Early Institutions
What is a House of Refuge?
This type of institution, first established in the early 19th century, was America’s first specialized correctional facility for youths.
What is In re Gault?
This 1967 Supreme Court case granted juveniles the right to due process, including the right to an attorney and the right to confront witnesses.
What are status offenses?
These are actions that are considered offenses only when committed by minors, such as truancy or curfew violations.
What is a juvenile hall or detention center?
This facility is used for the temporary holding of juvenile offenders and serves multiple purposes including safety, court appearance assurance, and sometimes rehabilitation assessment.
What is parens patriae?
This legal doctrine, meaning “the state as parent,” justified state intervention in the lives of children when their parents were unable or unwilling to protect them, and was endorsed by the court in Ex parte Crouse.
What is In re Winship (1970)? (Hint: Standard of proof)
This case ruled that juveniles have the right to a standard of proof "beyond a reasonable doubt" in delinquency proceedings.
What is the informal juvenile justice process?
This term describes the handling of juvenile behavior through non-judicial means, often involving community members like neighbors or teachers.
What is a diversion program?
This type of program avoids traditional juvenile justice processes, aiming to resolve minor offenses outside of court, often involving community service or educational workshops.
What is "placing out"?
This practice involved placing children on farms in the Midwest and West to remove them from the negative influences of urban environments.
What is Kent vs. United States? (Hint: Due process protections)
The Supreme Court held in this 1966 case that due process protections are necessary when juveniles are transferred to adult courts.
What is an adjudication hearing?
This type of juvenile court hearing determines if the juvenile should be considered delinquent or in need of supervision, similar to a trial in adult court.
What are day treatment programs?
These programs are designed as community-based alternatives to incarceration, focusing on life skills and rehabilitation while the juveniles continue to live at home
What are reform schools, industrial schools, or training schools?
These facilities were introduced in the late 1800s as a response to the failing Houses of Refuge, focusing on custody but also providing some educational and vocational training.
What is McKeiver vs. Pennsylvania? (Hint: Jury Trial)
This 1971 Supreme Court decision determined that juveniles do not have the constitutional right to a jury trial.
What is a transfer hearing?
During this hearing, also known as a fitness or waiver hearing, a decision is made whether a juvenile case should be transferred to adult criminal court.
What is Teen Court?
This juvenile justice approach involves offenders appearing before a jury of their peers, which can decide on appropriate measures such as apologies or community service instead of formal sentencing.
What is the binding-out system?
This system, used prior to the establishment of juvenile institutions, involved children being "bound over" to masters who were not required to teach them a trade.
What is Graham vs. Florida (2010)? (Hint: Sentencing restrictions)
This Supreme Court case, although not directly altering juvenile court procedures, indirectly influenced the juvenile justice system by forbidding life without parole for juveniles convicted of crimes other than homicide.
What is a disposition hearing?
In juvenile court, this type of hearing involves the court determining the most appropriate way to treat a juvenile following an adjudication of delinquency, akin to sentencing in adult courts.
What is a restorative justice conference?
This type of meeting involves offenders, victims, and community members discussing the impact of the juvenile's actions and deciding on restitution, aiming to heal and reintegrate rather than punish.