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This paper briefly examines how parens patriae or "parent of the country" refers to the idea in law that the state has the inherent power and authority to protect persons who are legally unable to act on their own behalf. In particular, through a literature review, the paper looks at how this concept pertains to minors and juvenile deliquents.
From the Paper:"Another issue that has received a great deal of attention as it pertains to the juvenile justice system is Transfer laws. According to an article entitled "Juvenile Transfer Laws: An Effective Deterrent to Delinquency?", transfer laws are designed to expand the types of offenses and offenders eligible for transfer from the juvenile court for trial and sentencing in the adult criminal court (Redding, 2008)." These laws also reduced the age at which juveniles are eligible for transfer, increased the number of offenses that are transferable, and increased prosecutorial discretion. The purpose of the transfer laws was to have greater penalties for certain offenses. Law makers believed that transfer laws will assist in deterring juveniles from committing the most serious crimes.
"The article reports that it is unclear whether or not trying juveniles in Criminal Court as opposed to juvenile court deters crime. In fact the author points out the results of six large studies which found that the recidivism rates of those tried in Criminal Court was greater than the rate of those tried in juvenile court. . "
Sample of Sources Used:
- Parens Patriae. Retrieved September 30 from; http://legal-dictionary.thefreedictionary.com/Parens+Patriae
- Redding, R. E. (2008) Juvenile Transfer Laws: An Effective Deterrent to Delinquency? Retrieved September 30 from; http://www.ncjrs.gov/pdffiles1/ojjdp/220595.pdf
- Soler M., Garry L. M. (2009) Reducing Disproportionate Minority Contact: Preparation at the Local Level. Retrieved September 30 from; http://www.ncjrs.gov/pdffiles1/ojjdp/218861.pdf
Cite this Term Paper:
Parens Patriae (2012, March 02) Retrieved September 28, 2023, from https://www.academon.com/term-paper/parens-patriae-150531/
"Parens Patriae" 02 March 2012. Web. 28 September. 2023. <https://www.academon.com/term-paper/parens-patriae-150531/>