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Essay / Research Paper Abstract
3 pages in length. More than one hundred and seventy years ago, the juvenile justice system thought it completely appropriate and beneficial for the state to act as parent (parens patriae) in situations where either or both parents act irresponsibly with regard to child care. This may have been an advantageous arrangement for all involved if those working on behalf of the state did not take liberties and treat juveniles in an arbitrary, unjust or unreasonable fashion. Only after the Illinois Supreme Court's ruling some thirty years later was parens patriae to take back seat next to due process. Bibliography lists 2 sources.
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File: LM1_TLCjuvjus.rtf
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where either or both parents act irresponsibly with regard to child care. This may have been an advantageous arrangement for all involved if those working on behalf of the
state did not take liberties and treat juveniles in an arbitrary, unjust or unreasonable fashion. Only after the Illinois Supreme Courts ruling some thirty years later was parens patriae
to take back seat next to due process. The 1838 ruling behind the case of Ex parte Crouse established a precedent whereby the state - at its sole discretion -
could legally place a juvenile in a facility despite the parents call for due process because it was felt that being in such a dwelling "was not punishment but benevolence"
(An Overview of Juvenile Justice). The ruling made by the Pennsylvania Supreme Court failed to take into account the behavior of those who operated these facilities and the harmful
treatment juvenile residents experienced, both mental and physical. Decades went by before this ruling was challenged and ultimately changed by People v. Turner that mandated due process to overrule
parens patriae as a way to establish "some kind of court order that spells out how such youth are to be protected, controlled, and reformed" (An Overview of Juvenile Justice).
Much of the juvenile justice system is comprised of drug-related offenses where due process fails to adequately address the problem. Critics of
due process agree how the United States of America was built upon a foundation of democracy and liberty for each and every citizen; it is by way of this infrastructure
of democratic rule that the country has been able to enjoy and pursue the various constitutional rights inherent with being an American. However, they also contend that the advent
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