#2. Parens Patriae (Due 2/1 before class-5 points)
In chapter 1 we learn that the phrase 'parens patriae' is very significant in the development of juvenile court.
1. What is the significance of the phrase in the history of juvenile court and the legal responsibilities of juveniles? Include a sentence from the text that helps answer this question.
2. Does this mean that every juvenile committing any type of crime can expect a lesser sanction? Give an example of a juvenile committing a crime where they may not have the benefit of 'parens patriae".
posted by ProfessorQuinnCCP @ 11:12 AM
28 Comments:
1- This phrase according to history juveniles where under the protection of the king. As from the text "children and other incompetents were under the protective control of the king."
2- No, if they do not have the benifit of "parens patriae" and depending on the crime some states may charge the juvenile as an adult. If a parent feels as if they have no control over their child or the situation then the child's case will get turned over to state legal authorities.
1. The phrase according to history juveniles were under the protection of the king. As from the text "children and other incompetents were under the protective control of the king." and another answer for this question can be that children will not be punish for there crime they committed if it is burglary or petty larceny. Instead the state will take care of them so in the future they won't committed those crimes.
2. No this doesn't mean that every juvenile commiting any type of crime can expect lesser sanction. For some crimes you have to go to juvenile jail so you can learn your lesson. A example where juvenile committing a crime may not have the benefit of parens patriae can be found on page 44. Police said 15 year old Sandy Ketchum of Fayetteville, Georgia were involved in a romantic relationship and that Harvey's family had tried to keep them apart. The two were acused of stabbing to death Harvey's grandparents. They are going to jail no questions ask.
1. I quote from the text book, "children and other incompetents were under the protective control of the king." This phrase is referring to the fact that in historical juvenile courts, juveniles were under the supervision and security of the ruler.
2. No. I don't believe that ANY juveline will be able to expect a lesser punishment. If a relationship between a parents and their child get so bad that the parent feels they have no say or part in the child's life, then the child might be turned over to the state court for further supervision.
1. In the middle ages children were not treated as they are today. Parents do not give their young the right attention and love a child deserves. Children were born inorder to later provide for their family. Children carried out adult respondsibities at a very young age. In the fifthteen century juvenile courts delt with children differently based on if they were wealthy or not(16). Parens Patriae is the power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent(16). Parents of the children in our history neglected their young and made them do adult jobs. Children need the courts to step in to provide the loving care that parents should.
2.This does not mean that every juvenile committing any type of crime can expect a lesser sanction. It does mean that juveniles are treated differently then adult offenders. They are given a chance to better themselves since they lack the love of a parent. By killing someone a juvenile may not have the benefit of parens patriae. They will be charged as an adult.
The meaning of this phrase is that the king is responsible for the children in his kingdom. " The concept was first used by english kings to establish their right to intervene in the lives of the children of their vassals- childrens whose position and property were the direct concern to the monarch."
It does not always protect juveniles. for example, if a juvenile commited murder, the chancery courts cannot protect them from punishment.
1. The significance of the phrase in the history of juvenile court is that juveniles were protected by the king laws. The text says, "children and other incompetents were under the protective control of the king." Also, the text also states that teens who have committed serious crimes will not be prosecuted for their actions. Instead, they will be professionally treated to help them control their actions.
2. No, this does not mean that every juvenile committing any type of crime can expect a lesser sanction. For example, if a juvenile plots on killing somebody, it will be hard to try and convince someone that the person needs help.
The statement that came out of the text book was "children and other competents were under the protective control of the king". This is saying that the children background was tooking into consideration and if it was not to their liking then the child was place under protective custody.
No it depend on your home enviroment.
1. According to our textbook, the significance of the phrase "parens patriae" in the history of juvenile court submerged during the times of chancery courts in which parens patriae was used to identify the king's role as the father of his country. The development of parens patriae designated the courts and the state the decision-makers in regards to the child (Siegel, Welsh and Senna 16). The court's mission statement, to act in the best interest of the child, revealed its concern about the actor, rather than the deliquent act. The concept of parens patriae altered the view of children's legal responsibilities. Prior to the introduction of the idea of delinquency, children were subjected to the same criminal treatment as adults. Today, parens patriae prohibits the practice of catagorizing juvenile delinquents as criminals and labeling them as guilty of offenses. The law addresses juveniles' legal responsibilities differently because "adolescents are believed to (1) have a strong preference for risk and novelty, (2) assess the potentially negative consequences of risky conduct less unfavorably than adults, (3) have a tendency to be impulsive and more concerned with short-term than long-term consequences, (4) have a different appreciation of time and self-control, and (5) be more suseptible to peer pressure" (19).
2. Although juvenile offenders have a court system designed in their best interest, which emphasizes the importance of rehabilitation over punishment, not all juvenile offenses are brought before the court. Some juveniles are considered out of control and in the eyes of the law they cannot be treated as children; therefore, they are waivered. This process occurs when juveniles are transferred to the adult criminal justice system. Only the most serious and experienced juvenile offenders are waivered. For instance, the story of Nathaniel B. serves as an example of a juvenile offender who did not reap the benefits of parens patriae. The severity of Nathaniel's offense, second-degree murder, resulted in a sentence of twenty-eight years in an adult correctional facility. Nathaniel's crime coupled with witness testimony of his premeditated plot labeled him a serious offender, thus making him ineligible for parens patriae (19-20).
The history of the phrase is that juveniles were under the care of the king/ruler. The text states "Children and other incompetents were under the protective control of the king.
2. No i don't think that every juvenile can expect a lesser punishment for the crimes they commit. For example if a juvenile kills someone he will not receive a lesser punishment he will go to prison for his actions.
The history of the phrase is that juveniles were under the care of the king/ruler. The text states "Children and other incompetents were under the protective control of the king.
2. No i don't think that every juvenile can expect a lesser punishment for the crimes they commit. For example if a juvenile kills someone he will not receive a lesser punishment he will go to prison for his actions.
There were courts established based on the Englisg system in which the king was responsible for the protection of the children.These courts were chancery courts. In the text it states that "chancery court decision- making rested on the proposition that children and incompetents were under the protective control of the king".The Latin phrase parens patriae refers to the king's responsibilty as being the father of the country.The king was able to intervene in the lives of those who were not able to take care of themselves.In today's society we have DHS(The Department of Human Services) who have the authority to intervene in the lives of children if thier welefare is not being protected.Under the parens patriae deliquenent acts aren't viewed as criminal violations, nor are juveniles viewed as criminals. They are viewed as beig victims and needy.This is why there is a seperate legal system than that of an adult.
2. No, this does not mean that every juvenile committing any type of crime can expect a lesser sanction. Deliquent behaviors are sanctioned less heavily than that of an adult. That's because the legal system has recognize youth as being more irresponsible than an adult. However, a juvenile can be charged as an adult if he/she committs a serious offense. If a juvenile committs murder the parens patriae will not be to his/her benefit.A waiver will allow the transfer of jurisdiction over serious offenders. The juveniles will than be charged as an adult in an adult court.
1. The significance of the phrase "parens patriae" is that the state has the authority to step in and make desision that are in the best interest of a child. The Chancery court used parens patiae to justify intervening in the lives of families and children to act in the best interest of the child (Siegal, Welsh, and Senna pg 16).
This does not mean that juveniles should expect lesser sanctions for committing crimes. As a result of the parens patriae concept, laws were developed to try and treat children differently than adults.
1. The significance of the phrase was the reference of the king as the role of father to the children of his country. According to the text, "children and other incompetents were under the protective control of the king." Parens patriae became the basis for the protective jurisdiction of the chancery courts and was used to intervene in the lives of families and children by its interest in their general welfare.
2. This does not mean that every juvenile committing any type of crime can expect a lesser sanction. The parens patriae concept is still applied to children whose law violations are not considered serious, the more serious juvenile offenders can be declared "legal adults" and placed outside the jurisdiction of the juvenile court. A juvenile may not have the benefit of parens patriae if they commit murder.
1. Juveniles were under protection by laws provided by the king which act as the father of his country. In the text the sentence "Chancery court decisions-making rested in the proposition that children and other incompetentd were under the protective control of the king; thus, the Latin phase parens patriae was used, referring to the role of the king as the father of his country."
2. Even though there is a juvenile court that is set in place to handle all of the criminal acts committed by minor this does not mean that every juvenile committing any crime can expect a lesser crime because some juveniles today are charged as adult and processed accordingly.
1. The phrase 'parens patriae' is significant in the history of juvenile courts and the legal responsibilities of juveniles because it was used in reference to the king being the father of his country. The text book states that chancery court decision-making rested on the proposition that children and other incompetents were under the protective control of the king.
2. This does not mean that every juvenile committing any type of crime can expect a lesser sanction. For example, A seventeen year-old who has committed the crime of murder((intentionally)) may not have the benefit of 'parens patriae' becasue he or she will be tried as an adult and going straight to jail.
The phrase in the history of juvenile court says “the children and other
incompetents were under the protective control of the king”. There for the king was responsible to make sure all the children were protected.
Even though the “parens patriae” protects children, in some cases parens patriae could get a child a lesser sanction indeed. Not all juvenile crimes will be seen as a juvenile crime and so there for parens patriae will not help them. As if a juvenile murders another person the protection of “parens patriae” might not stand in a juvenile court it could be seen as an adult crime. If seen as an adult crime that juvenile will go to an adult court and be tried as adult.
1. The significance of the phrase was to justify The King and establish their rights to intervene in the lives of families and children by its interest in their general welfare. In other words to act in the best interest of the child.(Pg.18)
Under parens patriae' delinquent acts are not considered criminal violations, nor are delinquents considered "criminals". Children cannot be found "guilty" of a crime and punished like adult criminals. The legal action against them is considered more similar (though not identical) to a civil action that determines the need for treatment. Pg. 19
2. No, juveniles who violated the law were handled within the framwork of regular criminal court system.(Pg.18)
Also the parens patriae concept is still applied to children whose law violations are not considered serious, the more serious juvenile offenders can be declared "legal adults" and placed outside the jurisdiction of the juvenile courts. (Pg.20)
It doesn't apply to murder if you commit this crime you are subject to being tried as an adult.
1. Parens Patriae started a significant change in the way juveniles were treated in the justice system. They were no longer treated by the courts as if they were adults. The legal responsibilities of juveniles were taken away for the most part. They were seen as victims. As stated in the text, "minors who engaged in illegal behavior were viewed as victims of improper care, custody, and treatment at home."
2. This does not mean that all juveniles committing crimes will receive a lesser sanction. A perfect example would be the long 28 year sentence handed down to Nathaniel Brazill when he was convicted of second degree murder. he did not benefit from parens patriae.
1. As I will quote from the book, Great Britain in the middle ages relied on a system of the Chancery courts(court system that oversee the lives of minors who were orphaned)and the Chancery Courts were proposition that children and other incompetents were under protective control of the king. Parent patriae was a latin word used to refer to the king.
2. From the information that I got from the text, I have concluded that this phase did mean that juveniles who commit crimes would recieve a lesser sanction. The parent patriae grew to refer children to the court system in consideration of the best interest of the child so the children were not protected by the king personal;they were now to deal with the state. What the state felt was that if a child commited a crime then that meant that they had problems at home, and they now need special attentions. The state felt the miniors should not be punished for crimes such as,burglars because this lable would only stigmatizes them in the furture. The term juvenile delinquency was not used in a bad way. This term meant that minors need care, custody , and treatmeant by the state.
1-"Parens Patria" set the foundations for todays juvenile justice system.During the days when kings rules in Britain,"Parens Patria" said that the king had the right to intercede in a childs life if need be.When the parents of a juvenile were beyonf controlling them,the king or the state would step in and decide the childs fate.It was the Kings duty to decide what was best for a orphaned or deliquent juvenile."Parens Patria is,"Power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent"In modern day America "Parens Patria" is very much alive however the king is replaced by the state.Because children were unter the protection of the king,they were not held as responsible for their actions as they are in todays juvenile justice system.
2-This does not mean every juvenile commiting any type of crime can expect a lesser punishment.However,it does make the rsponsibility of that childs actions be brought to light and analyzed against each individuals exposures.When a juvenile murders someone,they will most likely be tried in a criminal court and "Parens Patria" is usually not an option.
1. The phrase "parens patriae" gave courts the right to act as a parent to these children. This rule symbolize the role of the king as the most powerful in the country. "Parens Patriae was used used, referring to the role of the king as the father of his country"(Siegel,Welsh,Senna).
2. Juveniles that commit more serious crimes waive their rights of minors and are considered by the court to be "beyond control" and are treated as adults. When dealing with minors, courts lessen crimes like robbery and shoplifting so society won't label them. Parens patriae is waived when a minor commits a serious crime such as murder.
1.) The latin phrase to juvenile history kept children protected under the king Stated from text "children and other incompetents were under the protective control of the king"
becoming the "backbone" of juvenile court systems.
2.) No, not every juvenile will benfit from the "parens patriae". The paren patriae is out to help and treat children but as quoted on page 19 "Although appreciation of the criminal nature of the deliquency concept has helped increase the legal rights of minors, it has also allowed state authorities to declare that some offenders are 'beyond control' and cannot be treated as children.
If a 16 year old beat a man to death and stole his car, parens patriae would not benefit him at all.
1. This phrase parens patriae is significance in the history of juvenile court. They start seeing juveniles as unique. This phrase was used referring to the roles of the king as the father of his country and he had the legal right to intervene in the lives of the children of their vasals. The text also says "The concept of parens patriae became the theoretical basis for the protective jurisdiction of the chancery courts acting as part of the crown's power." This was the begining of people seeing that children needed to be treated with care.
2.This does not mean that every juvenile committing any type of crime can expect a lesser sanction. They did not have jurisdiction over children charge with criminal conduct. If a child goes out and kills somebody they would not benefit of parens patriae.
1. This phrase parens patriae is significance in the history of juvenile court. They start seeing juveniles as unique. This phrase was used referring to the roles of the king as the father of his country and he had the legal right to intervene in the lives of the children of their vasals. The text also says "The concept of parens patriae became the theoretical basis for the protective jurisdiction of the chancery courts acting as part of the crown's power." This was the begining of people seeing that children needed to be treated with care.
2.This does not mean that every juvenile committing any type of crime can expect a lesser sanction. They did not have jurisdiction over children charge with criminal conduct. If a child goes out and kills somebody they would not benefit of parens patriae.
1. The term Parents patriae means that juveniles who behaved badly were thought to be acting out because of a bad home life , so the sate took custody of the children. "the sate should step m in and take control of the youth before they committed more serious crimes.
2.No.this was only for small crimes like stealing.If a child committed a crime like murder then they would be heald responsible.
1. Parens Patriae is the more or less the first instance of a government taking responsibility of juveniles. The king assumes the position of father of his country and all in it. Parens Patriae in a sense is the first child services, "the monarchy used parens patriae more and more to justify its intervention in the lives of families and children by its interest in their general welfare".
2. No, this certainly does not mean that juveniles are exempt from punishment. It is put in place to give juveniles a fighting chance for rehabilitation being that they are young and still developing. In severe cases however the juvenile court can be waived and juveniles can end up in adult criminal court. This is in particularly harness crimes, or perhaps repeat offenders.
1. The phrase according to history juveniles where under the protection of the king. As from the text" Children and other incompetents were under the protective control of the king."
2.No, I do think that any juvenile commiting a crime should expect a punishment that coincides with the punishment. In some cases things are different and the parents should have some type of control over their child.
1.
"children and other incompetents were under the protective control of the king". I n other words all people who could not defend themselves or take care of themselves were controlled or kept under the supervision of the king. the juveniledoes not reall have any legal responsibilities because everything was handled on their behalf.
2.
No,because some crimes are harsh enough receive some form of punishment in a facility. I think ajuvenile may not benefit from parens patriae if they murder a person in cold blood.
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