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Chapter 2 Delinquency Overview

Chapter 2 Delinquency Overview. Delinquency Overview. Delinquency is the juvenile equivalent of adult criminality. Criminal versus Juvenile Terminology. Criminal = Delinquent Crime = Delinquent act Arrested = Taken into custody Trial = Hearing Found guilty = Adjudicated delinquent.

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Chapter 2 Delinquency Overview

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  1. Chapter 2 Delinquency Overview

  2. Delinquency Overview • Delinquency is the juvenile equivalent of adult criminality

  3. Criminal versus Juvenile Terminology • Criminal = Delinquent • Crime = Delinquent act • Arrested = Taken into custody • Trial = Hearing • Found guilty = Adjudicated delinquent

  4. Criminal versus Juvenile Terminology (continued) • Sentence = Disposition • Indictment = Petition • Jailed = Held in detention

  5. Definitions • In most states, a delinquent act occurs when a juvenile commits an act that would have been a crime if an adult had committed it • In some states, delinquent acts are defined the same as crimes

  6. Philosophies of Juvenile Law • Parens patriae is the underlying philosophy of juvenile law • Rehabilitation is the goal • Best interest of the child is the standard

  7. Juvenile Status Offenders • Court has jurisdiction over juvenile status offenders (JSO) • JSO statutes allow courts to take action against juveniles for acts that are legal for adults

  8. Status Offenses versus Delinquency • Initiation is the same • Hearing is the same • Potential loss of liberty exists in both actions • Vagueness arguments fail because status offenses are not criminal

  9. Due Process in Delinquency Actions • Procedural due process involves mechanics of hearings • Substantive due process involves content of defendants’ legal rights • Kent, Gault, and Winship shaped juvenile due process law

  10. Kent v. United States • Held that the due process clause applied to juveniles • Limited juvenile courts’ discretion • Afforded due process to juveniles

  11. Gault • Held that due process guarantees juveniles the right to an attorney and the privilege against self-incrimination

  12. Winship • Held that the state must prove the juvenile’s guilt beyond a reasonable doubt

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