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NCJ Number: 134513 Find in a Library
Title: Death of the Parents Patriae Model (From Young Offenders Act: A Revolution in Canadian Criminal Justice, P 146-157, 1991, Alan W Leschied, Peter G Jaffe, et al, eds. -- See NCJ-134506)
Author(s): I M Schwartz
Date Published: 1991
Page Count: 12
Sponsoring Agency: University of Toronto Press
Toronto, Ontario M4Y 2W8, Canada
Sale Source: University of Toronto Press
Marketing Manager
10 St. Mary Street
Suite 700
Toronto, Ontario M4Y 2W8,
Type: Legislation/Policy Analysis
Language: English
Country: Canada
Annotation: This analysis of juvenile justice reform in the United States concludes that juvenile incarceration is likely to increase as a result of laws that are oriented toward protection of civil rights of minors and toward deterrence through strict punishment.
Abstract: Although the doctrine of parens patriae has not completely disappeared, it has been substantially weakened by the reforms. Decisions by the United States Supreme Court in the mid-1960's and early 1960's were prompted by cases regarding violations of civil rights and abuses of juvenile court discretion and power; they held that juveniles are entitled to a broad range of procedural protections previously denied to them. In the 1980's litigation over the rights of minors and the role of the juvenile court shifted to the States, which placed further restrictions on juvenile courts. Accompanying these changes has been a major change in juvenile detention and correctional policies, de-emphasizing treatment and rehabilitation and promoting punishment and protection of the public. These changes could lead to the elimination of the juvenile court, although the experience of Utah, which is providing both strong procedural safeguards and correctional programs that emphasize community-based approaches except for violent offenders, suggests that such a result is not inevitable. Table and 23 references
Main Term(s): Parens patriae; Rights of minors
Index Term(s): Canada; Foreign juvenile justice systems; Juvenile codes; Juvenile justice reform
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