PARENS PATRIAE AND DUE PROCESS - IS THERE A CONFLICT? (FROM JUVENILE JUSTICE - NATIONAL CONFERENCE, 4TH, LOS ANGELES (CA), FEBRUARY 6-10, 1977 AUDIOTAPE CASSETTE HIGHLIGHTS, GROUP 2, 1977 - SEE NCJ-67682)

• NCJ Number: 67685
• Date Published: 1977
• Length: 0 pages
• Corporate Author: National Council of Juvenile and Family Court Judges; National District Atorneys Assoc; Teach 'Em Inc
• Sale Source: National Council of Juvenile and Family Court Judges; Not Available Through National Institute of Justice/NCJRS Document Loan Program
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. THIS PROGRAM IS ONE SIDE OF ONE CASSETTE, AND ONE-HALF OF THE OTHER SIDE. FOR THE PROGRAM WHICH COMPRISES THE OTHER HALF, SEE NCJ-67686. FOR THE ENTIRE KIT, SEE NCJ-67682.

Annotation

THIS CASSETTE TAPE PRESENTS THE HISTORY OF THE PARENS PATRIAE CONCEPT IN THE JUVENILE COURT AND ITS REPLACEMENT WITH DUE PROCESS, ALONG WITH REASONS WHY NEITHER HAS WORKED BY ITSELF AND WHY BOTH TOGETHER MIGHT WORK BEST.

Abstract

PARENS PATRIAE FUNCTIONS UNDER WHAT IS IN THE BEST INTERESTS OF THE CHILD BECAUSE THE PARENTS HAVE FAILED TO MAINTAIN HIS WELFARE. COURTS USING THIS CONCEPT ALONE, HOWEVER, WERE FINDING THAT ADULT JUDICIAL PROCEDURES WOULD BE BEST FOR CERTAIN DIFFICULT CHILDREN. RECENTLY, JUVENILE COURTS HAVE BEEN MOVING RAPIDLY FROM PARENS PATRIAE TO DUE PROCESS. A PURE DUE PROCESS SYSTEM WOULD INVOLVE NO DISCRETION, FIXED SENTENCES, AND NO PAROLE OR TIME OFF FOR GOOD BEHAVIOR. UNDER PARENS PATRIAE PROSECUTORS MUST BE FAIR AND INTERESTED, BUT UNDER DUE PROCESS THEIR INTEREST NEED NOT BE INVOLVED. WITHOUT A COMPLETE PARENS PATRIAE SYSTEM, DEFENSE ATTORNEYS CAN ACT: (A) IN THE BEST INTERESTS OF THE CHILD; (B) AS CLASSICAL CRIMINAL DEFENSE LAWYERS; (C) IN THE BEST INTERESTS OF THE PARENTS; (D) IN LINE WITH THEIR OWN POLITICAL AND PHILOSOPHICAL VIEWS; (E) IN THE BEST INTERESTS OF THE COMMUNITY; OR (F) IN THEIR OWN BEST INTERESTS. FOR 70 YEARS THE JUVENILE COURTS WERE NOT UNDER THE SCRUTINY OF THE SUPREME COURT BECAUSE THOSE UNDER 18 YEARS OLD WERE CONSIDERED UNIMPORTANT, THE CONCEPT OF PARENS PATRIAE WAS NOT UNDERSTOOD, AND THE OLD ADAGE 'OUT OF SIGHT, OUT OF MIND' PERPETUATED DISINTEREST. THE BEST WAY TO USE PARENS PATRIAE IS TO HAVE MOST CASES SETTLED OUT OF THE JUDICIAL SETTING AND REFERRED TO A COURT INTAKE UNIT WHICH COULD DIVERT THE DEFENDANT TO OTHER AGENCIES FOR PROPER TREATMENT. ONE JUDGE FEELS THAT PARENS PATRIAE FAILED BECAUSE MOST JUDGES LACK PSYCHOLOGICAL AND SOCIOLOGICAL BACKGROUNDS. ANOTHER JUDGE DISAGREES THAT JUVENILE COURTS HAVE FAILED AND THINKS THAT A 25 TO 30 PERCENT RECIDIVISM RATE SHOWS SOME SUCCESS. DUE PROCESS IS TOO DEHUMANIZING, WHILE PARENS PATRIAE CANNOT ACCOMPLISH ITS HUMANE GOALS WITHOUT AVAILABLE RESOURCES. JUDGES CAN EASILY MAKE DECISIONS AS TO WHAT JUVENILES NEED, BUT FIND IT DIFFICULT TO DISCOVER THE APPROPRIATE PROGRAM AVAILABLE IN THE COMMUNITY.