Juvenile Justice
How was the "get tough" movement different from the original parens patriae concept? This paper reviews both forms of punishment (or penalizing) when juveniles stray away from law-abiding behaviors.
The history of parens patriae
The system known as parens patriae was developed many centuries ago, beginning in the late fourteenth century, according to the book Juvenile Delinquency: An Integrated Approach. And early in the fifteenth century parens patriae (the law that emerged from this concept was called "equity law") cases were brought before courts in England, and in time parens patriae was imported to the United States, because many legal traditions that settlers in the U.S. adopted were in fact from English law (Burfeind, 2011, 13).
What does parens patriae mean in Latin? Originally it meant "parent of the country," and in England it offered "far-reaching power" to the King of England, as the ultimate ruler and guardian of the country and its people. It was a way to settle disputes, mostly dealing with property rights, Burfeind writes (13). Along with his authority, the King was obliged under...
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