In the contemporary world, every government has to have particular policies that protect the rights and freedoms of people who do not have enough power to stand for themselves. The British principle, which is called parens patriae, gives governments the authority to act as legal protectors for children whose parents cannot raise them properly (McKee, 2016). The logic behind creating this policy was to give states a possibility to intervene in the process of children’s upbringing in case their legal guardians prevent them from being healthy both physically and mentally (McKee, 2016). Underaged citizens are more vulnerable, and their choices are limited; therefore, governments need to ensure that children are cared for and protected (Bal, 2017). Consequently, parents patriae is an essential concept that takes into consideration the needs and privileges of those who do not have enough power to make personal decisions.
The parens patriae policy is highly connected to the modern U.S juvenile system. Juvenile justice is the field of criminal law applicable to young people who cannot hold responsibility for criminal acts (“Youth in the justice system,” n.d.). For this reason, the concept of parens patriae is used to allow governments to participate in the process of young criminal’s rehabilitation. Since the foundation of the first juvenile court, the system criminal significant changes and advancements (McKee, 2016). Originally, juvenile court proceedings were informal, and the verdicts ranged from verbal warnings to imprisonment in detention facilities (McKee, 2016). Nowadays, the U.S. system focuses on developing programs that give children an opportunity for change and development (“Youth in the justice system,” n.d.). Hence, it can be stated that parens patriae allows the contemporary juvenile system to act for the good of young criminals, protect them, and raise children as exceptional citizens of the U.S.
References
Bal, R. (2017). The perils of “parens patriae”. Georgetown Law. Web.
McKee, A. J. (2016). Criminal justice: An overview of the system [eBook edition]. Booklocker.
Youth in the justice system: An overview. (n.d.). Juvenile Law Center. 2020. Web.