The Juvenile Justice System and the Criminal Justice System

Describe the similarities and differences between the Juvenile Justice System and the Criminal Justice System?

Describe 3 of the key U.S. Supreme Court cases that affected due process in Juvenile cases.

How does domestic terrorism differ from other forms of terrorism?

When was the Patriot Act enacted? Briefly describe its purpose

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Sample Answer

Similarities and Differences between Juvenile and Criminal Justice Systems:

Similarities:

  • Both deal with individuals accused of violating laws: Both systems address individuals accused of wrongdoing, though the age range and types of offenses differ.
  • Process elements: Both use similar procedural elements like investigations, arrests, trials, sentencing, and appeals.
  • Goals of public safety: Both systems aim to maintain public safety and deter future offenses.

Differences:

  • Target age: The juvenile system handles individuals under a certain age (typically 18), while the criminal system deals with adults.
  • Focus: The juvenile system prioritizes rehabilitation and reintegration into society, while the criminal system focuses on punishment and deterrence.

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  • Procedural differences: Juvenile proceedings are often less formal and adversarial than criminal cases, often involving closed hearings and special terminology.
  • Sentencing: Juveniles receive dispositions (not sentences), often emphasizing alternatives to incarceration like probation, counseling, or community service.

3 Key U.S. Supreme Court Cases Affecting Due Process in Juvenile Cases:

  1. Kent v. United States (1966): Established the right to an attorney for juveniles in delinquency hearings.
  2. In re Gault (1967): Established basic due process rights for juveniles, including notice of charges, right to counsel, and the right to confrontation and cross-examination.
  3. Tinker v. Des Moines Independent Community School District (1969): Upheld the First Amendment rights of students, including the right to peaceful protest in schools.

These cases significantly enhanced due process protections for juveniles in the justice system.

Domestic Terrorism vs. Other Forms of Terrorism:

Domestic terrorism:

  • Motivated by political, religious, social, or ideological goals within a country.
  • Targets citizens or property within the country to intimidate or coerce a government or population.
  • Perpetrators are often citizens or legal residents of the country.

Other forms of terrorism:

  • Can be domestic or international, targeting other countries or their citizens.
  • Often involve transnational networks or organizations.
  • Motivations may vary, including religious extremism, ethnic separatism, or economic gain.

Key differences:

  • Target: Domestic terrorism targets domestic citizens or infrastructure, while other forms often target other countries or their people.
  • Perpetrators: Domestic terrorism may involve citizens or residents, while other forms often involve transnational groups.
  • Networks: Domestic terrorism may be less organized compared to international networks involved in other forms.

Patriot Act: Enactment and Purpose

The Patriot Act was enacted in 2001 following the September 11th attacks. Its purpose was to:

  • Enhance surveillance and intelligence gathering powers of the government to combat terrorism.
  • Expand authorities for law enforcement, including detention and investigation powers.
  • Facilitate information sharing between government agencies and private entities.

The Act has been controversial for its potential infringement on civil liberties and privacy rights.

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