NCJ Number
122350
Date Published
Unknown
Length
16 pages
Annotation
The doctrine of parens patriae, which has served as the legal and moral foundation of the American juvenile justice system for the last 142 years, is discussed by contrasting the theory and practice of its application in juvenile reformatories from the landmark decision of 1838 -- Ex parte Crouse -- until its extension and application as the underlying rational for the founding of the juvenile court in 1899.
Abstract
Ex parte Crouse and the ensuing legal decisions are reviewed revealing that nineteenth century judges invoked parens patriae and committed minors to reformatories for noncriminal acts. The theory was that reformatories were "schools" which would provide parental discipline, meaningful labor, religious instruction, education, and beneficial apprenticeships to their charges. The internal operation and effects of a number of juvenile reformatories are contrasted with the stated expectations of the courts. Records are examined, including annual reports, daily journals of superintendents and matrons, minutes of indenture committees, case histories, as well as a number of investigations. A significant disparity between the care promised minors and the implementation of parens patriae in nineteenth century institutions is suggested. References. (Author abstract modified)