In a discretionary judicial waiver, with whom does the burden of proof rest?
Explanation
This question tests a key procedural detail of discretionary waivers: the assignment of the burden of proof to the state.
Other questions
What factor in the 1990s is identified as facilitating the public's fear of youth crime, leading to 'get tough' legislation?
In what city and year was the first juvenile court in the United States created?
What is the literal meaning of the term 'parens patriae' as it relates to the juvenile justice system?
What was the stated purpose of the 'houses of refuge' established in the nineteenth century, such as the one in New York City in 1825?
What was the primary legal outcome of the 1870 case People Ex Rel. O'connell v. Turner?
Which of the following is an example of a 'status offense' as defined in the chapter?
In the terminology of the juvenile court system, what is the term used for a 'sentence' that is given to a delinquent youth?
According to the map on juvenile jurisdiction in Chapter 10.8, how many states have the maximum age of juvenile court jurisdiction set at 17?
What was the name of the first major federal initiative enacted in 1974 that reformed the philosophy and procedures of the juvenile justice system?
According to Chapter 10.5, what are the two main responsibilities of the juvenile justice system?
What key procedural right for juveniles facing transfer to adult court was established by the Supreme Court in Kent v. United States (1966)?
How old was Morris Kent when he was arrested for the series of charges that led to the landmark Supreme Court case Kent v. United States?
The Supreme Court's ruling in In re Gault (1967) established several due process rights for juveniles facing confinement. Which of the following rights was NOT specifically highlighted in that ruling?
What was the initial sentence Gerald Gault received for the charge of making a lewd phone call, which ultimately led to a landmark Supreme Court case?
What standard of proof did the Supreme Court establish for juvenile delinquency proceedings in the case of In re Winship (1970)?
The Supreme Court's ruling in Breed v. Jones (1975) found that waiving a case to adult court after an adjudication in juvenile court violated which constitutional protection?
The landmark decision in Roper v. Simmons (2005) ruled it unconstitutional to impose what specific sentence on any youth who was under the age of 18 at the time of their offense?
In Graham v. Florida (2010), the Supreme Court ruled that it was unconstitutional to sentence a minor to life without the possibility of parole (LWOP) for what type of crime?
What specific type of sentence did the Supreme Court find unconstitutional for juveniles who committed homicide in the case of Miller v. Alabama (2012)?
How old was Evan Miller at the time he committed the murder that led to the Miller v. Alabama (2012) Supreme Court case?
What was the primary legal significance of the Supreme Court's ruling in Montgomery v. Louisiana (2016)?
Which landmark Supreme Court case was the first to establish that juveniles are entitled to a formal hearing before being waived to adult court?
Which Supreme Court case famously held that the Due Process Clause of the Fourteenth Amendment applies to juvenile defendants as well as adult defendants, establishing rights like counsel and notice of charges?
Which landmark case addressed the constitutional issue of double jeopardy, ruling that a juvenile cannot be adjudicated in juvenile court and then transferred to be tried again as an adult for the same offense?
The Supreme Court's reasoning in cases like Roper v. Simmons and Miller v. Alabama, which limit severe punishments for juveniles, relies heavily on what developmental concept?
In the mid-1990s, what term was coined to describe youth who were perceived as being so impulsively violent and remorseless that they fueled punitive reforms?
What is a legislative waiver, also known as a statutory waiver?
How does a prosecutorial waiver, also referred to as 'Direct File,' operate?
Which type of judicial waiver allows a judge to transfer a juvenile to adult criminal court, with the burden of proof resting on the state to show the juvenile is not amenable to treatment?
In the context of judicial waivers, how does a 'presumptive waiver' alter the legal process compared to a discretionary waiver?
What is the defining characteristic of a 'mandatory waiver' in the juvenile justice system?
According to the text accompanying the map in Chapter 10.8, five states draw the juvenile/adult line at age 16. Which of the following is one of those five states?
The motto 'adult time for adult crime' is associated with which era and type of juvenile justice initiatives?
The tragic case of Kalief Browder, who was held at Rikers Island for three years and spent much of that time in solitary confinement, garnered national attention and prompted New York to take what action?
According to Chapter 10.10, how many major decision points does the juvenile justice process involve?
What is the term for a formal hearing in juvenile court that is equivalent to a trial in adult court?
What term is used to describe the phenomenon that 'occurs when the proportion of youth of color who pass through the juvenile justice system exceeds the proportion of youth of color in the general population'?
What is the primary function of a juvenile detention center as described in Chapter 10.11?
Which type of juvenile facility is described as being 'prosocial and preventative,' long-term, non-restrictive, and for youth who do not require confinement?
What is a key feature of Residential Treatment Centers (RTCs) as a type of juvenile institution?
According to the discussion in Chapter 10.11, what is a primary criticism of zero-tolerance policies in schools?
Based on the list of nine major decision points, what is the very first point in the juvenile justice process?
According to the statistics cited in Chapter 10.10, which category of offenses is most commonly referred to juvenile court?
What key philosophical difference is noted between long-term secure juvenile facilities and adult prisons?
As part of the reform efforts attached to state funding, what did the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 mandate regarding status offenders?
The 1992 reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) encouraged states to identify gaps in their ability to provide appropriate services for which specific group of juvenile delinquents?
The 'child-saving movement' in the nineteenth century emerged as a response to the effects of what three major societal shifts?
What is the core argument from neuroscience that is used to support treating juveniles differently from adults in the justice system?
As summarized in the conclusion, the overall history of the juvenile justice system is characterized by a pendulum that swings between a punitive model and a model based on what principle?