The document discusses the doctrine of parens patriae and its relevance to juvenile courts. It explains that parens patriae refers to the state's role in protecting the welfare of children. The juvenile court system was established in the late 19th century due to concerns around neglected and abused children from urbanization. While juvenile courts grant children some constitutional rights, they are still based on the concept of parens patriae and aim to rehabilitate rather than punish young offenders. The document also compares the procedures of juvenile courts to adult courts, noting differences in charges, trials, sentencing goals, and other processes.

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Final Assignment
Timothy Daire
College of St. Elizabeth
JUS665 Legal and Critical Issues
Graduate Studies
Dr. Gibson
May 6th, 2015

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8. Discuss the doctrine of parens patriae and its relevance to the juvenile court.
The rise of the parens patriae system began in the United States at the end of the
19th century from massive urbanization due to large volumes of immigration which
ultimately concerned the well being of children who were neglected, could not care for
themselves, or were abused (Ventrell, 1998). This legislation opened the Juvenile Court
of Cook County, Illinois on July 1, 1899, which was “An Act to Regulate the Treatment
and Control of Dependent, Neglected, and Delinquent Children” (Ventrell, 1998). Under
the common law doctrine of parens patriae, the state has an obligation to ensure the
safety and well being of children (Kindred, 1996). There is a significant weight placed
on the privacy of family with regards to autonomy, but current constitutional theory
balances autonomy with the state’s interest in preventing criminal conduct or protecting
children from harm in regards to parens patriae (Kindred, 1996).
The evolving system of the juvenile courts successfully separated criminal
procedures for adults and children in the Supreme Court decision of Gerald Gault
(Ramirez, 2008). The U.S. Supreme court established that juveniles are guaranteed the
same rights as adults such as the right to counsel, the right of notice, the right to cross-
examine witnesses, and the privilege against self incrimination (Ramirez, 2008). The
Gault court did not dismantle parens patriae, by stating “we do not in this opinion
consider the impact of these constitutional provisions upon the totality of the relationship
of the juvenile and the state” (Ventrell, 1998).

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System actors and litigants are responsible for balancing the “best interests of a
child” standard, with respect to family autonomy (Ventrell, 1998). While balancing “best
interests” and “family preservation,” the dependency court processes child maltreatment
cases through five proceedings: preliminary, adjudication, disposition, termination, and
adoption (Ventrell, 1998). If it its determined that the family can not be preserved
through a disposition hearing, the state must prove parental unfitness by no less than clear
and convincing evidence in the termination phase (Ventrell, 1998).
6. Discuss the four problems confronting the lower courts in the United States.
Over the years, the lower courts have gone through a variety of problems and only
show a glimpse of what the adversarial process should really look like (Neubauer and
Fradella, n.d). The eleventh edition of America’s Courts and the Criminal Justice System
categorizes the four problems as inadequate financing, inadequate facilities, lax court
procedures, and unbalanced caseloads (pg. 101). Inadequate financing can be seen in
small municipalities and sparsely populated counties, which lack to adequately staff and
equip their courtrooms (Neubauer and Fradella, n.d). These lower courtrooms are
responsible in some cities to generate funds for local governments, and even though some
courts generate more revenue than their operating expenses, the funds are allocated to pay
for city services, and not the day-to-day operations of the court (Neubauer and Fradella,
n.d). Inadequate financing contributes to more problems such as inadequate facilities,
which can contribute to leaving a bad impression that the court is more interested in

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collecting a fine than it is in exerting due diligence with respects to finding the truth
which contributes to public distrust (Neubauer and Fradella, n.d).
Lax court procedures is detrimental in determining the effectiveness of lower
courts based on the neglect of book keeping, which determines how much money the
court spends and collects (Neubauer and Fradella, n.d). A major problem with lower
courts is the disparity of justice that is being given based on the jurisdiction of the
specific court, caused by moderate to heavy caseloads (Neubauer and Fradella, n.d).
Problems with the amounts of caseloads affecting lower courts are extremely varied, and
treatment many vary significantly depending on jurisdiction (Neubauer and Fradella,
n.d).
7. What are lower courts doing to try to work more closely with the communities
they serve?
Lower courts are trying to work to allow a forum to hear cases that initiate more
individualized, particularistic, and responsive community based justice (Silbey, 1981).
Lower courts are working to relieve tensions between substantive and procedural
demands, social justice and social control, crime control and due process, rule
enforcement and dispute resolution, and also the relationship of efficiency and
responsiveness (Silbey, 1981). Lower courts are trying to work closely with communities
by having a sense of autonomy, which reproduces social order by treating cases in
conjunction with the morality, values, and goals of the specific community the court

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serves by either initiating tough punishments on certain crimes or being lenient (Silbey,
1981).
Social, economic, technological, and policy trends are shaping the way courts are
altering and revolutionizing the way they provide justice services and conduct business
(Martin and Wagenknecht-Ivey, 2011). Taking advantage of technological advances can
efficiently speed up portions of the judicial process, which in turn can successfully
allocate more time and attention by giving the community the justice they deserve
(Martin and Wagenknecht-Ivey, 2011).
A rise in alternative sentencing can be very beneficial to the community by
sentencing offenders to pay their debt to society by doing community service with a non-
profit organization which can not only benefit the community, but will also efficiently
lower incarceration rates (Ellis, 2011). Offenders can also learn new skills and develop
good work habits, which may help an offender more than if he went to jail (Ellis, 2011).
9. Explain how the juvenile court differs from the adult court. Provide at least four
examples of how proceedings differ.
A person who is charged with a crime in most states between the age of 10 and 18
are considered to be juvenile, however, in some occasions a juvenile can be charged as an
adult at the age of 16 or 17, and also may be charged as an adult depending on how
heinous the crime was (Hirby, n.d). Court proceedings differ from a person being
charged as a juvenile and a person being charged as an adult (Hirby, n.d). A juvenile is
generally charged with a delinquent act, compared with an adult being charged with a
crime (Hirby, n.d). Juveniles are not afforded a public trial, and are usually at the mercy

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of the judge’s discretion (Hirby, n.d). The rules of evidence are less formal in juvenile
court in many states, allowing better utilization of the adversarial process by making it
easier for both sides to plead their case (Hirby, n.d).
When an adult is convicted of a crime, the focus is for the convicted to be
punished by fines or penalties such as incarceration (Hirby, n.d). When a juvenile is
found to commit a delinquent act, the focus is on rehabilitation and education to better
acclimate a juvenile to society through probation or parole, counseling, and or restitution
to the victim or society by means such as community service (Hirby, n.d).
Some other procedural differences are that juveniles do not have bail hearing, and
cannot receive bail, but have a detention hearing, and must prove that the juvenile is not a
flight risk or danger to society before adjudication (Komisaruk, 2007). As an adult has a
complaint or indictment against them, a juvenile has a petition, and is considered to be a
respondent, not the adult version of a defendant (Komisaruk, 2007). Juveniles in some
cases such as minor offenses can receive more severe consequences then an adult would
such as longer probation and community service, and other miscellaneous consequences
such as curfews and ordered to receive good grades (Komisaruk, 2007).
3. The U.S. Supreme Court is an extremely important institution because it shapes
national criminal justice policy. Explain why this is so. Be sure to provide examples
and discuss the trends of the Warren, Burger, Rehnquist, and Roberts Courts.
In regards to criminal justice, U.S. Supreme Court decisions affect institutions,
actors, and processes such as police investigations, corrections, and parole (Smith, n.d).

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Judicial policy making and constitutional law is controlled by the attitudes, values, and
judicial philosophies of the majority of the nine Supreme Court justices (Smith, n.d).
Since Supreme Court justice membership changes over time, criminal justice policy also
changes to reflect new Supreme Court justice’s judicial philosophies which is evident in
how they vote on controversial issues that can change the supreme law of the land
(Smith, n.d). Presidential appointment of Supreme Court justices can have a profound
affect on criminal justice policy because a president can appoint a Supreme Court justice
who reflects their views (Smith, n.d).
Chief Justice Earl Warren was replaced by President Nixon’s appointment of
Warren Burger because President Nixon wanted the Court to reduce the scope of criminal
defendant’s constitutional rights and move away from the liberal ideology produced by
the Warren Court era (Smith, n.d). The Warren Court caused a constitution revolution by
perhaps being the most collectively liberal group of Supreme Court Justices in United
States history (Smith, n.d). The trends of the Rehnquist Court favored federalism and
social liberalism compared with the predecessor of the Roberts Court which can be seen
as conservative (Boundless, 2014). The Roberts Court, in it’s first five years, handed
down many rulings on controversial issues such as gun control, affirmative action,
campaign finance regulation, abortion, capital punishment, and criminal sentencing
(Boundless, 2014).

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References
Ventrell, M. (Fall, 1998) Evolution of the Dependecy Component of the Juvenile Court.
Retreieved May 5th, 2015 from
http://www.juvenilelawsociety.org/upload/evolutionofthedependencycour.pdf
Ramirez, F. (May, 2008) Juvenile Delinquency Current Issues, Best Practices, and
Promising Approaches. Retrieved May 5th, 2015 from
https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_
magazine_index/juveniledelinquency.html
Kindred, Kay P., "God Bless the Child: Poor Children, Parens Patriae, and a State
Obligation to Provide Assistance" (1996). Scholarly Works. Paper 52.
http://scholars.law.unlv.edu/facpub/52
Neubauer, D. W., & Fradella, H. F. (n.d.). America’s Courts & CJ system. (11th ed.)
United States of America: Wadsworth, Cengage Learning
Hirby, J. (n.d.) Difference Between Juvenile and Adult Justice Systems. Retrieved May
5th, 2015 from
http://thelawdictionary.org/article/difference-between-juvenile-and-adult-justice-systems/
Komisaru, K. (2007). Differences Between Juvenile and Adult Court. Retrieved May 5th,
2015 from
http://www.lawcollective.org/article.php?id=64
Silbey, S.S. (1981), Making Sense of the Lower Courts, Justice System Journal, volume
6(1), pages 13-21.
Martin, J. M (2011) Future Trends in State Courts. Retrieved May 5th, 2015 from
http://www.ncsc.org/~/media/Microsites/Files/Future%20Trends/Author%20PD
Fs/Martin%20and%20Ivey.ashx
Ellis, S. (February 20, 2011) Court-Ordered Community Service: Volunteers or
Prison Labor? Retrieved May 5th, 2015 from
http://www.blueavocado.org/node/619
Smith, C.E. (n.d.), The Impact of New Justices: The U.S. Supreme Court and Criminal
Justice Policy Retrieved May 6th, 2015 from
https://www.uakron.edu/dotAsset/726718.pdf
Boundless. “Two Judicial Revolutions: The Rehnquist Court and the Roberts Court.”
Boundless Political Science. Boundless, 17 Jul. 2014. Retrieved 02 May. 2015 from
https://www.boundless.com/political-science/textbooks/boundless-political-science-
textbook/the-judiciary-14/judicial-review-and-policy-making-93/two-judicial-
revolutions-the-rehnquist-court-and-the-roberts-court-510-936/

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