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Juvenile Delinquency 2Nd Mallett Test Bank

Page 1


Test Bank for Juvenile Delinquency 2nd

ISBN: 9781071979846

Juvenile Delinquency (2nd)

ISBN 9781071979846 | Chapter 1: The Functioning of the Juvenile Justice System

Total Questions: 60

Easy

Multiple Choice (12)

Q1. [Multiple Choice]

A(n) ______ petition is a petition filed by the prosecutor requesting an adjudicatory hearing.

a) consent

b) diversion

c) delinquency ✓ correct

d) intervention

Q2. [Multiple Choice]

Enacted in 1974, the ______ was the first comprehensive federal law for the prevention of delinquency.

a) Juvenile Prevention Act

b) Juvenile Justice and Delinquency Prevention Act ✓ correct

c) Federal Juvenile Prevention Act

d) Federal Children’s Act

Q3. [Multiple Choice]

In federal court, to be waived to adult court the youth must be at least ______ years old.

a) 14

b) 15 ✓ correct

c) 16

d) 17

Q4. [Multiple Choice]

In most states, a juvenile is defined as a person who is younger than age ______.

a) 16

b) 17

c) 18 ✓ correct

d) 21

Q5. [Multiple Choice]

In which court case did the U.S. Supreme Court rule that detention of a juvenile before being adjudicated was constitutional?

a) Miranda v. Arizona

b) Schall v. Martin ✓ correct

c) J.D.B. v. North Carolina

d) N.C. v. Commonwealth

Q6. [Multiple Choice]

Legal ______ requires that a defendant understand the charges brought against them, the seriousness of the charges, and the possible penalties.

a) adjudication

b) competency ✓ correct

c) sanity

d) court standing

Q7. [Multiple Choice]

Once a juvenile is adjudicated delinquent, a ______ prepares a disposition plan.

a) judge

b) prosecutor

c) probation officer ✓ correct

d) social worker

Q8. [Multiple Choice]

The Office of Juvenile Justice and Delinquency Prevention is part of the U.S. ______.

a) Supreme Court

b) Department of Health and Welfare

c) Department of Justice ✓ correct

d) Department of Human Services

Q9. [Multiple Choice]

When a youth is under the original jurisdiction of both the juvenile and criminal courts, who is given the authority to decide which court will initially handle the case?

a) defense attorney

b) judge

c) intake officer

d) prosecutor ✓ correct

Q10. [Multiple Choice]

When the temporary detention of a juvenile is required, police are limited by federal regulations to detain the youth in a secure environment for no more than ______ hours.

a) 3

b) 6 ✓ correct

c) 12

d) 24

Q11. [Multiple Choice]

Which of the following is the doctrine of “parent of the nation?”

a) in absentia

b) parens patriae ✓ correct

c) ad coelum

d) in loco parentis

Q12. [Multiple Choice]

Which philosophy on juvenile justice provides for a balance between public safety, individual accountability to the victim and community, and the development of skills to help juveniles become productive citizens?

a) due process

b) Standard Juvenile Court Act

c) Balanced and Restorative Justice (BARJ) ✓ correct

d) Legislative Guide for Drafting Family and Juvenile Court Acts

True/False (8)

Q13. [True/False]

In most states, juvenile offenders do not have the right to bail while awaiting a hearing.

a) True ✓ correct

b) False

Correct answer: True

Q14. [True/False]

More than 95% of all convictions in both adult and juvenile courts are the result of plea bargaining.

a) True ✓ correct

b) False

Correct answer: True

Q15. [True/False]

Most states require the presence of a parent or a guardian during the questioning of a juvenile by law enforcement.

a) True

b) False ✓ correct

Correct answer: False

Q16. [True/False]

Most states specify the lower age for juvenile justice jurisdiction for delinquency cases.

a) True

b) False ✓ correct

Correct answer: False

Q17. [True/False]

The Children’s Bureau is responsible for the publication ofChild Welfare,an annual count of child and abuse reports.

a) True

b) False ✓ correct

Correct answer: False

Q18. [True/False]

The most common type of waiver of a juvenile to adult court is the prosecutorial waiver.

a) True

b) False ✓ correct

Correct answer: False

Q19. [True/False]

The term used to classify a status offender varies by state.

a) True ✓ correct

b) False

Correct answer: True

Q20. [True/False]

There are juvenile justice courts in every state in the United States.

a) True ✓ correct

b) False

Correct answer: True

Multiple Choice (24)

Q21. [Multiple Choice]

A 13 year old is arrested for shoplifting. During questioning, their mother insists they tell the truth and admit their guilt. This situation could increase the possibility of a ______.

a) false confession ✓ correct

b) conviction

c) plea bargain

d) Miranda violation

Q22. [Multiple Choice]

A 16 year old is arrested for staying out past curfew. This act is classified as a ______.

a) felony

b) criminal offense

c) status offense ✓ correct

d) misdemeanor

Q23. [Multiple Choice]

A 16 year old is interrogated by detectives for four hours without a lawyer or guardian present. Under pressure, he admits to a crime he did not commit. This scenario highlights one of the leading causes of wrongful convictions among juveniles, which is ______.

a) false confessions ✓ correct

b) coerced waivers of legal rights

c) judicial bias

d) overuse of plea bargains

Q24. [Multiple Choice]

A 17 year old is charged with robbery. In exchange for pleading guilty to a lesser offense of theft, they receive a shorter sentence and avoid a trial. This is an example of a(n) ______.

a) consent decree

b) plea bargain ✓ correct

c) adjudication

d) judicial waiver

Q25. [Multiple Choice]

A school resource officer detains a student in the principal’s office after an altercation. The student believes they cannot leave. According to legal standards, this student is considered to be ______.

a) illegally detained

b) in custody ✓ correct

c) under arrest

d) required to answer questions

Q26. [Multiple Choice]

After a 15 year old is arrested for burglary, a decision must be made about whether to detain them in a secure juvenile facility or release them to their parents. Who is responsible for making this decision?

a) arresting police officer

b) juvenile court judge

c) intake officer ✓ correct

d) youth’s parents

Q27. [Multiple Choice]

After a parent is arrested for neglect, the state takes custody of a child and makes decisions regarding their care, acting as the child’s legal guardian. This legal doctrine is referred to as ______.

a) in absentia

b) parens patriae ✓ correct

c) ad coelum

d) in loco parentis

Q28. [Multiple Choice]

At which of the following stages may the court order an evaluation of a juvenile’s competency?

a) only during intake

b) at any point during the pretrial hearings

c) at any point prior to adjudication

d) at any point in the proceedings ✓ correct

Q29. [Multiple Choice]

During formal diversion by law enforcement, juveniles are typically ______.

a) enrolled in community programs without their consent

b) forced to pay a fine or risk going to jail

c) assigned a probation officer ✓ correct

d) referred to juvenile court

Q30. [Multiple Choice]

Either the prosecutor’s office or the ______ usually handles an intake screening of a youth following referral to juvenile court.

a) probation department ✓ correct

b) police department

c) public defender’s office

d) juvenile court clerk’s department

Q31. [Multiple Choice]

For juveniles, the first contact with the juvenile justice system most likely occurs when they are confronted by a ______.

a) probation officer

b) case worker

c) law enforcement officer ✓ correct

d) juvenile court judge

Q32. [Multiple Choice]

InSmith v. Daily Mail, the U.S. Supreme Court said that the press is entitled to publish the ______ as long as it is legally obtained.

a) age of an accused juvenile

b) name of an accused juvenile ✓ correct

c) address of an accused juvenile

d) crimes an accused juvenile committed

Q33. [Multiple Choice]

Jason, a 16 year old, is caught drinking beer at a public park. Jason's action is categorized as a ______.

a) crime

b) delinquent act

c) status offense ✓ correct

d) civil violation

Q34. [Multiple Choice]

Two U.S. Supreme Court cases in the 1970s,Oklahoma Publishing Company v. District Court in and for Oklahoma CityandSmith v. Daily Mail,resulted in ______.

a) limitations on the age that juveniles can be fingerprinted

b) laws that prohibited the press from attending juvenile family court proceedings

c) the modification of state confidentiality provisions, making juvenile justice proceedings more open ✓ correct

d) laws that required the press to omit the names of juveniles from news reports

Q35. [Multiple Choice]

What is the primary goal of diverting juveniles who have offended for the first time into rehabilitative programs?

a) to impose a permanent record to deter future crimes

b) to reduce the likelihood of reoffending ✓ correct

c) to ensure the youth is charged as an adult

d) to punish the youth more severely than an adult

Q36. [Multiple Choice]

Which is an example of delinquency?

a) selling methamphetamine ✓ correct

b) alcohol possession

c) truancy

d) running away from home

Q37. [Multiple Choice]

Which of the following is a fail safe mechanism against statutory waivers?

a) appellate courts

b) judicial waivers

c) consent decrees

d) reverse waivers ✓ correct

Q38. [Multiple Choice]

Which of the following is a legal factor that may be taken into account in the juvenile justice system?

a) the juvenile’s history of drug and alcohol use

b) the seriousness of the alleged offense ✓ correct

c) information about the juvenile’s family

d) the juvenile’s school and work records

Q39. [Multiple Choice]

Which of the following is an available disposition option in a juvenile proceeding?

a) plea bargain

b) waiver to adult court

c) referring to a prosecutor’s office

d) attending a counseling program ✓ correct

Q40. [Multiple Choice]

Which of the following is an extralegal factor that might be considered in the juvenile justice system?

a) history of alcohol use ✓ correct

b) juvenile justice system involvement

c) history of delinquency

d) seriousness of an alleged offense

Q41. [Multiple Choice]

Which of the following typically receives the initial reports of suspected child abuse and neglect and screens them for further investigation?

a) child protective services (CPS) ✓ correct

b) Children’s Bureau

c) juvenile courts

d) intake offices

Q42. [Multiple Choice]

While walking home from school, a 16 year old breaks into an abandoned store and steals electronics. In juvenile court, this is known as ______.

a) a crime

b) delinquency ✓ correct

c) a status offense

d) a felony

Q43. [Multiple Choice]

Why are many informally handled cases in juvenile court often dismissed?

a) victims refusing to press charges

b) parental intervention

c) lack of evidence ✓ correct

d) overuse of plea bargains

Q44. [Multiple Choice]

You are a police officer who apprehends a juvenile. Which of the following is the least restrictive alternative to referring the youth to juvenile court?

a) questioning and warning the youth ✓ correct

b) referring the youth to civil court

c) detaining the youth for 24 hours

d) waiving the youth to adult court

True/False (5)

Q45. [True/False]

An investigation of child maltreatment must consider all forms of harm.

a) True ✓ correct

b) False

Correct answer: True

Q46. [True/False]

In most cases, juveniles who are determined to have broken a federal criminal law are turned over to state or local agencies for prosecution.

a) True ✓ correct

b) False

Correct answer: True

Q47. [True/False]

Juveniles cannot waive their Miranda rights.

a) True

b) False ✓ correct

Correct answer: False

Q48. [True/False]

Research suggests that juveniles are significantly more likely than adults to confess to crimes they did not commit.

a) True ✓ correct

b) False

Correct answer: True

Q49. [True/False]

Supreme Court justices have long emphasized the importance of treating juveniles differently than adults during interrogations.

a) True ✓ correct

b) False

Correct answer: True

Essay (5)

Q50. [Essay]

According to the Juvenile Justice and Delinquency Prevention Act, how can states improve their approaches to prevent delinquency? In your opinion, which is the most important? Support your answer.

Suggested answer: Sample response: According to the OJJDP, states should improve legal representation for juveniles, inform and assist juveniles of the opportunity for record expungement and sealing, addressing the differential needs of girls in or at risk of entering the juvenile justice system, and monitoring and training on compliance with the core requirements of OJJDP. The OJJDP also reports that many states need to make progress addressing the disproportionately higher involvements of juveniles from marginalized communities. In my opinion, the racial and ethnic disparities and disproportionate minority contact are the most important improvements that states need to make to prevent delinquency. Although almost all states are able to comply with the first three requirements of the OJJDP, many are still falling short of their goals addressing racial and ethnic disparity.

Q51. [Essay]

Discuss the concept of confidentiality in the juvenile justice system. How has the concept of confidentiality changed over time?

Suggested answer: Sample response: Confidentiality in the juvenile justice system typically prohibits the public, and often the press, from attending juvenile court proceedings to protect the privacy of the youths involved. It also allows for cases to be permanently sealed or expunged, thus protecting the young person’s record from any future scrutiny The concept of confidentiality has undergone a loosening in recent years. Where once confidentiality was closely guarded, states and the federal system have been more permissive in releasing details of juvenile justice proceedings. In 1977, the USSC ruled that it was unconstitutional to prohibit the publication of the legally obtained name and photograph of a young person involved in a juvenile justice proceeding. Similarly, in 1979, the court ruled that the state cannot punish the press for publishing the name of a juvenile accused of delinquency if legally obtained. In the 1980s, most states removed the confidentiality provisions and made juvenile justice proceedings more open. By 2011, only 13 states held closed juvenile justice proceedings. Most states do, however, have provisions about sealing and/or expunging records of juveniles, but most states also have provisions for unsealing such records, too.

Q52. [Essay]

Discuss the three ways in which waivers to adult court usually occur. Which is the most common and why?

Suggested answer: Sample response: There are three ways in which waivers for juveniles to adult court typically occur. First, for serious violent offenses, such as capital crime or murder, statutory law automatically puts the juvenile in the jurisdiction of the criminal justice system and results in an automatic waiver of the juvenile to the adult court. This waiver is also known as a legislative waiver, mandatory waiver, or statutory exclusion. Second, the prosecutorial waiver or direct file holds that certain offenses are recognized as having concurrent jurisdiction which means they are in the jurisdiction of both the juvenile justice system and the criminal justice system. In this circumstance, prosecutors then have the discretion to decide whether to transfer such cases to the criminal justice system. The third waiver is the most common and is the judicial waiver. The judicial waiver gives the judge discretion to determine whether to transfer a case to the criminal justice system. The judicial waiver is the most common partially because it is available in almost all states, whereas the other waivers are only available in a few states.

Q53. [Essay]

Explain the concept of diversion in the juvenile justice system. What are the advantages of diversion?

Suggested answer: Sample response: Diversion refers to handling a person’s case informally outside the juvenile court. This can occur at any point in the juvenile justice system, from apprehension to post-adjudication. Depending upon the particular situation, it may be more beneficial for all stakeholders if the youth is diverted from the juvenile court system to be referred to support services that may better provide for their psychosocial and behavioral needs. Such support services include help regarding substance use disorder, mental health, and mentoring. Diversion may also help to avoid stigmas that could exacerbate antisocial behaviors.

Q54. [Essay]

Explain the process by which a complaint concerning child maltreatment by a parent is handled by the child welfare system.

Suggested answer: Sample response: While the child welfare system is not a formal part of the juvenile court system, depending upon the situation, it may play a crucial role within that system to the benefit of the youth. During investigation of the family for neglect or abuse of the youth, the child may be removed from the home while being referred to any necessary support services. The case is referred to the local juvenile court, and the court’s handling and determining of the case is supervised by the child protective services agency. The protective services of the child welfare system seeks to ensure the welfare of the child by promoting a healthy and safe home atmosphere. The 1974 Child Abuse and Prevention Act (CAPTA) defines child maltreatment as severe physical or psychological harm to children, including sexual or emotional, caused by primary caregivers, whether parents, babysitters, or extended relatives. State policies vary, but federal laws always apply the funding and guidelines necessary as implemented by the Children’s Bureau, U.S. Department of Health and Human Services (HHS), for welfare programs at the local and state level. When there are reports of child abuse, Child Protective Services (CPS) will intervene to set corrective procedures and services in motion.

Hard

Multiple Choice (4)

Q55. [Multiple Choice]

A 14 year old is caught vandalizing school property. Instead of being processed through the juvenile justice system, the youth is required to complete a community service program and attend counseling. This is an example of ______.

a) diversion ✓ correct

b) a waiver

c) a disposition

d) in loco parentis

Q56. [Multiple Choice]

A 15 year old is found to have committed shoplifting. The judge issues a decision that requires the juvenile to participate in a rehabilitation program rather than be punished. This decision is called a ______.

a) framework

b) adjudication

c) remediation

d) disposition ✓ correct

Q57. [Multiple Choice]

A police officer is about to interrogate a 12 year old who has been accused of shoplifting. The child appears confused by the legal terms used in the traditional Miranda warning. Which would be the best course of action if the officer wants this child’s testimony to be admissible evidence?

a) Skip the Miranda warning.

b) Call the youth’s parent or guardian so that they can waive the youth’s rights.

c) Wait to the question the youth until receiving approval from the police chief.

d) Read a simplified version of the Miranda warning and ensure that the youth understands the legal terms. ✓ correct

Q58. [Multiple Choice]

Officer Lewis stops 15 year old Mia outside a convenience store and begins questioning her about a suspected shoplifting incident without informing her of her rights. This is a violation of the ______.

a) Federal Juvenile Delinquency Act

b) consent decree

c) Miranda decision ✓ correct

d) Juvenile Justice and Delinquency Prevention Act

True/False (2)

Q59. [True/False]

A 15 year old is caught shoplifting. Instead of being formally charged and processed through the juvenile court, they are required to complete a theft prevention program and community service. This process is an example of diversion.

a) True ✓ correct

b) False

Correct answer: True

Q60. [True/False]

A high school student is brought to the principal’s office after being accused of stealing a classmate’s phone. While being questioned by the principal, a school resource officer listens in and asks follow up questions. Because the officer is involved, the student is legally entitled to receive a Miranda warning before answering any questions.

a) True ✓ correct

b) False

Correct answer: True

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