The Treatment Model Of Parens Patriae In The Criminal Justice System

The matter by which juveniles are processed and handled in the criminal justice system vary on the model and philosophy being used in the proceedings itself. If Parens Patriae, or the Treatment Model was being used, The state would deal with juveniles differently than it would adult offenders, in a much more gentle and caring way, which would be considered informal and flexible. The judge would act in a very calm and caring manner, and would attempt to probe the roots of the child's difficulties. The Treatment Model views child delinquency as some sort of underlying personality problem.

Though the Treatment Model can be viewed as the best way of counteracting a juveniles problem, there are some who challenge the model by instead using the due process philosophy. To get a better understanding of the due process direction, reformers turned to David Fogel's Justice Model and it's concept of just deserts. This model believes that both juvenile and adult offenders are volitional and responsible human beings, and deserve to be punished equally under the law.

Some pro's would be that it would definitely divert youthful offenders from committing future crimes, as well as committing a crime at all, as it would show the child that it can land them in serious trouble, far more trouble if they were treated differently than adults. Juveniles would also have great constitutional protection as an adult compared to being a minor. Being in an adult court, Juveniles would have the right to a jury trial, since most states don't allow jury trials in juvenile courts. Juries could also be more sympathetic to a minor, depending on the