Essays on parens patriae, indelivered by the Pennsylvania Supreme Court. You are asked to investigate the situation and make a recommendation to your supervisor concerning what action, if any, the bureau of social services should take.
For decades youths processed for crimes in juvenile court were denied constitutional rights such as counsel and self-incriminationeven though state constitutions provided that those charged with crime were guaranteed these rights. That is, parens patriae permits juvenile courts to function without all the constitutional rights that make criminal courts expensive and cumbersome.
The Quakers were also convinced that, while it was too late to work successfully with adults, children were susceptible to the change and positive development that education could secure. In fact, the Quakers never offered any legal doctrine to support their idea.
When her parents were called to the school to meet with the principal and guidance counselor, they claimed to be members of a religious order that believes that children should be severely punished for misdeeds. If these wealthy children lost their parents, the king appointed someone who exercised wardship.
The Quakers launched their program in what was called a house of refuge. She has had a hard time concentrating in class and seems withdrawn and uncommunicative. The court seemed reluctant to grant juveniles all the rights adult defendants have because of a fear that equality of rights could lead to questioning the need to have two separate court systems; that could lead to the demise of juvenile courts.
This management also guaranteed that the children would be reared and educated to evolve into adults of noble rank, who owed allegiance to the king. If you need a custom essay or research paper on this topic please use our writing services.
From Chancery to the Juvenile Court. Nevertheless, state constitutions were clear that age was not a factor in being afforded rights when facing criminal charges. In the 21st century, the Quaker beliefs would not be considered radical.
Legal historians would counter that, although parens patriae is centuries old, this particular description dates back only tothanks to a Pennsylvania Supreme Court decision. Syracuse University Press, During the early s, this country was evolving from a rural—agrarian to an urban—industrialized society.
The Quakers believed that allowing these children to cohabitate with their parents would result in their growing up to live lives of poverty much like their parents. But, in the end, the court revealed that parens patriae really has no historical connection to or legitimacy in denying constitutional rights to youths charged with crime in juvenile courts.
This was no longer colonial or revolutionary America. Consequently, the Quakers argued that the state was obliged to remove these children from their dysfunctional surroundings. In fact, the connection between poverty and crime is a major tenet or theory of criminology.
If you believe in the parens patriae concept of the treatment of juveniles, what would you recommend? Fisher and Further Transformation of Parens Patriae The emergence of juvenile courts in the early 20th century brought about a version of parens patriae even more removed from its original meaning.
The court also seemed hesitant to destroy the legal foundation of juvenile courts i. A Changing United States A changing United States in the 19th century and the need for supporting legal doctrine brought about the serious transformation parens patriae experienced upon arrival in the United States.
Juvenile courts had much at stake in denying rights to youths. A physical examination revealed that she was malnourished and in poor physical health.Parens patriae is a concept of law which refers to the act of the state intervening on the parental responsibilities for any child or juvenile who is vulnerable to negligent and abusive parents or caretakers, therefore needing protection.
Parens patriae concept of the treatment of juveniles You are an investigator with the county bureau of social services. A case has been referred to you [ ] +1 () Owned by The Unified Papers Enterprises Inc., ultimedescente.com lists more than 1, essays, research papers and assignment covering all major areas of.
pdf Parens Patriae PAGE 3 Parens Patriae A manifestation of the doctrine of parens patriae is a state legislation for child welfare and laws to protect juvenile delinquents Juvenile Delinquency: An Integrated Approach Retrieved 13 January from the World Wide Web http /www.
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Parens Patriae Essay Juvenile justice experts define parens patriae as the state’s duty and license to raise children. If the natural parents are not taking proper care of their children, the state is both obligated and authorized to intervene in the family’s life and to pursue this mission.Download