NCJ Number
187496
Journal
American Criminal Law Review Volume: 37 Issue: 3 Dated: Summer 2000 Pages: 1195-1217
Editor(s)
Stacey E. Ostfeld
Date Published
2000
Length
23 pages
Annotation
Although prosecutions under parental liability statutes appear to be virtually non-existent, this note argues that the mere existence of parental liability statutes criminalizes and stigmatizes black and Hispanic single mothers.
Abstract
The first part of the note considers the role of American legal history and politics as causes for the current wave of parental liability statutes. The second part of the note discusses the new laws, the goals they are intended to achieve, and criticisms directed against them. The author points out that the current wave of laws started in 1988 with California's enactment of the Street Terrorism Enforcement and Prevention Act and peaked in 1995 with the enactment of seven other State laws imposing criminal liability on parents for failing to supervise their children. Prosecutions under these laws are uncommon because it is difficult for prosecutors to make the required showing that a parent intended to encourage a child's gang or delinquent activities. Those who advocate parental liability statutes maintain the laws are designed to address "unreasonable neglect" by parents. Critics question whether punishing the parent, when it is the child who has committed a crime, will deter juvenile crime. The third part of the note addresses how parental liability statutes scapegoat the mothers of children who commit crimes, particularly minority women. The final part of the note proposes an alternative method of attacking juvenile delinquency through a program that targets both parent and minor, prevents initial and repeat offenses, and takes a well-rounded approach to juvenile crime that recognizes and allows for differences resulting from growing up in different cultures in the United States. 151 footnotes