Term
| When juveniles are taken into custody, they are not "arrested", but what? |
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Definition
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Term
| The founding philosophy behind many of our juvenile laws comes from what common law concept? |
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Definition
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Term
| True/False: South Carolina is considered a common law state. |
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Definition
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Term
| What does Parens Patriae mean? |
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Definition
| The empowerment of the state to act on behalf of the child, provide care and/or protection, or the equivalent to that of the parent |
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Term
| The first family court system was brought about in what year? |
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Definition
| At the turn of the century in 1899 |
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Term
| What brought about the first family court system in 1899? |
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Definition
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Term
| The first juvenile corrections facility was established in what year? |
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Definition
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Term
| Name several of the prominent court cases that have helped shape our juvenile justice system. |
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Definition
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Kent v. United States
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In Re Gault
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In Re Winship
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McKeiver v. Pennsylvania
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West v. United States
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Term
| The case of Kent v. United States embodies what legal principle? |
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Definition
| A juvenile has the right to a hearing in family court before their case is transferred to general sessions court |
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Term
| The case of McKeiver v. Pennsylvania embodies what legal principle? |
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Definition
| Trial by jury for juveniles is not constitutionally required by law |
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Term
| The case of In Re Winship embodies what legal principle? |
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Definition
| In juvenile cases the standard of proof is "beyond a reasonable doubt" |
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Term
| The case of West v. United States embodies what legal principle? |
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Definition
| Established the standard to determine whether a juvenile gave a valid waiver of their Miranda Rights |
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Term
| The case of In Re Gault embodies what legal principle? |
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Definition
| Juveniles have Fifth, Sixth, and Fourteenth Amendment protection same as adults |
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Term
| True/False: In South Carolina, juveniles may be granted jury trials in Magistrates or City Court; however, the jury does not have to be "by their peers". |
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Definition
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Term
| True/False: If a juvenile case is being transferred from family court to general sessions, the juvenile will still be tried as a child. |
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Definition
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Term
| True/False: Before a child can be interviewed, law enforcement must have permission from the parents. |
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Definition
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Term
| True/False: Juveniles are entitled to Miranda warnings if they are being interrogated in a custodial setting, just like adults. |
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Definition
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Term
| As it relates to juvenile criminal proceedings, define Child or Juvenile. |
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Definition
| Person less than 17 years of age |
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Term
| A person 16 years or older who is charged with a Class A,B,C, or D Felony is considered to be a what? |
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Definition
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Term
| Generally speaking, can a 13 year old charged with a Class A,B,C, or D felony be charged as an adult? |
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Definition
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Term
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Definition
| Person who legally has the care and management of a child |
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Term
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Definition
| Biological parent, adoptive parent, step-parent, or person with legal custody |
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Term
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Definition
| An offense which would not be a misdemeanor or felony if committed by an adult |
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Term
| Give some common examples of status offenses. |
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Definition
- Truancy
- Running Away
- Playing in a billiard room
- Playing pinball machines
- Gaining admission to a theatre by false identification
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Term
| Name the 3 basic steps in the Family Court System. |
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Definition
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Intake
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Adjudication Hearing
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Disposition Hearing
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Term
| Are juveniles arrested or detained? |
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Definition
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Term
| True/False: An officer has an adult and a juvenile in the back of the squad car and needs to transport them to the appropriate detention facility. Can the officer take the juvenile to the juvenile detention facilty first with the adult still in the car? |
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Definition
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Term
| The responsibility of transporting juveniles between department facilities belongs to who? |
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Definition
| The department, which originally took the child into custody |
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Term
| What are the "charging documents" for family court? |
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Definition
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Term
| True/False: Children 10 years of age and younger may be incarcerated in a jail or detention facility. |
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Definition
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Term
| What is needed for a child 11 or 12 years of age, taken into custody for violating a law that if committed by an adult would be a criminal offense, to be incarcerated in a jail or detention facility? |
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Definition
| An order of the family court |
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Term
| How long can a child be held in secure confinement in an adult jail or other adult detention facility? |
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Definition
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Term
| In justifing the need to detain a child, can the child's past record be used? |
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Definition
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Term
| Provide some circumstances in which a juvenile may be involved in a transfer of jurisdiction. |
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Definition
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If the child was under the age of 17 at the time the alleged offense was committed
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If, in the magistrate's opinion, the child should be brought before family court
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If an action in circuit court falls within jurisdiction of family court
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Family court relinquishes its jurisdiction
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If a petition is filed in family court and then the child commits murder, the petitioner can request a transfer to general sessions
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Term
| True/False: A child, after his 12th birthday but before his 17th birthday, may be committed to the custody of the Department of Juvenile Justice. |
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Definition
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