WK4 MIDTERM CJ303

Week 4 Midterm

QUESTION 1

What are the five domains of competency development?

The five domains of competency development include

Prosocial skills

Moral reasoning skills

Academic skills

Workforce skills

Independent living skills.

QUESTION 2

What protections can youth expect under the 4th Amendment?

Unlike adults, youth are not fully accorded to the rights spelt out in the fourth amendment.

the fourth amendment states that ‘the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized’.

The protections that youth can expect under the 4th amendment include the provision that a juvenile arrested without a warrant be provided with a probable hearing (Kyvig, 1996). It protects youth from unreasonable government intrusions into their legitimate privacy expectations. This amendment requires that a warrant be obtained before law enforcement conducts a search. States have not extended fourth amendment protection to juveniles who engaged in non-criminal misbehavior.

QUESTION 3

Discuss a major event in Juvenile Justice and discuss its impact on the juvenile justice system?

The gault case in 1967 involving Gerald Gault, a 14 year old from Arizona accused of making an obscene phone call to a neighbor who identified him, is a major event in the Juvenile Justice system. Despite failure of the neighbor to appear at the adjudicatory hearing, and lack of any demonstration that Gault made the obscene comments, Gault was sentenced to spend the remainder of his minority in a training school. Gault and his parents were not properly notified of the charges against the juvenile. They were not informed of their right to counsel, their right to confront and cross-examine witnesses, their right to remain silent, their right to a transcript of the proceedings, or their right to appeal. The Court made a ruling that in hearings that may result in institutional commitment, juveniles have all of these rights (in re Gault, 1967). The impact of this event on the Juvenile justice system is that the U.S. Supreme Court decision gave juveniles accused of crimes the same due process rights as adults and this meant that juveniles are entitled to the protection of constitution as their adult counterparts, except in the participation in a public jury trial.

QUESTION 4

Differentiate between legal and extralegal factors

Legal factors are factors that are regulated or sanctioned by the law. These factors are used in the decision making process are considered before the court makes a ruling.

Extralegal factors are factors that are not governed by the law and are not in the scope of the law. These factors cannot be considered in the decision-making process. These factors include age, race, gender and ethnicity (Friedman, 2002).

QUESTION 5

What is parens patria?

According to (Wice, 2005), Parens patria is a doctrine that gives inherent power and authority to the state to protect people who are legally unable to represent themselves or act on their own behalf.

QUESTION 6

What are the trends in juvenile female crime? Are these trends the same or different from males?

Juvenile female crime has been in existence and began to rise sharply in the last half of the 20th century. The rise extended to the 21st century and more cases have been reported in the recent past. These trends are similar to male juvenile crimes although the levels of crime among male minors are higher than those among female offenders.

QUESTION 7

Which theory best describes why juveniles engage in delinquent behavior?

The contemporary biological theory called biosocial theory best explains why juveniles engage in delinquent behavior. This theory states that the thought and behavior of an adolescent both have biological and social bases (Sanborn et al, 2005). This theory suggests that genetics and social environment determine whether a child will or will not become delinquent.

QUESTION 8

What are the pros and cons of the juvenile death penalty?

The pros of juvenile death penalty imposition include the fact that there is reduction in the number of adult criminals, it is cost effective to the juvenile justice system in terms of cutting costs of rehabilitation and correction of juveniles. In addition to this, other minors would be deterred from delinquency if death penalties are imposed on delinquents.

The cons of imposing a death penalty on delinquents include factors such as it being considered ethically wrong by various groups and individuals. Minors may not understand the concept of action and consequence and the magnitude of their action and its consequences. It may be unfair and it may not bring justice

QUESTION 9

What discretionary actions can police officers take when dealing with juveniles?

Police are the first contact between the juvenile offender and the law. The officer decides whether the youth was antisocial to the extent that their behavior would interfere with the rights of the people in the community. They decide whether or not the youth should be arrested, while considering the welfare of the youth. The officer then decides whether the juvenile should be put into custody or not. The officer then decides whether or not and how to hand over the arrestee to the justice sytem (Sanborn et al, 2005).

QUESTION 10

What is expungement? Who issues expungement orders? Why are juvenile records sealed?

Expungement is a process that is court ordered and in which the legal record of an arrest or criminal conviction is sealed or erased in the eyes of the law. This process is also known as setting aside a criminal conviction. Expungement orders are issued by state courts or federal courts depending in the nature of the crime committed.

QUESTION 11

How does a juvenile progress through the juvenile justice system via (i.e. intake to trial, disposition and corrections)?

A juvenile gets into the juvenile justice system through arrest by law enforcement followed by intake and detention through court intake or by a prosecutor. This is then followed by prosecution involving prosecuting and defense attorneys. This is followed by adjudication by a judge. The juvenile is then placed in juvenile corrections including juvenile probation or residential placement and then after care (Wice, 2005). After the period of correction has elapsed the juvenile is released and exits the system through release, diversion or informal adjustment.

References

Friedman, L. M. (2002). American law in the 20th century. New Haven: Yale University Press.

Kyvig, D. E. (1996). Explicit and authentic acts: amending the U.S. Constitution, 1776-1995. Lawrence, Kan.: University Press of Kansas.

Sanborn, J. B., & Salerno, A. W. (2005). The juvenile justice system: law and process. Los Angeles, CA: Roxbury Pub. Co.

Wice, P. B. (2005). Public defenders and the American justice system. Westport, CT: Praeger.