Nobody downloaded yet

Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders - Term Paper Example

Comments (1) Cite this document
Summary
Among the many functions attributed to the Monarch in Medieval England and Scotland, he was also the “father of the country” or parens patriae. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.4% of users find it useful
Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders
Read TextPreview

Extract of sample "Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders"

Download file to see previous pages Among the many functions attributed to the Monarch in Medieval England and Scotland, he was also the “father of the country” or parens patriae. This philosophy that initially referred to the Monarch’s powers as the guardian of all his people, including the ones who were unable to take care of themselves, was later turned into a jurisdictional power whereby the courts could assume the role of guardians (of the infirm, mentally disabled persons and children) and could make decisions regarding their well-being, custody and maintenance on their behalf. In the words of Craig this power of parens patriae was “…strictly all pupils, lunatics and imbeciles are under the care and protection of his Majesty …[f]or he is “pater patriae”; and the care of all such persons belongs to him as protector of the helpless” and at another place he wrote “[b]y the law of England both the custody of the persons of lunatics and imbeciles and the preservation of their feudal estates belong to the king …”. Moreover the first mention of this prerogative powers was made in thirteenth-century De Praerogativa Regis, this prerogative powers were eventually shifted to the Court of Chancery exercised by Lord Chancellor. Subsequent legislation not only included this prerogative power of the King as law but also gradually expanded the premise. The following acts for example were vital in ensuring that parens patriae conferred proper jurisdiction on the courts to take decisions on behalf of persons unable to make their own decisions: The Curators Act 1585, Exchequer Court (Scotland) Act 1856, Custody of Infant Rights in 1839, The Tenures Abolition Act 16603 and others. More recently, this jurisdictional power of parens patriae was employed in Law Hospital NHS Trust v. Lord Advocate4 (1996) where the judges, acting as parens ruled in favor of withdrawing life-support machine of a woman who was in persistent vegetative state (PVS). This case was a rare one, as it sparked debates regarding euthanasia and also renewed debate about the scope and application of parens patriae .Initially, this philosophy of parens patriae was used in guardianship and custody cases, wardship situations, gradually, the chancery courts extended the scope of parens to general welfare of children, including control, custody, and proper care. This gave the court the right to act as a parent to such children, to act as loco parentis, and provide for their well-being. According to Abramowicz (1999) this ancient English Law doctrine is now used in United States and United Kingdom to protect the mentally ill; the law of juvenile courts etc. However, initially parens patriae was not used to confer such powers on the courts to act as guardians of the juvenile offenders. Juvenile offenders are those children who act against the law, induldge in crimes, and are likely to make it a habit to do so. The court, acting on their behalf, considers proper measures for them, for their rehabilitation and reinvention as responsible citizens. Parens patriae is one of the most integral component of the law on juvenile offenders. Whence, the major strength of parens patriae lies in the fact that the delinquents of the society get protection and refuge in society rather than being homeless and helpless. The welfare state recognizes that it is its responsibility to ensure that all citizens get the protection they demand from the former. According to the book, Juvenile Delinquency, An Integrated Approach5, it is the philosophy of parens patriae that bestows authority upon the Juvenile Courts. At this point in this paper, it is pertinent that a little light be shed on the history of Juvenile Courts. Initially, juvenile offenders were treated with adults and as adults; there were no special provisions, verdicts or courts. Before the creation of ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper”, n.d.)
Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper. Retrieved from https://studentshare.org/law/1443639-critical-analysis-of-whether-or-not-parens-patriae-should-remain-the-standard-in-the-processing-of-juvenile-offenders
(Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper)
Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper. https://studentshare.org/law/1443639-critical-analysis-of-whether-or-not-parens-patriae-should-remain-the-standard-in-the-processing-of-juvenile-offenders.
“Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper”, n.d. https://studentshare.org/law/1443639-critical-analysis-of-whether-or-not-parens-patriae-should-remain-the-standard-in-the-processing-of-juvenile-offenders.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
li
lizzieohara added comment 5 months ago
Student rated this paper as
I had an issue with a term paper types of works. All until I came across this website and this particular document. Even though "Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders" is far from my interests, the structure is so great that I use it all the time as an example for my own works.

CHECK THESE SAMPLES OF Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders

Juvenile Offenders Term Paper

...due to their past events in their lives (Scott & Steinberg, 2008). Therefore, it becomes the responsibility of the institutions to make sure that juvenile offender receives medical and mental care to ensure that the child could live the life of a normal person. This does not mean that the offender must not stay in prison or receive no punishment at all for his or her acts but those punishments should be handed out in consideration with the physical and mental development of the child and the circumstances in which the offender committed the crime. Furthermore, there is also no possible justification for allowing the juvenile to...
8 Pages(2000 words)Term Paper

Argument Analysis - Standard Form

...with more targeted and effective actions. 3. [Behavioral] scientists agree that these assessments do not insure achieving their goals due to the circumstances in which the detainees are being held. 4. All detainees rights should be respected. 1,2,3,4 Step 11. Construct the numerical analysis of the argument 1,2,3, -------- 4 Critical Assessment Romero presents an argument based on the “You catch more flies with honey” principle of interrogation. There have been numerous reports regarding the methods by which our military personnel manage to extract information from the detainees. Methods which, are in violation of the Nuremberg Code of which America was the author of. Therefore, we have...
4 Pages(1000 words)Research Paper

Juvenile Offenders and Re-offending Rates

...since the 1990’s.8 Globalization has been blamed for such a development. According to the critics, globalization has promoted neo – liberalism and individual responsibility, which results in blaming the juvenile offender.9 As a result, juvenile incarceration rates are high in the UK relative to other countries. In 2002, there were 38.40 imprisoned juveniles per 100,000 persons living in the USA and 18.26 per 100,000 in England and Wales.10 However, countries such as Denmark, Norway and Belgium had an almost zero ratio. Only the USA, South Africa, Belize and Swaziland have higher youth incarceration rates than England and Wales.11 Moreover, only Ireland...
5 Pages(1250 words)Literature review

Incarceration Rates in Juvenile Offenders

...justice system and historically it has been the option of the last resort. The world is progressing and punishment increasingly is becoming the primary goal in many states, and the line between the juvenile and the adult justice systems has become blurred. It is hardly surprising, then, that juvenile incarceration has exponentially increased during the past several decades. Even in this situation, the variation in the use of juvenile incarceration remains unstudied. If seen economically, the relative inattention is remarkable given the substantial costs associated with punitive sentences. It was also seen that offenses may be more likely in those states where...
4 Pages(1000 words)Essay

Characteristics of Juvenile offenders

...people can be identified by their various characteristics some of which are obvious while others are not. The major causes of the ever rising cases of juvenile offenders are their ever increasing habits of being rebellious, mass media and the high rates of divorce. Characteristics of juvenile offenders Characteristics at an individual level Juvenile offenders tend to exhibit antisocial behavior which is coupled with alienation. This is where the juvenile engages in behaviors that are not in line with social morals as well as standards. Most of these behaviors lead to bleach of peace in the family of the...
7 Pages(1750 words)Research Paper

Facilities for Juvenile Offenders

...Facilities for Juvenile Offenders Facilities for Juvenile Offenders This paper will describe three short-term confinement facilities that house juvenile offenders. They are the Rappahannock Juvenile Center, the Lancaster Youth Service Center and the New Beginnings Youth Development Center. The Rappahannock Juvenile Center The Rappahannock Juvenile Center opened in Virginia in the year 1972. Initially, it had a capacity to accommodate only 21 beds in a building with of 9, 000 square feet. This led to overcrowding which prompted redesigning. It reopened in Stafford as an improved facility...
1 Pages(250 words)Essay

Juvenile Delinquency and Justice

...) online published report that enumerated the following: (1) firm conformity of the Parens Patriae which claimed that “the State has both a right and a responsibility to intervene in family life and assume the task of rearing a child if the family is unable to do so. It has roots in English Poor Laws, which empowered the State to separate poor children from their families and place them in apprenticeships” [His00]; (2) Parental Delinquency Laws which holds parents liable for apparently being significantly contributory to the delinquency of their children; (3) institution of Due Process; and (4) conditions and stipulations explicitly outlining Exceptions to Due Process...
3 Pages(750 words)Assignment

Juvenile Offenders

...circumstances, the probation period already served by the defendant appears to have yielded the desired result, and therefore it is important to allow him to build his life. When an intervention program has achieved the desired result, the person involved should be allowed to continue with his normal life, thereby giving him an opportunity to become a better person in future. Holding defendants, especially juveniles, for long periods on probation denies them the chance to develop. Thirdly, the defendant has not violated the probation terms and there is no evidence to suggest that he has been uncooperative. Therefore, the defendant should be allowed to complete his probation period...
4 Pages(1000 words)Essay

Should Juvenile offenders be tried as adults

...Should Juvenile Offenders be tried as adults Introduction Minors (juveniles), who in this case, are individuals that have not yet attained the statutory age sometimes take part in criminal activities, this is often referred to as juvenile delinquency. In many countries, legal systems often provide certain procedures that have to be followed when dealing with these kinds of criminal offenders. According to the justice system of the United States, a person described a juvenile delinquent when he is under 17 years of age and takes part in a criminal activity that would warrant him being charged as an adult. In the recent...
2 Pages(500 words)Essay

The Common Perception of Juvenile Offenders

...The Common Perception of Juvenile Offenders The University of Illinois at Chicago has conducted an experiment that resulted in detection of prejudiced attitude to African American juveniles under the trial. It turned out that male judges acted prosecutive when a defendant was coloured, at the same time – white victim was protected more eagerly than a black one. Thus, a model where a victim was white and a criminal was black turned out to be mostly expected among the judges. The racial discrimination is prohibited by law and needs to be avoided (for example with not mentioning the race of defendants), but biased judgments still remain. The Certain reason for it cannot be...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Term Paper on topic Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders for FREE!

Contact Us