Death of the Parents Patriae Model (From Young Offenders Act: A Revolution in Canadian Criminal Justice, P 146-157, 1991, Alan W Leschied, Peter G Jaffe, et al, eds. -- See NCJ-134506)

• NCJ Number: 134513
• Author(s): I M Schwartz
• Date Published: 1991
• Length: 12 pages
• Sale Source: University of Toronto Press
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada

Annotation

This analysis of juvenile justice reform in the United States concludes that juvenile incarceration is likely to increase as a result of laws that are oriented toward protection of civil rights of minors and toward deterrence through strict punishment.

Abstract

Although the doctrine of parens patriae has not completely disappeared, it has been substantially weakened by the reforms. Decisions by the United States Supreme Court in the mid-1960's and early 1960's were prompted by cases regarding violations of civil rights and abuses of juvenile court discretion and power; they held that juveniles are entitled to a broad range of procedural protections previously denied to them. In the 1980's litigation over the rights of minors and the role of the juvenile court shifted to the States, which placed further restrictions on juvenile courts. Accompanying these changes has been a major change in juvenile detention and correctional policies, de-emphasizing treatment and rehabilitation and promoting punishment and protection of the public. These changes could lead to the elimination of the juvenile court, although the experience of Utah, which is providing both strong procedural safeguards and correctional programs that emphasize community-based approaches except for violent offenders, suggests that such a result is not inevitable. Table and 23 references