1. evolution of state role in treatment of children

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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his Intervention Policies in Juvenile Justice course materials.

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1. evolution of state role in treatment of children

  1. 1. Child Welfare and the State in the Ancient WorldThe beginning of parens patriae 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  2. 2. Parens PatriaeThe doctrine that establishes the right of the stateto act on behalf of the child 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  3. 3. In Loco ParentisWhen the state or its designated agent provides care andprotection equivalent to that of the natural parent(in place of the parents) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  4. 4. Children and the State in the Ancient World The • Designed to prevent strong from injuring Hammurabi the weak Code • Defined crimes and set punishments • Established a father as head of family unit 1752 BC • Father’s role strictly enforced through power of the state • Provided for adoption of children • Misconduct by child outside family unit subject to same punishments as adult 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  5. 5. Children under Early Roman LawDoctrine of Patria Potestas continued tradition of father’s absolute control over family matters 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  6. 6. Unwanted children in ancient RomeInfanticidethroughexposure.In Rome acolumn near theVelebrum,where babyRomulus andRemus werediscovered, wasthe unofficialdesignated spot. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  7. 7. Assignment of GuardianshipEarliest and most consistent form of state intervention on behalf of children 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  8. 8. Three Types of Guardianship established under Roman Law• Tutela Legitima: guardianship fell to the senior surviving male relative• Tutela Testamentaria: Guardianship designated by the natural father prior to his death• Tutelia Atiliana: Guardianship assigned by government officials (praetor urbanus) 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  9. 9. Guardianship under Roman LawFocused on protecting children’s property rights 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  10. 10. Evolution of Roman Law under Byzantine State (500 AD to 1453)• Outlawed exposure in 541 by classifying the act as murder• Established network of state and church run orphanages• Orphanotropheion in Constantinople stood for a 1000 years• Increased laws protecting property rights of children placed in guardianship• Expanded practice of adoption 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  11. 11. Ancient Roman Law and the Juvenile Delinquent Assigning criminal responsibility 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  12. 12. mens reathe Latin term for "guilty mind” actus non facit reum nisi mens sit rea“the act does not make a person guilty unless the mind be also guilty.” 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  13. 13. CHILDREN AND CRIMINAL RESPONSIBILITY IN ANCIENT ROME UNDER AGE 7- NO RESPONSIBILITY 7 TO PUBERTY – SOME RESPONSIBILITY PUBERTY TO 25 – RESPONSIBILITY WITH AGE CONSIDERATIONS 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  14. 14. Orphans and the Evolution of State Care The Church Takes the Lead 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  15. 15. Ospedale degli Innocenti, Florence (1411)Hospital of the Innocents 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  16. 16. Swaddled infant 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  17. 17. The Foundling WheelFoundling wheelat the Ospedaledegli Innocenti 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  18. 18. Growth of Parens Patriae in the Middle AgesMagna Carta 1215 – re-established the role of thestate in ensuring the protection of orphanedchildren and their property through the appointmentof guardians. 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  19. 19. CHANCERY COURTS 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  20. 20. Growth of Parens Patriae in the Middle Ages• 1500 Chancery Court – extended right of the English king to assign guardianship over orphaned children• 1562 English Parliament passes the Statute of Artificers allowing government to involuntarily separate children from pauper parents• 1601 English Poor Law Act allows government to place poor children in bondage to local residents as apprentices 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  21. 21. Scenes of the Poor House 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  22. 22. Typical Workhouse/BridewellOrigins of Institutional Intervention 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  23. 23. Children and Criminal Responsibility in the Middle Ages• One to Seven = no criminal responsibility• Eight to Puberty = limited criminal responsibility• 14 and over = criminal responsibility 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  24. 24. THE EVOLUTION OF INSTITUTIONS FOR THE POOR, DEPRAVED AND DELINQUENT 1703 Hospice San Michele established by Pope Clement XI 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013
  25. 25. Hospice San Michele• Congregate work station for offenders• Solitary confinement for incorrigible• Enforced silenced• Wearing of hoods“It is insufficient to restrain the wicked by punishment unless you render them virtuous by corrective discipline 40 Boardman Place www.cjcj.org San Francisco, CA 94103 © Center on Juvenile and Criminal Justice 2013

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