Question 1

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

Accepted Answer

In the landmark case In re Gault, the juvenile Gerald Gault was charged with making obscene phone calls. This case led to a Supreme Court decision that extended certain procedural rights to juveniles accused of crimes, recognizing the importance of due process under the Fourteenth Amendment for minors as well as adults.

Question 2

Today, as a result of two Supreme Court cases, ____________________, states that have transfer hearings provide a legitimate transfer hearing, 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.

Accepted Answer

The cases of Kent v. United States and In re Gault established the right to counsel and due process for minors in transfer hearings, while the cases of Breed v. Jones and McKeiver v. Pennsylvania clarified the limited role of the juvenile court in transfer hearings. Therefore, the option C is the correct answer.

Question 3

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

Accepted Answer

The Supreme Court in Breed v. Jones ruled that trying a juvenile in both juvenile and adult court for the same offense constitutes double jeopardy, which is prohibited by the Fifth Amendment.

Question 4

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.

Accepted Answer

An indeterminate sentence allows for the judge to place the offender in the custody of the state department of juvenile corrections for an unspecified period of time, until they are deemed ready to return to society or until they reach legal majority. This is in contrast to a determinate sentence, which specifies a fixed period of time that the offender must spend in custody. A mandatory sentence simply requires that a specific punishment be imposed for a specific offense. The term "least detrimental" is not commonly used in discussions of sentencing.

Question 5

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

Accepted Answer

A guardian ad litem is a court-appointed individual, often an attorney, who represents the best interests of a child during legal proceedings. This may include abuse, neglect, and dependency cases, as well as custody or visitation disputes.

Question 6

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

Accepted Answer

The term "intake" refers to the process in the juvenile justice system where decisions are made regarding the filing of formal charges or the need for diversion or other alternatives, not specifically to an initial hearing.

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.

Accepted Answer

Delinquent children can be detained if the police believe they are a flight risk or if they pose a danger to themselves or others.

Question 8

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

Accepted Answer

Roper v. Simmons ended the practice of the death penalty for juveniles, ruling that it was unconstitutional under the Eighth Amendment's prohibition of cruel and unusual punishment.

Question 9

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

Accepted Answer

Studies have found that the majority of delinquent detainees are male and 16 years or older, and a significant number are charged with violent offenses.

Question 10

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

Accepted Answer

This statement is true. While the Eighth Amendment guarantees adults the right to bail in most cases, many states have restrictions on bail for juveniles.

Question 11

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

Accepted Answer

The most recent federal study of waiver found that 27% of juveniles tried in criminal court were sent to prison.

Question 12

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

Accepted Answer

The Fifth and Fourteenth Amendments address the concept of due process, which ensures that individuals are not deprived of life, liberty, or property without a fair and impartial legal process. This includes protections such as the right to a fair trial, access to legal representation, and the presumption of innocence until proven guilty. While the other options may also be addressed in the Constitution, they are not specifically mentioned in the Fifth and Fourteenth Amendments.

Question 13

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

Accepted Answer

This is known as the Sixth Amendment's right to counsel, which has been interpreted to mean that if a defendant cannot afford an attorney, the court must provide one at no cost. This applies to criminal cases where the defendant faces the possibility of imprisonment, not just incarceration.

Question 14

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

Accepted Answer

In the United States, juveniles who cannot afford an attorney are entitled to legal representation under the Sixth Amendment, and this right is upheld regardless of whether they are in rural or urban areas. Public defender programs or court-appointed attorneys are typically made available to ensure this right is not denied.

Question 15

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

Accepted Answer

The study found that 62 percent of waived youth were African American, making them the largest group of waived youth in the sample.

Question 16

These types of sentences are defined by a statutory requirement that states the penalty to be set for all cases of a specific offense.

Accepted Answer

Mandatory sentences are defined by statutory requirements that set the penalty for a specific offense. The judge does not have discretion in setting the sentence and must impose the mandated penalty.

Question 17

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

Accepted Answer

The U.S. Supreme Court has established that states can detain juveniles if they are considered a danger to the community, balancing the state's interest in protecting the public with the rights of the juveniles.

Question 18

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

Accepted Answer

The statement is true. The juvenile court was established with the philosophy of rehabilitation and treatment, rather than punishment. Therefore, the inclusion of a prosecutor in the court was initially seen as contradicting this philosophy.

Question 19

In Montana, about 44 percent of juvenile defense attorneys surveyed reported that they rarely or never see the police report or other investigative material prior to their first meeting with a client.

Accepted Answer

The answer of In Montana, about 44 percent of juvenile...

Question 20

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.

Accepted Answer

A judicial waiver is a hearing in which a juvenile court judge decides whether a young offender should be tried as an adult. The judge makes this decision based on factors such as the severity of the crime, the offender's age and prior record, and the potential for rehabilitation. This is also known as a discretionary waiver.

Quiz 13: Juvenile Court Process: Pretrial, Trial, and Sentencing