25 Jan 2023

78

Parens Patriae: The Parent of the Nation

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Parens patriae is an Italic language word for ‘parent of the nation.’ In law, the term refers to the state's civic policy authority to intercede in opposition to a brutal or irresponsible guardian, chummy caretaker, or legal parent ( Fenny, 2017) . It acts as the guardian of any child or person who needs protection. For instance, some children and disabled persons have no guardians ready to offer sufficient care, thus in need of state intercession. In the United States legal proceedings, parens patriae can become petitioned by the state to develop its position to prosecute; the government proclaims itself to get prosecuting on behalf of its citizens. In particular, the ‘Hart-Scott-Rodino Antitrust Improvement Act of 1976,' via 'Clayto Act Section 4C,' allows the state attorney general to lodge parens patriae cases on behalf of individuals harmed by 'Sherman Antitrust Act' contraventions. In the case of Graham v. Florida (130 S.Ct. 2011, 2010), elaborating on Roper's inquiry in and argumentation, the Supreme Court ruled that it was illegal to obtrude the life incarceration punishment in the absence of the likelihood of retribution on teenagers. Besides, the judge indicated that teenage individuals encounter challenges when partaking in their representation ( Feld, 2019) . Whereas ‘a state requires not warrant the culprit ultimate ransom, it ought to offer a few reasonable chances to acquire liberty before the conclusion of that term.’ Second, under Miller v. Alabama, 567 U.S. 460 (2012) case, the bench proceeded on with the ‘Roper-Graham’ sequence of lawsuits and ruled that teenagers shall not become convicted to life-incarceration in the absence of amnesty for murder felonies, in the circumstance where such a punishment is the sole recourse. According to Feld (2019), vindicating determinants ought to become reckoned before convicting a teenager to life imprisonment in absence of the prospect of exculpation. Lastly, in Bredd v. Jones, 421 U.S. 519 (1975) lawsuit, the Supreme Court clarified that upon juvenile trial in a verdict inquest, it is a breach of the ‘Double Vulnerability Clause of the 5 th Amendment to give them a felonious inquiry for the similar decree eventually. Gault and its scions constricted the variations betwixt the grown-up nefarious procedure and teenager procedure. However, McKeiver and others are didactic nudges that the legal procedure stipulations forced by the Constitution are not similar for juvenile offenders and grown-up culprits. The 'Federal Juvenile Delinquency Act' is an essential aspect of this topic. The act describes a juvenile as an individual who has not yet reached eighteen years ( Siegel et al., 2018) . At this age of eighteen, the individual is handled as a grown-up for the usefulness of the law. This aspect is principal to the parens patriae topic since there have been concerns about taking juveniles as grown-ups that got the Juvenile Justice System's attention. 

References 

Feld, B. C. (2019).  The evolution of the juvenile court: Race, politics, and the criminalizing of juvenile justice  (Vol. 4). NYU Press. 

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Fenny, O. (2017). Parens Patriae.  The Encyclopedia of Corrections , 1-3. 

Siegel, L. J., Schmalleger, F., & Worrall, J. L. (2018).  Juvenile Courts  [PowerPoint slides]. 

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StudyBounty. (2023, September 17). Parens Patriae: The Parent of the Nation.
https://studybounty.com/parens-patriae-the-parent-of-the-nation-essay

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