Deck 8: Juvenile Law and Procedure

Question 1

In 1968, Joseph McKeiver, age 16, was charged with _____________________.

A)murder
B)drug sales
C)robbery, larceny, and receiving stolen goods
D)making obscene phone calls
E)carrying a weapon in school

Answer 1

C

Question 2

The standard of proof that requires that the facts and evidence are entirely convincing is called _____________.

A)preponderance of the evidence
B)overwhelming evidence
C)the majority of the evidence
D)proof beyond a reasonable doubt
E)none of the above

Answer 2

D

Question 3

Rights that protect an individual against arbitrary and unreasonable action are called _____.

A)substantive rights
B)criminal rights
C)juvenile rights
D)procedural rights
E)natural rights

Answer 3

A

Question 4

Rights that govern the process by which a hearing or court action will proceed are called ____________.

A)substantive rights
B)criminal rights
C)juvenile rights
D)procedural rights
E)natural rights

Question 5

Evidence which is of greater weight or more convincing than evidence that is offered in opposition to it is usually called _________________.

A)preponderance of the evidence
B)overwhelming evidence
C)the majority of the evidence
D)proof beyond a reasonable doubt
E)none of the above

Question 6

The Supreme Court case that decided the standard of proof in juvenile delinquency proceedings is proof beyond a reasonable doubt is ____________.

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

Question 7

Gerald Gault was charged with __________________.

A)murder
B)drug sales
C)burglary, robbery, and rape
D)making obscene phone calls
E)carrying a weapon in school

Question 8

Which of the following rights was not granted to juveniles in the In re Gault decision?

A)right to reasonable notice of the charges
B)right to counsel
C)right to confront and cross examine witnesses
D)right against self-incrimination, including the right to remain silent
E)the right to a jury trial

Question 9

The Supreme Court case which ruled that a juvenile in a delinquency proceeding is entitled to the essentials of due process including the right to remain silent is ___________.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)Kent v.United States
E)Fare v.Michael C.

Question 10

Morris Kent was charged with ________________.

A)murder
B)drug sales
C)burglary, robbery and rape
D)making obscene phone calls
E)carrying a weapon in school

Question 11

The idea that day-to-day operations of the juvenile justice system should be left up to the professionals working in the system without court review or intervention is called __________.

A)the professional model
B)the correctional model
C)the hands-off doctrine
D)the justice model of corrections
E)the crime control model

Question 12

The case in which it was ruled that juveniles facing waiver to adult court are entitled to some basic due process rights is _____________.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)Kent v.United States
E)Fare v.Michael C.

Question 13

Which case ruled that juveniles are protected against double jeopardy by the U.S.Constitution?

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

Question 14

The first landmark case regarding juvenile justice was ______________.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)Kent v.United States
E)Fare v.Michael C.

Question 15

The basic philosophy behind the creation of the juvenile court was ___________.

A)the medical model
B)the crime control model
C)the justice model
D)the punishment model
E)the just deserts model

Question 16

The Supreme Court case that ruled that juveniles are not entitled to a trial by jury in delinquency proceedings was _______________.

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

Question 17

The period of time during the 1960s and early 1970s when the U.S.Supreme Court made several rulings that created or applied additional due process protections to the criminal justice system is called _______________.

A)the crime control model
B)the due process revolution
C)the justice revolution
D)the equality act
E)the civil rights agenda

Question 18

The phrase parens patriae means __________________.

A)the parental authority
B)in place of the parents
C)the parent protectors
D)the King as parent
E)parent of the country

Question 19

In the case of In re Winship, Winship was sentenced to 18 months in a training school for stealing money from a women's purse.How old was WInship?

A)12
B)14
C)16
D)18
E)21

Question 20

The phrase in loco parentis translates as _______________.

A)the parental authority
B)in place of the parents
C)the parent protectors
D)the King as parent
E)parent of the country

Question 21

The U.S.Supreme Court in the _____________ case stated that a juvenile is entitled to an attorney, and it the child could not afford one, one would be appointed.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)New Jersey v.T.L.O.E.Fare v.Michael C.

Question 22

The juvenile court extended the right to conviction based on proof beyond a reasonable doubt to all juvenile hearings.

Question 23

This case established ground rules for determining whether a juvenile has knowingly and voluntarily waived his rights.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)Kent v.United States
E)Fare v.Michael C.

Question 24

The U.S.Supreme Court has repeatedly stopped short of granting juveniles all of the rights adult criminal defendants have.

Question 25

In New Jersey v.T.L.O.the Court ruled that school officials need a warrant in order to search a student.

Question 26

The U.S.Supreme Court in the In re Gault case stated that a juvenile is entitled to an attorney, and it the child could not afford one, one would be appointed.

Question 27

In Kent v.U.S.the Supreme Court considered whether a juvenile was entitled to due process in the juvenile system.

Question 28

The juvenile court operates and proceeds more similarly to a criminal court than a civil court.

Question 29

Gerald Gault was represented by a public defender at his hearing.

Question 30

A juvenile can be found guilty at a juvenile hearing and then waived to adult court and be found guilty again by the adult court.

Question 31

According to the Justice Department, which state has the worst juvenile prisons?

A)New York
B)California
C)Texas
D)Louisiana
E)Iowa

Question 32

If Gerald Gault would have been three years older, his maximum penalty would have been a fine of $5 to $50, or imprisonment in jail for not more than two months.

Question 33

The Court decision that stated school officials needed only reasonable grounds to search a student and not probable cause was _____________.

A)In re Gault
B)McKeiver v.Pennsylvania
C)Breed v.Jones
D)New Jersey v.T.L.O.E.Fare v.Michael C.

Question 34

During the Gerald Gault hearing, Mrs.Cook, the victim, gave very damaging testimony.

Question 35

Juveniles are entitled to the same full due process rights as adults when facing criminal charges.

Question 36

In a juvenile hearing, it is not necessary to prove proof beyond a reasonable doubt to incarcerate a juvenile.

Question 37

The decision in the McKeiver case clearly showed that the Court was unwilling to create a "junior criminal court" where there would be no distinction in process other than the age of the defendant.

Question 38

The juvenile justice system is much more decentralized than the adult criminal justice system.

Question 39

The Court case that decided juveniles can be held in preventive detention prior to adjudication was _______________.

A)In re Gault
B)Schall v.Martin
C)Breed v.Jones
D)New Jersey v.T.L.O.E.Fare v.Michael C.

Question 40

Because of their age, the Fourth Amendment does not apply to juveniles.

Question 41

Explain the case of New Jersey v.T.L.O.

Question 42

As of 2008, all states authorize police to fingerprint detained juveniles.

Question 43

Currently, at least 45 states require or permit the court to open juvenile proceedings if the case involves a serious offense or if the youth is a habitual offender.

Question 44

What does the Uniform Juvenile Court Act (UJCA) state?

Question 45

The Court has ruled that preventive detention of juveniles is constitutional and concluded that such a detention protects both society and the juvenile.

Question 46

What were the rights granted to juveniles in the case of In re Gault?

Question 47

In the case of Mckeiver v.Pennsylvania the court outlined four reasons for denying juveniles the right to a jury trial.What were those four reasons?

Question 48

Explain the case of McKeiver v.Pennsylvania.

Question 49

Explain the case of Kent v.United States.

Question 50

The Court ruled in 1975 that students who face temporary suspension from school have liberty interests that require due process protection.

Question 51

According to your text, prior to landmark decisions by the U.S.Supreme Court, how were juveniles treated?

Question 52

Explain the case of Schull v.Martin.

Question 53

Explain the case of Breed v.Jones.

Question 54

The freedom of the juvenile court to intervene in the lives of children and family was rooted in two doctrines.Describe those two doctrines.

Question 55

Curfew laws apply only to juveniles.

Question 56

Explain the case of Fare v.Michael
C.Answers will vary

Question 57

Explain the main constitutional issue in Kent v.United States.

Question 58

The courts have held that school authorities may question a student without giving him the Miranda warnings.

Question 59

The United States Supreme Court has ruled that corporal punishment of students is unconstitutional.

Question 60

Explain the three major trends in laws related to juvenile records.

Question 61

What are the reasons for and against jury trials for juveniles?

Question 62

What are the problems facing public defenders in juvenile court?

Question 63

Compare and contrast the New Jersey Juvenile Justice code with the Texas Juvenile Justice code.