NCJ Number
6811
Journal
Crime and Delinquency Volume: 18 Issue: 1 Dated: (JANUARY 1972) Pages: 68-78
Date Published
1972
Length
11 pages
Annotation
THE DOCTRINE OF PARENS PATRIAE AS APPLIED TO DELINQUENT CHILDREN AND DELINQUENCY PREVENTION IN THE NINETEENTH CENTURY IS EXAMINED.
Abstract
HOUSES OF REFUGE AND REFORM SCHOOLS ESTABLISHED IN NINETEENTH-CENTURY AMERICA ATTEMPTED TO SECURE THE PARENTAL AUTHORITY OF THE STATE OVER DESTITUTE AND DELINQUENT CHILDREN. THESE INSTITUTIONS CLAIMED THAT SUCH CONTROL WAS NECESSARY TO PROTECT CHILDREN FROM THE GRASP OF PARENTS WHOSE INDIFFERENCE OR BAD EXAMPLE WAS THE ROOT CAUSE OF MOST DELINQUENCY. THE INITIAL LEGAL TESTS OF REFORM SCHOOL AUTHORITY SUSTAINED THE INSTITUTIONS, IN PART BECAUSE OF THEIR EXAGGERATED CLAIMS OF REFORMATION. AFTER THE CIVIL WAR, HOWEVER, REFORM SCHOOL LIFE WAS INCREASINGLY CHARACTERIZED BY THE EXPLOITATION AND BRUTALITY ASSOCIATED WITH THE WORKSHOP SYSTEM, AS A RESULT, SOME LEGAL DECISIONS BROKE PRECEDENT TO FAVOR THE RIGHTS OF NATURAL PARENTS OVER THOSE OF THE REFORM SCHOOL AND TO REQUIRE COURTS TO FOLLOW CONSTITUTIONAL PROCEDURES WHEN HEARING CASES INVOLVING CHILDREN ACCUSED OF CRIMES. ALSO, THE ESTABLISHMENT OF CHILD-PLACING ORGANIZATIONS AND OF EARLY JUVENILE PROBATION PLANS REFLECTED A GROWING SENTIMENT IN FAVOR OF KEEPING CHILDREN OUT OF REFORM SCHOOLS. IN THIS CONTEXT, THE FOUNDING OF JUVENILE COURTS MAY BE SEEN AS BOTH THE CULMINATION OF DISTRUST IN CUSTODIAL INSTITUTIONS AND AN ATTEMPT TO RECAST THE PARENTAL AUTHORITY OF THE STATE IN A DIFFERENT MOLD. AUTHOR ABSTRACT