CRCJ 3338 Exam # 1 Study Guide Chapters 1-3Chapter 11. what old law make differences between juvenile and adult courts?- Roman civil law and the church made clear distinctions between adults and juveniles based on the notion: age of responsibility - Age set at 7 “not having a guilty mind”- 7-14 only if they could tell right from wrong - 14 years and older could be charged as an adult 2. Know the differencea. Statue of artificers- children of paupers could be involuntarily separated from their parents and apprenticed to others (1562). Passed by parliament b. Poor law act- involuntary separation of children from impoverished parents, these kids were placed in bondage to local residents as apprentices. c. Both based on the state had the best interest of the child and the best welfare of the child in mind.3. Know the JJ system primary focus on- over time a. 1700’s- educate and instruct in some useful trade or occupation b. 1800s- therapeutic approach: housed and taught trade to be better equipped to stay on the right side of the law i. 1818 aimed at education and treatmentii. House of refuge- failure in rehabilitation but beginning of the child saving movementiii. Legalistic approach 4. Know the difference between the juvenile court casesa. 1870 People v. ex rel O’connor v. Turner- Found unconstitutional to commit a child to a reform school without proof of a crime and without conviction of an offense. Foster care was introduced at this time b. 1966 Kent v. US- 16yo charged with rape and robbery, confessed and judge waived case to criminal court, found guilty (no trial). Kent’s attorney argued waiver was invalid due to Kent being denied his constitutional right since he was a juvenile. Supreme court agreed stating juvenile have a right to a hearing and due process based upon 14th amendment. No transfer to adult court without proper written reason and need for minimum due process.c. 1967 In re Gault- 15yo accused of making obscene phone calls, victim never appeared in court so Gault couldn’t face his accuser. Never properly informed of the charges against him, just that there was a complaint. Found guilty = 3 yrs in training school. Court ruled in favor of Gault because he was denied due process.Stated juveniles had the right to be given notice of charges, the right to counsel, and the right to confront and cross examine. d. 1970 In re Winship- prior to case juvenile court was based only on preponderance of evidence. The court decided that juvenile courts needed thesame standard of proof for convictions as that of adult courts. The standard of evidence was “beyond reasonable doubt”e. 1971 Mc Kelver v. PN- no right to jury trialf. Breed v. Jones- juveniles are protected from double jeopardy and transfers to adult court must be made prior to adjudicatory hearing. (could no be tried in adult court if adjudicated in juvenile court) g. 2005 Roper v. Simmons- could struck down the death penalty for crimes committed by people under age 185. Parens patriae- chancery courts started this concept. The principle of Parens Patriae became central to the development of the juvenile court in America. Now State has ultimate authority over kids in need of protection. Courts created for those in need of protection and aid.6. In the 20th century – these Child Savers/reformers were largely responsible for the creation of the 1st juvenile court in the US. 1st Juvenile / family court - 1899 in Cook County Illinois by middle class reformers. No longer was the child a criminal, but now had the status of being in need of care, protection, and discipline directed toward rehabilitation.Chapter 21. Definitions:a. Behavioral: those whose behavior violates statues applicable to them are offenders whether or not they are officially labeled (truancy)b. Legal: hold that only those who have been officially labeled by the court are offenders 2. Difference between:a. UCR: most commonly used, offers a partial picture because of the rule to list onlythe most serious crime per incident per offender. Don’t include all crimes committed only the most serious, based off official records. b. NIBRS: incident based; reports are made on each/all crimes reported rather than just the most serious. Self report data of which 52% are not reported c. NCVS: collects data on personal and household victimization, based on surveys. Most are not reported 3. Know a. Victim survey research: these reports lead to discoveries about the nature of the dark figure of crime. Victim rates are higher, problem like UCR, counts only most serious crimes per incident b. Police observation: 70-85% of police and juvenile encounters do not lead to arrests and are not included in the official delinquency statistics. Police use discretion and act as a social control agent and public service provider. c. Self report studies: subject to criticism on the basis that respondents may underreport or over report delinquency or abuse as a result of poor recall or deliberate deception.Chapter 31. Know most important factor influencing delinquencya. Family is the most important influencing factorb. Risk factors: history of problems/ parent criminality, poor supervision of children,poor attachments/bonding, child victimization/ maltreatment, high rates of family conflict, domestic/family violence, having a young mother, broken home, antisocial behavior of siblings, family transitions, poor discipline practices, low education or illiteracy of parents, maternal depression.c. Adolescents in single parent homes are more likely to be delinquent than kids who live with 2 parents.2. Predictors of educational performancea. Low academic achievement, negative attitudes towards school, truancy/absences, suspension, dropping out of school, inadequate schools or education (poor teacher), labeled as having a learning disability, frequent school transitions.3. Social classa. Actual relationship between social class and delinquency- may be that social class is important in determining whether a particular juvenile becomes part of the official statistic and not whether they will actually commit delinquency. b. Social class- accessibility to social objects (cars, latest technology, alcohol, drugs, latest styles, etc)c. Middle class more inclined to commit minor crimes 4. Females in the JJ systema. Females offend because of a complex web of: victimization, substance abuse, economic conditions, and dysfunctional familiesb. Typically the JJ system often ignores females