Parens patriae Essays

Outcome 1 Understand how duty of care contributes to safe practice. The learner can: 1. Explain what it means to have a duty of care in own work role Having a duty of care, basically means that as support staff we are responsible for our clients’ health, safety and wellbeing. In other words, we must make sure our service users’ health and wellbeing come first at all the time. We must provide high quality standards care, make sure our clients not only are healthy and clean and appropriately dressed

These two concepts come into conflict because the idea of due process is based on the idea that individual rights must be upheld while the concept of parens patriae is a much more patriarchal vision that does not pay attention to rights. Under the concept of parens patriae, the state takes over the role of the parent. It does what it thinks is best for the juvenile offender rather than trying hard to ensure that the offender’s rights are not violated. This is much more like what happens in a family

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 parens patriae doctrine provided the propulsion needed for the establishment of the juvenile court. The doctrine helped justify the expansion of state power and rationale for court intervention. The parens patriae doctrine is still essential in today’s juvenile court, and provides values and believes for members of the court system to adhere to. The foundation of the entire the juvenile court systems lies upon the doctrine of parens patriae: the parens patriae doctrine has had

punishments we’re the go, as for now, we have rehabilitation and treatments. “parens patriae” also known as the State, was established, they believed it would resolved the offenses being committed by juveniles. Parens patriae gave the state the right to make decisions for the child in replace of their parents. Juvenile justice faces an uncertain future. Despite this fact, it continues to operate under the “parens patriae” philosophy upon which it was built. The system now incorporate elements of due

There are four Correctional modules in the juvenile justice system: The treatment model, the justice model, the crime control model, and the balanced and restorative justice model. The Parens patriae, or treatment model, is a more informal and flexible procedure. In this model a juvenile judge would probe the root causes of the child’s difficulties. The justice model is the concept of just deserts, in that violators are responsible and should be punished. The punishment received by juveniles however

occurred between 1824 and 1899. During this period delinquents or children who were neglected were placed in a house where they were trained, educated, taught proper structure and disciplined. 5. Define the concept of parens patriae. a. To begin with the meaning behind parens patriae is, “parents of the nation”. This concept gave officials/the court the power to take children who were delinquents, to be supervised and placed in orphanages or poorhouse where they would then have power over them to

children involved in youth crime would not respond well to parens patriae when their parents are found irresponsible. The legal doctrine of "Parens patriae" permits the state to act as a "parent" and offer protection and care for those who are unable to take care of themselves. This concept recognizes the state's duty to protect young offenders' welfare and promote their rehabilitation within the context of juvenile justice. The parens patriae theory can be used in a variety of situations when discussing

physician can bring anyone they may have concern for in order to do an evaluation because of the Petition Law. There are two major legal principles for the process of involuntary commitment of patients with a mental illness. The first legal law is parens patriae, which is comprised of components the government would have traditionally viewed as the basis for the need of treatment of patients who are committed. The second is the responsibility of the state to intervene on behalf of its citizens who cannot

waiver of their rights, and what officers must do to make sure a juvenile’s confession will not be concealed in court. There wasn’t a way for juveniles to plead their own case. It wasn’t until the Industrialization Era that society developed the parens patriae concept. It tells you that the state could intervene to protect a child’s welfare (Caccarozzo). The juvenile court system that was developed was very different from the adult court. There’s more of an importance on helping the juvenile then in

In the late 1960s and early 1970s, the United States Supreme Court issued a number of decisions that expanded the rights of children in juvenile court proceedings. The Court began extending due process rights to juveniles in Kent v. United States. The Court no longer accepted the premise that children should not have constitutional rights because of the special nature of the juvenile court. According to the Kent Court, "the child receives the worst of both worlds: that he or she gets neither the

In opposition to pro-choice approval of legalization, an article of the Fordham Law Review, An American Tragedy: The Supreme Court on Abortion, delineates the decision in Roe v. Wade as unconstitutional on the grounds that the Court made egregious errors in the case. Byrn cites a number of mistakes, including the misinterpretation of common law, motivations behind nineteenth century abortion laws, the intent of the founding fathers, factual knowledge of fetuses, along with a disregard for the Supreme

Parens patriae means that the state has the responsibility or duty to protect those who cannot protect themselves. Juveniles fall into this category of needing protecting. The courts decisions and legislations have played a major role in making the juvenile justice system what it is. There are certain rights that are granted to juveniles in courts and we have an improved perspective of how to handle juveniles in the justice system now. Several Supreme Court legislations and decisions have shaped

What are the four elements of proof necessary for a plaintiff to succeed in a negligence case? The four elements of proof necessary for a plaintiff to succeed in a negligence case are: (i) Duty of care, (ii) Breach of duty, (iii) Injury, (iv) Causation (i)Duty of care: Duty can be defined as a legal obligation the defender or a wrongdoer owes to the plaintiff. When the law recognizes a relationship between two parties, the duty of care arises. These parties are called defendant and the plaintiff

confined against your will, well on October and November of 1971, it really happened to Alberta Lessard under the Wisconsin State Mental Health Act, Wis.Stat. § 51.001 et seq. Terms will be used such as Civil Commitment, involuntary hospitalization Parens Partriae and Police Power, understand these terms will help you to understand your rights. On October 29, 1971 James D. Mejchar and Jack Schneider who are police officers with Wisconsin police Department pick up Alberta Lessard in front of her

with the way it manages teenagers who are deviant. Today, our juveniles are viewed as individuals to be feared rather than rehabilitated. Rarely are issues with juvenile crime and punishment treated under the rehabilitative philosophical basis parens patriae, instead youths are sentenced in juvenile facilities or even adult prisons for status offenses. They are placed in a community with expert criminals, and as a result, continue the lifelong journey of crime. Redding concludes that once incarcerated

In the beginning of the 20th century, many visionaries strived to recreate American government. They fought for it to become more just, fair, and ethical for all citizens. Visionaries realized that adult courts, laws and policies were too harsh and cruel for juveniles. Because of this, they believed that juveniles should have their own courts, laws, and policies. In the early 20th century, juvenile courts started to appear in America due to the realization that juveniles are not the same as adults

judge having a conversation about what the offender did wrong and why he or she shouldn’t do it again. The goal of the Juvenile Courts system was to rehabilitate instead of punish juvenile offenders. The courts based this on the legal doctrine of parens patriae. This doctrine enables the state to fill in as a juvenile guardian. The courts attempted to center around the best interest of the

Constitutional guarantees are offered by describing the juvenile court as civil versus criminal due to it not dispensing criminal punishment. Instead, the juvenile court offers the theory that the state was acting as parens patriae for the juvenile offender. Comparing this charge to an adult, having been charged with the same, the adult may have only received a maximum sentence of a $50.00 fine and two months in jail (Facts and Case Summary - In re Gault, n.d.). Overall

Discussion 2_Preventative Detention 1. What is preventive detention? The pretrial detention of juvenile suspect is an important troubling aspect of the juvenile justice process. Courts are faced with the task of determining what should be done with a juvenile alleged to be delinquent pending a hearing on that issue. Preventive detention refers to the use of executive power to detain as a means of preventing future crimes. Detention in these circumstances is labeled ‘preventive’ or ‘precautionary’