Juvenile - Tom Marler CJAD 101 Dropbox 7 May 9, 2010...

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Tom Marler CJAD 101 Dropbox 7 May 9, 2010 Juvenile Justice System During the early years in America people were treated the same no matter how old they were. As time progressed the justice system started to slowly recognize age and how it played in declaring punishment. By examining parens patriae, ex parte Crouse, juvenile court era and categories of children we understand how important the Juvenile Justice System is in protecting children from the harsh punishments imposed on adults who break the law. Before the introduction of the Juvenile Justice System children who committed crimes would receive no preferential treatment because of their youth. They were punished and imprisoned alongside adults. During the thirteenth century English prisons provided no leniency on age or undesirable behavior. Problems like epilepsy, insanity, retardation, and poverty were seen in the same light as crime and people who suffered from these condition were shut away in facilities shared by juvenile and adult offenders. These laws were unfair and unjust to minors and individuals who suffered from certain medical conditions. Early court philosophy dealt with these problems by adopting an early Roman principle called partria postestas. Under Roman law children are members of their family, but the father had absolute control over his children, and they in turn had an absolute responsibility to obey his wishes. This law understands the social role of children and strongly influenced English culture. The English revamped this idea into the legal principle called parens patriae which is a common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, abandoned, or is in need of care that the natural parents are unable or unwilling to
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Juvenile - Tom Marler CJAD 101 Dropbox 7 May 9, 2010...

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