Criminal Justice: Questions and Answer Essay

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Criminal Justice: Questions and Answer Essay

1. What is the philosophy upon which the system of justice used for juveniles in the United States is based?

Primarily, juveniles intervene by correcting behavior through the use of correctional contributions, courts or arrests by police. The criminal victims are faced with a number of repercussions such as probation and the use of youth courts. The U.S. justice system is mainly based on racial disparities and economic stability. In past decades, effectiveness in reforming the juvenile victims has been the target of the justice system.

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2. What was the condition of children in Europe from Roman times until the late eighteenth century?

During the period, many children were getting involved in deeds that were unexpected. Consequently, scientists of the time were forced to carry out several research studies on the behavior and capabilities of children during the adolescent stage. People particularly reacted differently about the sexual awakening among the youth.
3. What were the conditions that gave rise to houses of refuge in America?

During the 19^th century, all criminals were confined in penal institutions and punished regardless of age and gender. There were no alternatives to respond to large crowds in penal institutions. The condition worsened and a few panel reformers opposed the move to confine criminals of all age brackets, including children, at one prison. Therefore, this led to the formation of the New York house of refuge which was the first successful institution of that nature.
4. What is meant by the concept of parents’ patriae?

This was a doctrine that enabled the government to provide assistance to disabled groups. Parents who practiced neglect had their young ones taken away and handed over to foster parents. This doctrine also applied to mentally ill children and the elderly who were incapable of caring for themselves.
5. Who were the child savers and what did they advocate?

Child savers consisted of independent movements and organizations that were majorly started to improve children’s conditions. They endorsed free education in public schools and enacted reforms in the law that reviewed the consequences of engaging in child labor. They suggested that children languishing in prisons should be transferred to reform schools in order to reduce their chances of becoming more harmful to society upon regaining their freedom.
6. What were the significant historical developments that led to the establishment of the juvenile court?

Children below seven years were believed to be too innocent to be accused of committing crimes and thus, were exempted from prosecution. However, at times, some children could be found guilty and there was a need to subject them to the rule of law. Therefore, education reforms pushed for the formation of juvenile courts where children could be tried. A special branch was also formed by the judiciary to train personnel to handle children’s cases.
7. Why can the original principles upon which the juvenile court was established be referred to as positivism run amok?

This is because the perspective in which adult courts viewed cases of criminology was only focused on how to mete out punishment yet the juvenile court aims at reforming the behaviors the children and curbing unwanted traits through a series of training and rehabilitation measures.

8. What are the four types of cases handled by the juvenile court?

Juvenile court deals with dependency cases, which include petitions being filed for children who are beyond the control of their parents. It also handles emancipation cases, which are dealt with when a child of between 16 to 17 years demands to have his/her own roof in addition to having his/her own independent job. The court also addresses delinquency, which is a crime-related case committed by those of 18 years and below. Lastly, it addresses expunctions, which are cases that target the destruction of court records against past crimes that were committed.
9. What are the three methods for having a juvenile case transferred to adult court?

Juvenile cases are sometimes transferred to adult courts if the case under hearing had created complications and misunderstanding. Moreover, the adult court qualifies to handle such cases if the crime committed is also proved to be serious. Lastly, the transfer of a juvenile case to an adult court can occur through a judicial waiver.
10. How did the concept of parents’ patriae affect children?

Children who were taken away from their parents had some difficulties staying far from their parents. They lacked parental care even though they were being provided with basic needs. Generally, though, the children benefited from the offers provided by the government through foster parents.
11. What did the Supreme Court rule in the Gault decision?

Gault was a 15-year-old who was co-accused with his friend for snatching a wallet from a woman in the neighborhood. The accuser failed to show up in court and the case was then moved to the Supreme Court, which agreed to make a ruling based on the due process of juvenile laws.

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12. Under what conditions can a juvenile be tried in criminal court?

Juvenile cases can be tried in criminal courts if serious crimes have been conducted. The process of transferring these cases is referred to as waiver. Cases which have caused complications in the juvenile in the past can also be moved to criminal courts. During such circumstances, the ruling is made with respect to adult correctional procedures.
13. What are the various dispositional alternatives generally available to a juvenile court judge?

Judges can use the boot camp alternative which consists of vigorous training which is offered by marine officials. Moreover, the community release program allows youths to work within their areas of residence. Besides, the wilderness program, which helps to re-acquaint the victims to society, can be initiated by private-sector entities.
14. How does a group home differ from a training school?

Group home is a move by the government to provide trained persons to children either within or outside their homesteads. Such children may be disabled or their parents may be unable to provide for them fully. On the other hand, training schools provide children with the opportunity to study several disciplines and to get training in a number of duties that match their interests. However, these training schools have been accused of providing skills that may not necessarily help children in their rehabilitation process.
15. What are the characteristics of a day treatment program?

Day treatment is also referred to as fractional hospitalization. This program has aided the treatment of personality disorders among prisoners. This program of day treatment has ensured the well-being and responsible patients who independently attend to their duties. It is also characterized by the freedom to the expression of abilities within the patients in prisons.
16. What are the responsibilities of a youth authority?

A youth authority department is responsible for planning and giving directions on training and treatment programs. They ensure that criminals are adequately supported. The department also ensures that the criminals achieve maximum levels of education, security and proper religious knowledge.
17. Explain how the differences between the adult criminal court and the juvenile court extend to the terminology used.

Adult criminal courts deal with more serious offenses such as crimes of murder among others as dictated by law. The terminology used in adult court exhibits a higher level of strictness compared to that of the juvenile court. Moreover, victims within adult courts are subjected to harsher sentences than their counterparts in juvenile courts.
18. Why are probation officers more important in juvenile court than in criminal court?

In juvenile court, criminal victims appear before the judge for hearings more frequently compared to criminal court. Rehabilitation activities in juvenile courts require regular and close supervision hence the importance of the probation officer. Close supervision helps the children to get back to the right track.
19. What are the responsibilities of an intake probation officer in juvenile court?
An officer is entitled in order to analyze and determine the necessary measures under which a criminal is subjected. During such decisions, the officer takes into account a number of factors before making disciplinary measures. Such factors include family conditions and mental health. The officer also gives assistance to the law enforcement department in terms of transporting criminals to courts, updating records and setting juveniles free.

20. What is meant by informal probation in juvenile court?

Informal probation is a lawful way of correcting criminal deeds and is in most situations used to prevent the formal court from intervening. A clear-cut definition or meaning is yet to be developedas opinions of jurisdiction vary from court to another. Conditions for probation rely on the nature of offense one is accused of.
21. Why is the role of the defense attorney in juvenile court ambivalent?

The role of a defense attorney in the juvenile raises different feelings because of the powers to nullify the rulings made against a child. The defense attorney must have proper knowledge about adolescence and communication behaviors which are important during the hearing process.
22. Why does a juvenile court that takes a punitive approach have no basis in American history or in logic?

The punitive approaches being used on children under the age of 18 years today are very harsh. The maximum full force is imposed on the children creating tough requirements that children can hardly meet.
23. Why would a guardian ad litem be appointed in juvenile court?

A guardian helps to express the feelings and needs of children that may not be clear to judges during the hearing. Therefore, he/she acts as a neutral party between the child in court and the judge to facilitate clear communication.
24. In the juvenile court, how does informal probation differ from official probation?

Informal probation has no probation officer hence no supervision. A victim is forced to finish his or her probation term before he is released. Formal probation entailsprobation officers’involvement in supervising the progress of the probationer. The two meet at regular intervals to address issues regarding the crime committed.
25. What are the purposes of an adjudicatory hearing and a predisposition report in juvenile court?

An adjudicatory hearing is a trial technique in which a court makes ruling on the results of allegations made in a petition. Here, judges make trials on actual juvenile cases. The judges can also allocate more time to both parties to acquire advocates to ensure a rational ruling. All allegations should be confirmed as valid before guilt is determined. Witnesses are examined by the judges and given an opportunity to testify against the accused.