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Categories of Children
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Delinquent - Children who violate the criminal law, and if adults would be charged with the offense.
Adjudicated delinquent - Judge found or declared a juvenile to be legally a deliquent. Undisciplined - Children said to be beyond parental control and therefore in need of state protection |
Terms and definitions
Dependent Neglected Abused |
Dependent- children typically have no parents to care for them or have been abandoned.
Neglected- children who do not recieve proper care from parents or guardians. Abused- children who suffer physical abuse at the hands of their custodians also expanded to include emotional and sexual abuse. |
Child abuse
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Children who are abused or neglected are more likely to be arrested as juvenlies, as adults, and for violent crime.
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Status offenders
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Special category which embraces laws written only for children
Example: Curfew, Truancy, Runaway |
Parens Patriae
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Common law principle which allows state to take custody of a child when s/he becomes a deliquent, is abandoned or is in need of care.
Originally the king was considered the Father of the country and thus had paretnal rights over all his citizens. |
Charles Brace
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Was a contributing philanthropist in the social reform field. He is considered a father of the modern foster care movement and stated the Orphan Train movement in the mid- 19th century and also found The Children’s Aid Society.
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John Augustus
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Was a Boston boot maker who is called the “Father of Probation” in the United States because he campaigned for more lenient sentences for convicted criminals based on their backgrounds. Augustus effects helped establish the Presentence investigation.
Juvenile Probation |
The Child Savers
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Is a group of influential women who managed to enlist the aid of bar associations, state legislators and progressive judges. They tried to separate youth from adult offenders.
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Jane Addams
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Was a famous social activist who was a part of the “child savers” and played in an important role in training the first juvenile court judges and other personnel and was the first women to be award the Nobel Peace Prize.
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When is the aging out process and what does it look like?
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Moves in a bell curve betweeen the ages of 14-17 and most of the offenses being committed during this time frame.
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Waiver
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Is where the juvenile court relinquiches its jurisdiction and allows a case to be transferred to adult court provisions.
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Types of waivers
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Judicial waiver – is conducted in front of a judge who decides whether or not the youth should be tried as an adult.
Legislative waiver – is established by law. State legislators have passed laws whereby serious or persistent juvenile offenders can be tried in adult court without asking permission of juvenile courts. Prosecutorial waiver – gives the prosecutor the authority to files known as a direct file or direct transfer. The Standards for all types of waivers or transfers are set by state law. |
During the Middle Ages and into the early colonial period, the young were primarily seen as what?
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The young were primarily seen as laborers and more and more children joined the labor force and their labor became vitally important in a harsh, low wage economy.
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The problems that plagued many of the early institutions for children were:
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1. Those who fund the programs are popularly elected people who, too often, want to show they are “tough on crime” regardless of evidence of program effectiveness.
2. It is only recently that program funding had included stipulations that require formal and scientifically valid evaluations. 3. Most juvenile courts and related organizations are under-funded and over-burdened. |
Re Gault case
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This case involved 15 year old gerald gault who was sentenced to 6 years in a youth correctional facility for making an obscene phone call. Page 240.
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