Exam Questions and CORRECT Answers
Juvenile - CORRECT ANSWER - not yet reached the age at which one is treated as an
adult by the criminal justice system (17 and younger)
Delinquent - CORRECT ANSWER - youth that commits an act that would be a crime if
committed by an adult
Status Offenders (PINS, CHINS) - CORRECT ANSWER - youth that commits an act
prohibited by law but it would not be considered a crime if committed by an adult (Person in
need of services)
o curfew violations, truancy, alcohol related, running away
Roman Law - CORRECT ANSWER - Children enjoyed immunity from criminal
prosecution until the age 7
English Common Law - CORRECT ANSWER - o Children who were less than age 7 were
assumed to be incapable of criminal responsibility
o 7-14 they could be punished but only if you knew and understood the consequences of your act
o older than 14 were regarded as adults
o US is based on this
House of Refuge - CORRECT ANSWER - 1825 by NY legislature - established for
juvenile delinquents
Birth of Juvenile Court System (1899) - CORRECT ANSWER - o Founded in Illinois -
focus was to try and rehab delinquent youth
Parens Patriae - CORRECT ANSWER - State assumes responsibility and serves as the
parent
, Kent vs. US (1966) - CORRECT ANSWER - Juveniles are entitled to 1. A hearing and 2.
Entitled to access by council to records involved in waiver and 3. A written statement from judge
explaining reasons for the waiver
o Waiver sends your case from juvenile court to adult court
In re Gault (1967) - CORRECT ANSWER - Juveniles are entitled to 1. A notice of charges
2. Entitled to have council (defense attorney) 3. Right to confront and cross examine any
witnesses and 4. Privilege against self incrimination
o Credited as the case that made juvenile court look more like adult court
In re Winship (1970) - CORRECT ANSWER - o Changed level of proof to beyond a
reasonable doubt
o It used to be preponderance (over 51%)
McKeiver vs. Pennsylvania - CORRECT ANSWER - o Juveniles are not entitled to a jury
trial
Roper vs. Simmons (2005) - CORRECT ANSWER - 5-4 supreme court decision -
overturned death penalty and made it unconstitutional for juveniles
Graham vs. Florida (2010) - CORRECT ANSWER - Juveniles cannot be sentenced to life
without parole (LWOP) for non-homicide offenses
Miller vs. Alabama (2012) - CORRECT ANSWER - Life with prison without parole is
unconstitutional for all juvenile defendants
o LWOP doesn't take into account the hallmarks of youth - immaturity, failure to appreciate
consequences of actions
o Life in prison WITH possibility of parole is still okay and is the harshest there is