True/False
Indicate whether the
statement is true or false.
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1.
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Probable cause is a higher
standard of proof than is required to prove guilt at a criminal trial.
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2.
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All juvenile defendants have
the right to the effective assistance of counsel at all phases of the delinquency hearing and the
waiver hearing.
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3.
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Defendants at waiver
hearings have the burden of proof to demonstrate to the court that they are amenable to and
appropriate for the application of treatment, care, supervision and
rehabilitation.
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4.
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If the court decides to
transfer a juvenile to adult court, it may do so without explanation.
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5.
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Young offenders who are
facing charges in criminal court often petition or move the criminal court to grant them youthful
offender status.
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6.
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Youthful offender status
allows the criminal court judge to dispense a blended sentence incorporating juvenile and adult
elements.
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7.
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Due process is suspended in
youthful offender hearings.
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Multiple Choice
Identify the
choice that best completes the statement or answers the question.
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8.
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A primary difference between
adult courts and juvenile courts is that
a. | Juvenile courts can offer
rehabilitative services to a defendant when appropriate | b. | Juvenile courts consider only the best interests of the
juveniles | c. | Adult courts always have juries | d. | Juvenile courts always have
juries |
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9.
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Over the course of the late
twentieth and early twenty-first century, attitudes have changed toward juvenile delinquents, in that
courts have grown
a. | Less punitive and more
rehabilitative | b. | More punitive and less rehabilitative | c. | More concerned with public
perceptions | d. | More concerned with following
protocols |
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10.
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The number of juveniles
transferred to adult court has
a. | Remained the
same | b. | Increased | c. | Decreased | d. | Not followed any identifiable
pattern |
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11.
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Due process
considerations
a. | Are essentially the same for a
transfer hearing as a delinquency hearing | b. | Are significantly stronger in a transfer hearing than a
delinquency hearing | c. | Are significantly weaker in a transfer hearing than in a delinquency
hearing | d. | Do not apply to a transfer
hearing |
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12.
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There is no right to a jury
in delinquency or transfer hearings because
a. | Delinquency and transfer hearings
are meant to be short and informal | b. | Juries violate juveniles’ right to
privacy | c. | Juvenile hearings are not real hearings | d. | Juries are only required in penal
actions |
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13.
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Juveniles have the right to
receive transcripts of their hearings at the state’s expense
a. | Only in exceptional
circumstances | b. | If they are indigent | c. | If they are American
citizens | d. | In all cases |
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14.
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Among the factors favoring
transfer are
a. | The victim suffered serious
harm | b. | The victim was particularly vulnerable | c. | The juvenile used a
firearm | d. | All of the above |
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15.
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Among the factors against
transfer are
a. | The juvenile acted under
provocation | b. | The juvenile was not the principal
offender | c. | The juvenile did not cause significant
harm | d. | All of the above |
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Essay
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16.
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Name the classes of transfer
statutes.
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17.
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Name the two parts of a
transfer hearing.
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18.
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What is the purpose of the
probable cause phase of the hearing?
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19.
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What is the purpose of the
amenability phase of the transfer hearing?
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20.
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What does “burden of
persuasion” mean?
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21.
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What is a bill of
particulars?
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22.
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What is a “youthful
offender”?
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23.
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What are the four classes of
youthful offender statutes currently in use in the United States?
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