NCJ Number
130556
Journal
Vanderbilt Law Review Volume: 44 Issue: 2 Dated: (March 1991) Pages: 441-472
Date Published
1991
Length
32 pages
Annotation
This article addresses the legal problems presented when states attempt to regulate parental conduct through statutes that penalize contributing to the delinquency of minors. Parents are required to provide not only for the basic needs of children, but to teach them fundamental societal values, including respect for authority.
Abstract
It is argued that the lack of adequate parental control and guidance causes juvenile delinquency and that through the imposition of fines or prison terms for delinquent parenting, the State can force parents to control their children and, therefore, decrease the incidence of juvenile delinquency. However, the statutes that require parents to exercise reasonable or proper control over their children are unconstitutionally vague because they lack even minimal guidelines to limit the discretion of law enforcement officials. Although some parents will fail to fulfill the responsibilities that accompany the right to raise their children, the State can reach those parents through properly limited statutes that contain specific intent elements and concrete definitions of delinquency. Although State governments have the right to remedy the problem of violent juvenile crime, the State cannot achieve that goal at the expense of the constitutional rights of parents. 253 notes