supreme Court case did the Court rule the standard of evidence for adjudication of delinquency should be "proof beyond a reasonable doubt?"

A) In re Winship
B) In re Gault
C) McKiever v. Pennsylvania
D) Breed v. Jones

Question 6

In which U.S. Supreme Court case did the Court rule juveniles were not entitled to a jury trial?

A) In re Gault
B) Kent v. U.S.
C) McKiever v. Pennsylvania
D) Breed v. Jones

Question 7

Which U.S. Supreme Court case is significant because it was the first Supreme Court case to "modify" the longstanding belief that juveniles did not require the same due process as adults?

A) In re Gault
B) Fare v. Michael C.
C) Kent v. U.S.
D) Breed v. Jones

Question 8

Most common "purpose clauses" among states today have components of balanced and restorative justice that give equal attention to…

A) Public safety
B) Individual accountability to victims
C) Development of skills to help the offenders live law-abiding lives
D) All of the above

Question 9

A juvenile's background and social history…

A) Is not considered in making case decisions
B) Would be illegal to use in making juvenile court decisions
C) Is considered of equal importance with the offense in making case decisions
D)A & C)

Question 10

In which U.S. Supreme Court case did the Court rule double jeopardy does apply to adjudication hearings as soon as evidence is presented?

A) Kent v. U.S.
B) In re Gault
C) In re Winship
D) Breed v. Jones

Question 11

The U.S. Supreme Court has used the test of ___________ to determine whether a school can deny a student the right to freedom of expression.

A) "Substantive due process"
B) "Material and substantial disruption"
C) "Reasonable suspicion"
D) "Intention"

Question 12

Under law, elements necessary in order to find a person guilty of a crime include:

A) Criminal intent
B) Degree of impact on society
C) Criminal act
D) A & C

Question 13

"Absence of legal guilt" refers to:

A) Because juveniles are generally less mature and often unaware of the consequences of their actions, they are not held legally responsible.
B) Legally, juveniles are not found guilty of crimes, but are found to be "delinquent"
C) Juvenile status, generally being under 18 years of age, is a defense against criminal responsibility
D) All of the above

Question 14

Which of the following is "not" what states base their "purpose clauses" on:

A) Standard Juvenile Court Act
B) Bill of Rights
C) Legislative Guide for Drafting Family and Juvenile Courts Act
D) Balanced and Restorative Justice

Question 15

Miranda is based on which Amendment?

A) Fourth
B) Fifth
C) Sixth
D) First

Question 16

"Mens rea" means:

A) "knowingly"
B) "Guilty mind"
C) "Knows right from wrong"
D) "Dirty hand"

Question 17

The U.S. Supreme Court in Tinker v. Des Moines reminded educators and school boards that…

A) Students and teachers shed their normal constitutional rights when they enter school
B) School officials possess absolute authority over their students
C) Students in and out of school are "persons" under the Constitution
D) None of the above

Question 18

Corporal punishment in schools has not been found to violate the Eighth Amendment against cruel and unusual punishment as long as…

A) School officials can show that the punishment is not excessive and reasonably relates to educational objectives
B) The student knows why he is being punished
C) At least one witness observes the punishment
D) Corporal punishment is never allowed in schools

Question 19

Which U.S. Supreme Court case ruled that in cases that could result in commitment to an institution, juveniles have the right to notice and counsel, to question witnesses, and to protection against self-incrimination?

A) McKiever v. Pennsylvania
B) In re Gault
C) In re Winship
D) Tinker v. Des Moines

Question 20

The Supreme Court Case Fare v. Michael C. established the standard for application of the Miranda warning to juveniles. That standard is:

A) It applies the same way as it does for adults
B) It only applies when juveniles are in custody
C) Suspects can ask for silence and presence of a lawyer
D) All of the above

Question 21

The most common "purpose clauses" among states today have components of balanced and restorative justice.

Question 22

The U.S. Supreme Court cases profoundly affected the legal process and procedures in juvenile courts throughout the United States.

Question 23

In Re Gault the Court ruled that in hearings that could result in a commitment to an institution, juveniles have the right to notice, counsel, to question witnesses, and to protection against self-incrimination.

Question 24

The stated purpose of juvenile court was for treatment rather than punishment, thus the most severe sanctions for adjudicated delinquency were generally less than one year in a residential facility.

Question 25

"Substantive due process" is a major factor in court decisions relating to corporal punishment in schools.

Question 26

"Procedural due process" refers to the objectives and appropriateness of legal interventions.

Question 27

The juvenile's background, and the need for and amenability to treatment are considered more important than the actual offense in making the final case decisions.

Question 28

The stated purpose of juvenile court is community protection and punishment.

Question 29

The U.S. Supreme Court has used the test of "material and substantial disruption" to determine whether a school can deny a student the right to freedom of expression.

Question 30

There are variations among states in how they describe the purposes of juvenile court.

Question 31

Justices in McKiever v. Pennsylvania argued that juries are necessary for a fair hearing in juvenile cases.

Question 32

The Fourteenth Amendment to the U.S. Constitution provides that no state shall deprive a person of life, liberty, or property without due process of law.

Question 33

Enforcement of "zero tolerance" policies for any students bringing weapons to school requires consideration of students' constitutional rights.

Question 34

The Legislative Guide for Drafting Family and Juvenile Court Acts published in the late 1960s included "to remove a child from the home only when necessary for his or her welfare or in the interests of public safety" as one of their purposes for juvenile court.

Question 35

In Vernonia School District 471 v. Acton, the Court allowed the consideration of special circumstances to give school officials the right to conduct random searches without reasonable individual suspicion.

Question 36

In the majority statement of Kent v. U.S., the justices noted that juveniles "may not" receive "the worst of both worlds…neither the protection accorded to adults nor the solicitous care and regenerative treatment postulated for children".

Question 37

The Supreme Court in Re Winship ruled that the standard of evidence for adjudication of delinquency should be "preponderance of evidence."

Question 38

The requirements of the Miranda warning are different for juveniles than adults due to the fact that juveniles would rather seek advice from someone they feel confident with, such as a close friend.

Question 39

The Tinker v. Des Moines Supreme Court case confirmed that students and teachers shed their constitutional rights at the schoolhouse gate.

Question 40

Under law two elements necessary to find a person guilty of a crime are "criminal intent" and a "criminal act."

Question 41

What are the main features that have distinguished juvenile court proceedings from criminal court proceedings?

Question 42

What is "procedural due process?" What are the three components that make up procedural due process?

Question 43

What is the significance of McKiever v. Pennsylvania and how is this case different from the other due process cases? What recommendations were made regarding the use of juries in juvenile cases?

Question 44

How does the Miranda warning affect the arrest and questioning of juveniles?