Myth or fact: the commission of serious violent crime by juveniles is widespread.

Myth because one fourth of 1%.

• a child who has engaged in activity that would be considered a crime if the child were an adult. Delinquent children are those who violate the criminal law. If they were adults, the word criminal would apply to them.

• ·         The term delinquent is applied to a child in order to avoid the stigma that comes from application of the term criminal.·    
  

•     Kansas uses the term “Juvenile Offender”

a special category that embraces children who violate laws written only for them. Includes behavior such as truancy, running way from home and incorrigibility.

Status offense

·         an act or conduct that is declared by statute to be an offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court.

Undisciplined child

a child who is beyond parental control, as evidenced by his or her refusal to obey legitimate authorities, such as school officials and teachers. They need state protection. Kansas uses the term “child in need of care.”

Dependent child

a child who has no parents or guardians to care for them.

Neglected child

a child who is not receiving the proper level of physical or psychological care from his or her parents or guardians or who had been placed up for adoption in violation of the law. 

Abused child

a child who has been physically, sexually, or mentally abused. Most states also consider a child who is forced into delinquent activity by a parent or guardian to be abused.

Parens Patriae

a doctrine thathold the state as responsible for the child when their parents cannot do so.

Kent vs United States

the first decision to extend due process rights to children in juvenile courts.

In re winship

required the government to prove “beyond a reasonable doubt” that a juvenile had committed an act of delinquency.

Juvenile petition

a document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, etc and asking that the court assume jurisdiction over the juvenile.

Detention hearing

conducted by juvenile judge or officer of the court who has been given the authority to make intake.

Graduated sanctions

the punishment needs to fit the crime for a juvenile.

juveniles are entitled to most of the procedural rights of adults. 

protects your from unreasonable searches and seizures

facts and circumstances which, taken together with rational inferences there from, would cause a reasonable police officer to believe that… (a) to arrest that a crime has been committed and that a particular person committed it. (b) to search that evidence of a crime is in the place to be searched. (c) to seize that items are contraband or otherwise evidence of crime, or are lawfully subject to forfeiture to the government under applicable forfeiture laws.

facts and circumstances which taken together with rational inferences therefore, would cause a reasonable police officer to suspect…(a) to detain that a person is, has been, or is about to be involved in criminal activity. (b) to frisk a person that a person subject to lawful detention. (c) to frisk other areas that an area within the immediate control and access of a person lawfully detained contains weapons and that the detainee might use those weapons against the officer. (d) to conduct a “protective sweep” that other rooms or spaces in a place where an officer is lawfully present contains would-be assailants who would constitute a threat to the officer.

Retribution

a call for punishment based on a perceived need for revenge or vengeance.

Incapacitation

seeks to protect innocent members of society from offenders who might harm them if not prevented to do so.  The use of imprisonment or other means to reduce the likelihood that an offender will be capable of committing future offenses.

Deterrence

a goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment.

Rehabilitation

the philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished.

Restoration

a goal of criminal sentencing that attempts to make the victim “whole again”. Everyone is affected by the crime and they want to help them put everything back together to become whole again.