10.8. Getting Tough: Initiatives for Punishment and Accountability

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Questions

Question 1

What major shift occurred in the 1980s regarding the way state and federal laws addressed juvenile law?

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Question 2

What concept, prominent in the mid-1990s, described youth as being 'so impulsively violent, remorseless, and have no respect for human life'?

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Question 3

What motto was central to the accountability initiatives and get-tough campaigns of the mid-1990s?

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Question 4

Which of the following is NOT mentioned in the text as a mechanism for transferring a juvenile to adult criminal court?

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Question 5

What is another term for prosecutorial waiver, as mentioned in the text?

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Question 6

What is the primary function of a legislative waiver, also known as a statutory waiver?

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Question 7

What is a key procedural feature of the prosecutorial waiver process as described in the text?

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Question 8

What is a primary purpose of utilizing a legislative waiver?

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Question 9

What specific authority does a judicial waiver grant to a juvenile court judge?

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Question 10

In a discretionary (or regular) judicial waiver, with whom does the burden of proof rest?

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Question 11

What is the defining characteristic of a presumptive judicial waiver?

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Question 12

Under what circumstances does a mandatory judicial waiver occur?

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Question 13

The 'Raise the Age' legislation passed in New York in 2017 mandated that 16 and 17-year-olds would no longer be automatically charged as adults. To what age did the law raise this threshold on October 18, 2019?

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Question 14

The case of Kalief Browder, who was held for three years at Rikers Island after being charged with stealing a backpack, prompted New York to ban what practice for inmates under the age of 18?

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Question 15

For how long was Kalief Browder held in solitary confinement during his three-year stay at Rikers Island?

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Question 16

According to the text accompanying the map 'Juvenile Age of Jurisdiction and Transfer to Adult Court Laws,' how many states draw the juvenile/adult line at age 16?

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Question 17

The text accompanying the transfer laws map indicates that in the majority of states, what is the maximum age of juvenile court jurisdiction?

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Question 18

As a result of 'get tough' initiatives, at least how many states lowered the age of majority to 15, 16, and 17, allowing for automatic trial in adult courts for youth of those ages?

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Question 19

What was the primary focus of research by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) during the 1980s?

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Question 20

During the 'get tough' era, how did the prevailing narrative about youth offenders change?

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Question 21

What is another term used in the text for a legislative waiver?

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Question 22

What are the typical threshold criteria, as outlined in the text following the discussion of Kent v. United States, that must be met before a court can consider a discretionary judicial waiver?

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Question 23

What is the primary role of a judge in a mandatory waiver proceeding?

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Question 24

Which two states were identified in the text as the last in the nation to amend their laws and stop automatically charging 16 and 17-year-olds as adults?

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Question 25

What tragic event occurred just two years after Kalief Browder's release from Rikers Island?

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Question 26

According to the research cited in the text, solitary confinement for juveniles is linked to what kind of problems?

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Question 27

Which of the following states is NOT listed in the text as one of the five states that draw the juvenile/adult line at age 16?

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Question 28

The text states that transfer provisions, which were originally intended for the 'worst of the worst offenders,' had what unintended consequence?

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Question 29

What is another term for the discretionary judicial waiver?

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Question 30

To avoid being transferred to adult court under a presumptive waiver, what must a youth do?

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Question 31

What is the defining characteristic of a prosecutorial waiver regarding the filing of charges?

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Question 32

What specific violent felony offenses are mentioned in the text as examples that are often automatically sent to adult criminal court under legislative waivers?

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Question 33

What is the primary purpose of a mandatory waiver in transfer proceedings?

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Question 34

The 'Raise the Age' legislation in New York was described as a massive win for what group?

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Question 35

In addition to the harmful effects identified by research, what other reason is given in the text for why most states do not allow the use of solitary confinement in juvenile facilities?

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Question 36

According to the text, approximately how many youth are tried as adults each year and may be sentenced to time in regular adult prisons?

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Question 37

What is the maximum age of juvenile court jurisdiction in Wisconsin, according to the text accompanying the map?

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Question 38

The Ted Talk by sociologist Alice Goffman highlights that teenagers from which backgrounds are particularly funneled down the path to prison?

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Question 39

What was the primary aim of the policies enacted by lawmakers at the state level during the 1990s get-tough era?

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Question 40

The concept of the 'juvenile superpredator' led to what specific changes in the juvenile justice system?

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Question 41

Which waiver mechanism provides a prosecutor with the choice of filing charges against a juvenile in either juvenile or adult court?

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Question 42

Under a regular discretionary judicial waiver, what must the prosecutor confirm about the juvenile for the transfer to be considered?

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Question 43

Why is a presumptive waiver called 'presumptive'?

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Question 44

The highly publicized case of Kalief Browder involved an accusation for what alleged crime?

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Question 45

What is the legal status of using solitary confinement for juvenile offenders in federal prisons?

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Question 46

What term from the chapter text corresponds to the map legend item 'Statutory exclusion'?

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Question 47

Which waiver mechanism discussed in the chapter corresponds to the map legend term 'Prosecutorial discretion'?

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Question 48

According to the text, what specific social issues in the 1980s drew attention to the perceived need for more punishment and prevention of youth crime?

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Question 49

The text indicates that as a result of the get-tough reforms, youth offenders were no longer seen as what?

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Question 50

What are the three specific types of judicial waiver mentioned in the text?

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Other chapters

1.1. Crime and the Criminal Justice System1.2. Deviance, Rule Violations, and Criminality1.3. Social Norms: Folkways, Mores, Taboo, and Laws1.4. Interactionist View1.5. Consensus View and Decriminalizing Laws1.6. Conflict View1.7. The Three C's: Cops, Courts, and Corrections1.8. The Crime Control and Due Process Models1.9. How Cases Move Through the System1.10. Media Coverage of Crimes1.11. Wedding Cake Model of Justice1.12. Street Crime, Corporate Crime, and White-Collar Crime1.13. Different Types of Crimes and Offenses1.14. Victims and Victim Typologies1.15. Victim Rights and Assistance1.16. "Spare the Rod, Spoil the Child" Myth/Controversy2.1. Dark or Hidden Figure of Crime2.2. Official Statistics2.3. Victimization Studies2.4. Self-Report Statistics2.5. Misusing Statistics3.1. Functions and Limitations of Law3.2. Civil, Criminal, and Moral Wrongs3.3. Sources of Criminal Law: Federal and State Constitutions3.4. Sources of Criminal Law: Statutes, Ordinances, and Other Legislative Enactments3.5. Sources of Law: Administrative Law, Common Law, Case Law and Court Rules3.6. Classifications of Law3.7. Substantive Law: Defining Crimes, Inchoate Liability, Accomplice Liability, and Defenses3.8. Substantive Law: Punishment: Incarceration and Confinement Sanctions3.9. Substantive Law: Physical Punishment Sentences3.10. Substantive Law: Monetary Punishment Sentences3.11. Substantive Law: Community-Based Sentences3.12. Procedural Law4.1. Importance of Policy in Criminal Justice4.2. The Myth of Moral Panics4.3. The Stages of Policy Development4.4. Importance of Evidence Based Practices4.5. Re-Evaluating Policy5.1. What is Theory?5.2. What Makes a Good Theory?5.3. Pre-Classical Theory5.4. Classical School5.5. Neoclassical5.6. Positivist Criminology5.7. Biological and Psychological Positivism5.8. The Chicago School5.9. Strain Theories5.10. Learning Theories5.11. Control Theories5.12. Other Criminological Theories6.1. Policing in Ancient Times6.2. Sir Robert Peel6.3. Policing Eras6.4. Levels of Policing and Role of Police6.5. Recruitment and Hiring in Policing6.6. Recruitment and Hiring Websites for Future Careers6.7. Police Misconduct, Accountability, and Corruption6.8. Current Issues: Police Shootings6.9. Current Issues: Use of Force and Vehicle Pursuits6.10. Current Issues: Stereotypes in Policing6.11. Current Issues: Accountability6.12. Current Issues: Internal Affairs and Discipline6.13.Current Issues: Body Cameras6.14. Myth: “Police Only Write Speeding Tickets to Harass Citizens and it is Entrapment.”7.1. Introduction to the U.S. Court System7.2. Jurisdiction7.3. Structure of the Courts: The Dual Court and Federal Court System7.4. Structure of the Courts: State Courts7.5. American Trial Courts and the Principle of Orality7.6. The Appeals Process, Standard of Review, and Appellate Decisions7.7. Federal Appellate Review of State Cases7.8. Courtroom Players: Judges and Court Staff7.9. Courtroom Players: Prosecutors7.10. Courtroom Workgroup: Defense Attorneys8.1. A Brief History of The Philosophies of Punishment8.2. Retribution8.3. Deterrence8.4. Incapacitation8.5. Rehabilitation8.6. Prisons and Jails8.7. A Brief History of Prisons and Jails8.8. Types of Jails8.9. Who Goes to Jail?8.10. Growth of Prisons in the United States8.11. Types of Prisons8.12. Prison Levels8.13. Who Goes to Prison?9.1. Diversion9.2. Intermediate Sanctions9.3. Probation9.4. Boot Camps/Shock Incarceration9.5. Drug Courts9.6. Halfway Houses9.8. House Arrest9.9. Community Residential Facilities9.10. Restorative Justice9.11. Parole9.12. Current Issues in Corrections9.13. Current Issues in Corrections: Mass Incarceration9.14. Current Issues in Corrections: War on Drugs and Gangs9.15. Current Issues in Corrections: Aging and Overcrowding9.16. Current Issues in Corrections: Reentry and the Future of Corrections10.1. Youth Crime10.2. Juvenile Justice10.3. History of the Juvenile Justice System10.4. Delinquency10.5. Juvenile Justice Process10.6. Due Process in the Juvenile Court10.7. The Juvenile Justice and Delinquency Prevention Act of 197410.9. Returning to Rehabilitation in the Contemporary Juvenile Justice System10.10. The Structure of the Juvenile Justice System10.11. Juvenile InstitutionsGlossary