Juvenile courts had much at stake in denying rights to youths. Until this time, poor children either were living at home with their family or, if extremely poor, were incarcerated with their family in a poorhouse or almshouse. During the early s, this country was evolving from a rural—agrarian to an urban—industrialized society.
Although Fisher lacked a true legal foundation, virtually all appellate courts thereafter agreed that juvenile courts could also operate without granting rights to defendants and cited Fisher and parens patriae as their authority. Another trait was the accumulation of poor people in urban centers.
Parens patriae was now twice removed from its original context of estate management. They easily obtained a charter from several state legislatures to open their schools by convincing the legislators that their ideas were sound.
Since Gault, the Supreme Court has never revisited parens patriae in the context of juvenile justice. If you follow a due-process model, what would you recommend? Can this matter be brought to court? The Crouse description of parens patriae had nothing to do with its usage in England.
Legal historians would counter that, although parens patriae is centuries old, this particular description dates back only tothanks to a Pennsylvania Supreme Court decision.
If you believe in the parens patriae concept of the treatment of juveniles, what would you recommend? She also had evidence of bruising that could only come from a severe beating. Nevertheless, state constitutions were clear that age was not a factor in being afforded rights when facing criminal charges.
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.
Consequently, the Quakers argued that the state was obliged to remove these children from their dysfunctional surroundings. 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.
This filled the legal void and allowed the Quakers to keep their houses of refuge open. 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.
Among other things, constitutional rights were considered unnecessary juveniles were being helped not punished and harmful juveniles could escape the system and rights cost money.
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. Last week, she seemed so lethargic that her homeroom teacher sent her to the school nurse.
In fact, the Quakers never offered any legal doctrine to support their idea.
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.
It was a mutually beneficial arrangement for noble orphans and the monarchy as well as for the managers. 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.Parens patriae concept of the treatment of juveniles You are an investigator with the county bureau of social services.
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Parens Patriae essay writing service, custom Parens Patriae papers, term papers, free Parens Patriae samples, research papers, help. Free Essays on Parens Patriae. Get help with your writing. 1 through 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.
Free parens patriae papers, essays, and research papers. 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.Download