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Punishing Parents for the Crimes of Their Children

NCJ Number
210534
Journal
Howard Journal of Criminal Justice Volume: 44 Issue: 3 Dated: July 2005 Pages: 233-253
Author(s)
Raymond Arthur
Date Published
July 2005
Length
21 pages
Annotation
This article examines the efficacy of parental responsibility laws that punish parents for the crimes of their children.
Abstract
In the Anti-Social Behaviour Act 2003 (United Kingdom), families and family life were identified as both a cause and a solution to youth offending. In the white paper that preceded the bill, families and parents of juvenile delinquents were accused of “failing to meet their responsibilities to their communities.” Thus was born a profusion of parental responsibility laws that are based on the assumption that parents of juvenile delinquents are simply not parenting responsibly and can be forced to do so through legislation and the imposition of financial penalties. The author examines the effectiveness of such laws and argues that juvenile offending can best be reduced through policies that strengthen the family and improve parenting skills. The history of parental responsibility laws in England and Wales is reviewed, as are two main legal precedents on the duty to support families: Article 27 of the Convention on the Rights of the Child and the Children Act 1989, which identifies a governmental role in helping families meet their parental responsibilities. In closing, the author argues that parental responsibility laws oversimplify the complex relationship between parenting and delinquency and a more progressive approach would work toward helping families meet the needs of their children as set out in the Children Act 1989. Notes, references