The underlying premise and common thread to all control / conflict theories
The tenants of the three predominant conflict theories and authors
1. Marxist (Karl Marx)
2. Feminism (Various feminists)
3. Social Control (Travis Hirschi)
The four social controls of Hirschi’s theory
1. Attachment
2. Commitment
3. Involvement
4. Belief
The primary mechanism the state uses to inform the participants in the juvenile justice process
Why the notice (summons) is issued and time allowed
Three things described in the notice or summons -- issued by a court official or police officer
Obligations an officer must take into account when detaining a juvenile
1) A formal notice to juvenile and parents or guardian.
2) An immediate investigation
3) Notify of right to counsel.
4) Notify of right to remain silent.
The juvenile hearing in contrast to an adult trial
Four circumstances where a child’s disposition warrants or requires detention -- Preference is given to releasing to parent. Detention is warranted or required --
1) protect
2) abscond (flee)
3) removed
4) No supervision -- return the child to court
The 4th amendment in terms of evidence (adults and juveniles - the exclusion of illegally seized evidence)
4th amendment -- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
Consideration exclusive to juveniles regarding a confession and coercion
Informing a juvenile of his or her rights when taken into custody by police -- cases by which they derived
Rights or procedures, that adults almost always have, which are not guaranteed to juveniles