Deck 12: Police Work With Juveniles

Question 1

A guardian ad litem is often an attorney who represents the child during special legal proceedings,including abuse,neglect,and dependency cases.

Answer 1

True

Question 2

In Schall v.Martin,the U.S.Supreme Court ruled that preventive detention violated the Fifth and Fourteenth Amendments because the majority of detained youths were eventually placed on probation.

Answer 2

False

Question 3

The typical delinquent detainee is male,over 16 years of age,and charged with a violent crime.

Answer 3

True

Question 4

The U.S.Supreme Court has not yet decided if states have a right to detain dangerous youth until their trial.

Question 5

In most states,certain offenses require automatic waiver of the juvenile offender into adult criminal court,which is called concurrent jurisdiction.

Question 6

The term intake refers to the initial hearing that is required when a juvenile is detained.

Question 7

Delinquent children are detained if the police believe they are inclined to run away while awaiting trial,or if they are likely to commit an offense dangerous to the parent.

Question 8

Widening the net occurs because police and court personnel are likely to use diversion programs for youths who ordinarily would have been turned loose at the intake or arrest stage.

Question 9

Although adults retain the right to bail in most cases via the Eighth Amendment,most states refuse juveniles the right to bail.

Question 10

One issue faced by juvenile defense attorneys is that they rarely or never see the police report or other investigative material prior to their first meeting with a client.

Question 11

In many rural areas where public defender programs are not available,juveniles who cannot afford an attorney are denied the right to counsel.

Question 12

According to the text,plea bargaining in the juvenile court system is increasing.

Question 13

Nonjudicial adjustment and handling or processing are all names for what is commonly known as diversion.

Question 14

A juvenile with an extensive criminal record is most likely to get diversion.

Question 15

Like adults,juveniles are entitled to public trials by a jury of their peers.

Question 16

In Breed v.Jones,the Supreme Court ruled that juveniles are protected against double jeopardy.

Question 17

In 1989,the Juvenile Justice and Delinquency Prevention Act (JJDPA)of 1974 was amended to require that states allow juveniles to be detained in adult jails and lockups.

Question 18

For the first 60 years of its existence,the juvenile court did not include a prosecutor,because the concept of an adversarial process was seen as inconsistent with the philosophy of treatment.

Question 19

Most juvenile justice experts favor the juvenile waiver process because it reflects the rehabilitative ideal of the juvenile justice system.

Question 20

Courts must provide counsel to indigent defendants who face the possibility of incarceration.

Question 21

What percent of juveniles are detained in delinquency cases?

A)10 percent
B)21 percent
C)33 percent
D)47 percent

Question 22

The primary goal of the guardian ad litem is to act:

A)in the best interests of the juvenile court
B)in the best interests of society
C)in the best interests of the child
D)all of the above

Question 23

The typical delinquent detainee is all of the following except:

A)over 16 years of age
B)charged with a violent crime
C)a racial or ethnic minority
D)female

Question 24

Which of the following is a duty that both the prosecutor and judge are assigned?

A)Assuming responsibility for holding disposition hearings and deciding on the treatment accorded to the child
B)Waiving a juvenile into the adult system
C)Making decisions about plea-bargaining agreements and the informal adjustment of juvenile cases
D)Representing the interests of the state and bringing the case against the accused juvenile

Question 25

Virtually every state provides prosecutors and judges with access to the juvenile records of juvenile offenders.

Question 26

Which of the following is not a role of the juvenile defense attorney?

A)Helps to clarify jurisdictional problems
B)Outlines the child's position regarding detention hearings and bail
C)Represents the child at adjudication
D)Makes decisions about the continued detention of children prior to trial

Question 27

Which issue presented about juvenile public defenders is false?

A)Higher salaries than prosecutors
B)Lack of resources for independent evaluations
C)Inability to keep up with rapidly changing juvenile codes
D)Inexperience

Question 28

Which of the following is not one of the duties of the juvenile court judge?

A)Assuming responsibility for holding disposition hearings and deciding on the treatment accorded to the child
B)Handling waiver proceedings
C)Making decisions about plea-bargaining agreements and the informal adjustment of juvenile cases
D)Representing the interests of the state and bringing the case against the accused juvenile

Question 29

According to the text and prior research,which of the following is false with regard to the attorney-juvenile relationship?

A)Many juvenile offenders represented by court-appointed attorneys trust them.
B)Legal representation was one of the strongest predictors of an out-of-home placement disposition.
C)There is a need to improve the competency of juvenile defense attorneys.
D)There is a need to overcome some of the time constraints they face in case preparation.

Question 30

According to the text,most states use indeterminate sentencing in juvenile court.

Question 31

Which of the following is not one of the duties of the prosecutor?

A)Initiate or discontinue delinquency or status-offense allegations
B)Represents the child at adjudication
C)Decide whether to waive a case to adult court
D)Represents the interests of the state

Question 32

In in re Winship,the U.S.Supreme Court held that the amount of proof required in juvenile delinquency adjudications is equal to the requirements in the adult criminal justice system.

Question 33

The ___________________ is the attorney responsible for bringing the state's case against the accused juvenile.

A)district attorney
B)court-appointed special advocate
C)guardian ad litem
D)defense attorney

Question 34

According to previous research,what factor is not key in predicting longer time spent in detention?

A)Early age of first delinquency adjudication
B)Prior mental health service
C)Being African American
D)Educational attainment

Question 35

Alternatives to detention that provide temporary care to children in physically unrestricting facilities while the court disposes of their cases are known as:

A)community housing
B)training schools
C)shelter care
D)refuge centers

Question 36

There are three alternatives for providing children with legal counsel.Which of the following is not one of these alternatives?

A)An all-public defender program
B)An appointed private-counsel system
C)A combination of public defenders and appointed private attorneys
D)A juvenile's legal guardian can defend him/her

Question 37

A(n)______________________ is appointed by the court and advocates on behalf of the youth's best interest,especially in abuse,neglect,and dependency cases.

A)defense attorney
B)court-appointed counsel
C)guardian ad litem
D)ombudsmen

Question 38

Which of the following is a problem in public defender services for indigent juveniles in Pennsylvania?

A)In some counties,up to 30 percent of children appear without counsel.
B)In one jurisdiction,public defenders handle about 360 cases per year.
C)Some 44 percent of defense attorneys said they had no or inadequate access to investigators.
D)About 94 percent of defense attorneys do not have access to independent investigators or social workers.

Question 39

According to the prevailing juvenile justice philosophy,dispositions should be in the best interest of the public.

Question 40

Indeterminate sentencing allows the imposition of juvenile and adult sanctions for juvenile offenders adjudicated in juvenile court or convicted in criminal court.

Question 41

Which of the following is false regarding what experts maintain that detention facilities should provide to youth who are housed in their facilities?

A)Conjugal visits
B)Education
C)Clinical observation
D)Nutrition and recreation

Question 42

The Juvenile Justice and Delinquency Prevention Act of 1974 prohibits the placement of status offenders in secure detention facilities. This practice is known as:

A)preventive detention
B)nonintervention
C)home detention
D)deinstitutionalization

Question 43

A ___________________ is the report made by the police or some other agency to the court to initiate the intake process.

A)complaint
B)waiver
C)indictment
D)arrest warrant

Question 44

As a result of two Supreme Court cases,____________________,states that have transfer hearings must provide certain rights to the juvenile,including sufficient notice to the child's family and defense attorney,the right to counsel,and a statement of the reason for the court order regarding transfer.

A)Schall and Martin
B)Gault and Miranda
C)Kent and Breed
D)McKeiver and Smith

Question 45

The most damaging criticism has been that diversion programs are involving children in the juvenile justice system who previously would have been released without official notice.This is referred to as:

A)diversion
B)discretion
C)net widening
D)probation

Question 46

In a study of the extent of racial discrimination and disparity among juvenile property offenders in Missouri,it was found that:

A)African American youth were more likely than white youth to be detained prior to adjudication.
B)African American youth were less likely to be formally referred and white youth were less likely to be adjudicated.
C)White youth were more likely than African American youth to be detained prior to adjudication.
D)There were no significant differences in how African American and white youth were treated.

Question 47

Alternatives to secure detention do not include:

A)electronic monitoring
B)comprehensive case management
C)home detention
D)day care

Question 48

According to the text,upwards of 95 percent of all adult defendants plead:

A)innocent
B)no contest
C)guilty
D)none of the above

Question 49

Which of the following best describes the U.S.Supreme Court's ruling in Breed v.Jones?

A)Youths have the right to procedural due process in waiver hearings.
B)Youths are protected against unreasonable searches and seizures.
C)Youths are protected against double jeopardy.
D)Youths can be held in preventive detention if they are a flight risk or a threat to the community.

Question 50

The U.S.Supreme Court upheld the practice of preventive detention in _____________________.They argued that the practice protects the juvenile and society from pretrial crime.

A)Schall v.Martin
B)in re Gault
C)in re Winship
D)McKeiver v.Pennsylvania

Question 51

The most recent federal study of waiver found that _____ percent of juveniles tried in criminal court were sent to prison.

A)7
B)27
C)42
D)77

Question 52

The process in which a juvenile referral is received and a decision is made to file a petition in juvenile court to release the juvenile,to place the juvenile under supervision,or to refer the juvenile elsewhere is called:

A)preventive detention
B)nonintervention
C)disposition
D)intake

Question 53

In about 29 states,certain offenses are automatically excluded from juvenile court;this type of legislation is called:

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Question 54

In about 15 states,the prosecutor has the discretion of filing charges for certain offenses in either juvenile or criminal court;this is called:

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Question 55

Once the agency makes a decision that judicial disposition is required,a(n)____________ is filed.

A)petition
B)waiver
C)indictment
D)arrest warrant

Question 56

Which of the following  is not an associated problem with intake?

A)The child's right to counsel and protection against self-incrimination
B)Basing intake solely on the prior record rather than by the seriousness of the current offense
C)The degree to which the child needs to consent to nonjudicial disposition as recommended by the intake officer
D)Allowing juvenile courts to enter into consent decrees with juveniles without filing petitions and without formal adjudication

Question 57

In a _______________________,a hearing is held before a juvenile court judge who then decides whether jurisdiction should be waived and the case transferred to the adult court.

A)reverse waiver
B)concurrent jurisdiction
C)judicial waiver
D)statutory exclusion

Question 58

In 1989,the Juvenile Justice and Delinquency Prevention Act of 1974 was amended to prohibit:

A)smoking on school property
B)the placement of juveniles in adult lockups and jails
C)the placement of status offenders in secure detention facilities
D)the waiver of juveniles to the adult criminal justice system

Question 59

A federal study of juveniles waived to criminal court in the nation's 40 largest counties found that 62 percent of waived youth were:

A)European American
B)Hispanic American
C)African American
D)Asian American

Question 60

One of the most important alternatives chosen at intake is nonjudicial disposition,or as it is most commonly known:

A)diversion
B)discretion
C)net widening
D)probation

Question 61

What U.S.Supreme Court case ended the practice of the death penalty for juveniles?

A)Roper v.Simmons
B)Miller v.Alabama
C)In re Winship
D)McKeiver v.Pennsylvania

Question 62

Juvenile court statutes normally restrict appeals to cases where the juvenile seeks review of a _________________,which is a document that ends the litigation between two parties by determining all their rights and disposing of all the issues.

A)final order
B)writ of habeas corpus
C)confidentiality agreement
D)consent decree

Question 63

In what U.S.Supreme Court case did the justices end juvenile sentences of life without parole?

A)Schall v.Martin
B)Miller v.Alabama
C)In re Winship
D)McKeiver v.Pennsylvania

Question 64

What U.S.Supreme Court case ensures due process rights for juveniles,including the right to an attorney at a transfer hearing?

A)Roper v.Simmons
B)Miller v.Alabama
C)Breed v.Jones
D)In re Gault

Question 65

_______________________ are volunteers who advise the court about child placement issues,volunteer to investigate the needs of children,and provide a vital link between the court members.

Question 66

Which of the following is true with regard to juvenile detention?

A)About 50 percent  of juveniles with a delinquency case are detained.
B)Juveniles are placed in adult facilities with regularity in urban areas.
C)Children should not be held in a detention facility for more than 24 hours without a formal petition being filed to extend the detention period.
D)Nearly one in seven juvenile detainees commit suicide in the United States.

Question 67

What type of sentences is defined by a statutory requirement that states the penalty to be set for all cases of a specific offense?

A)Indeterminate sentences
B)Determinate sentences
C)Mandatory sentences
D)Least detrimental sentences

Question 68

__________________ is addressed in the Fifth and Fourteenth Amendments to the U.S.Constitution.

A)Bail
B)Due process
C)Detention
D)Parole

Question 69

If Gerald is convicted in a criminal court of homicide,what sentencing option(s)does the jury have?

A)Death penalty
B)Life with parole
C)Life without parole
D)All are options

Question 70

In Schall v.Martin,the U.S.Supreme Court allows the practice of _____________,which grants the state the right to detain dangerous youth until their trial for the protection of the juvenile and community.

A)denial of bail
B)intake processing
C)preventive detention
D)consent decree

Question 71

What issues might Johnny's attorney have faced during his trial that impeded a good defense?

A)Lack of resources for expert witnesses
B)Ability to keep up with changing juvenile codes
C)Inexperience and limited training
D)All of these issues

Question 72

In the key constitutional case in the juvenile justice system,Gault was charged with:

A)homicide
B)rape
C)truancy
D)making obscene phone calls

Question 73

The U.S.Supreme Court upheld the practice of preventive detention in the case of ____________________.They argued that the practice protects the juvenile and society from pretrial crime.

Question 74

In Roper v.Simmons,the U.S.Supreme Court put an end to:

A)the practice of requiring bail from minors
B)the practice of the death penalty for juveniles
C)the practice of sentencing juveniles to life in prison without the possibility of parole
D)none of the above

Question 75

If Gerald is acquitted in criminal court,what U.S.Supreme Court case ensures he cannot be tried again in juvenile court?

A)Roper v.Simmons
B)Miller v.Alabama
C)Breed v.Jones
D)McKeiver v.Pennsylvania

Question 76

Based on the scenario,what type of waiver procedure occurred?

A)Statutory exclusion
B)Concurrent jurisdiction
C)Judicial waiver
D)Reverse waiver

Question 77

At the end of the adjudication hearing,most juvenile court statutes require the judge to make a factual finding on the legal issues and evidence. What is not one of the ways the case is resolved?

A)The juvenile court judge,upon adjudication,transfers the case to the adult system.
B)The juvenile court judge dismisses the case because of insufficient or faulty evidence.
C)The juvenile court judge makes a finding of fact that the juvenile is delinquent or in need of supervision.
D)The juvenile court judge makes a finding of fact that the child or juvenile is not delinquent or in need of supervision.

Question 78

The jurisdiction Johnny's case is in requires an appellate court review to determine whether,based on the evidence presented at the trial,the rulings of law and the judgment of the court were correct. This is called a:

A)direct appeal
B)consent decree
C)collateral attack
D)final order

Question 79

In about half the states,a(n)_______________ sentence means having the judge place the offender with the state department of juvenile corrections until correctional authorities consider the youth ready to return to society or until the youth reaches legal majority.

A)indeterminate
B)determinate
C)mandatory
D)least detrimental

Question 80

What U.S.Supreme Court case articulated the basic requirements of due process that must be satisfied in juvenile court proceedings?

A)Schall v.Martin
B)In re Gault
C)In re Winship
D)McKeiver v.Pennsylvania