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Parens Patriae Essay

  • Submitted by: anonymous
  • on November 18, 2013
  • Category: Miscellaneous
  • Length: 489 words

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Below is an essay on "Parens Patriae" from Anti Essays, your source for research papers, essays, and term paper examples.

They say Parens Patriae can be the “law of the land”. It relates to the juvenile justice system dealing with diverse meanings of how the children are endangered. I will touch on concisely a few basic arguments of how Parens Patriae is essential to America, giving a superior understanding of what it is all about. Also indicating how it has developed over time. Parens Patriae proposes, the inherent power and authority of the government protecting the juveniles who can’t do so for themselves legally. Parens Patriae is also known as the “father of the country”, in Latin or “parent of the nation” again typically used in the juvenile cases concerning child abuse and neglect.
The doctrine was formed in English Common law. This was first dispersed by the King’s Bench in 1608, envisioned for parents who are unfit and unstable to protect their young (Hiddenvalue24). In the initial days these harsh times were called “royal prerogative” when in which those children looked to the king to save them. Even though Parens Patriae was created it didn’t give juveniles legal rights in any court. Though, it increased their fight to be protected at all costs. In the early sixteenth and seventeenth century if the juvenile had done a crime the outcome decision would be sent to the leader who worked for the King. Thus, giving parents no legal instance to argue the final decision and loosing hold of their rights as a parent. Therefore having them both powerless, this wouldn’t stand in America for long.
For example the case on In re Gault, a fifteen year old boy on probation in Arizona made a property offense in 1964. He made a prank call to an adult neighbor saying some inappropriate remarks, the neighbor found out it was Gault and he was detained. He did not show to his hearing therefore the incident never got resolved but he ultimately got sent to a training school for the remarks. The court based its decision on the fact that Gault was being penalized rather than aided by the Juvenile...

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"Parens Patriae". Anti Essays. 8 Dec. 2018

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Parens Patriae. Anti Essays. Retrieved December 8, 2018, from the World Wide Web: http://snehaedu.com/free-essays/Parens-Patriae-547296.html