ArtsAutosBooksBusinessEducationEntertainmentFamilyFashionFoodGamesGenderHealthHolidaysHomeHubPagesPersonal FinancePetsPoliticsReligionSportsTechnologyTravel

Parens Patriae- The Law of The Land

Updated on May 23, 2011

Parens Patriae is a doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf. The term Parens Patriae means father of the country in Latin and used in juvenile cases that involve child abuse or a child that is in danger with the environment that he or she is in.

Agreement of Nations
Agreement of Nations | Source

In The Beginning

The Parens Patriae doctrine was first developed in English common law. It was first invoked by the kings’ bench in 1608 and was meant for those parents that were without moral mind, and were ultimately unable to parent children. In feudal times various obligations and powers, collectively referred to as the "royal prerogative," were reserved and ultimately relied on the king to protect the children of his country. The king exercised these functions in his role of father of the country, exercising the doctrine of Parens Patriae.

The way it was


When the Parens Patriae doctrine was created it made juveniles have no legal rights or standing in any court. But it allowed for juveniles to have a chance and to be protected when the situation called for it. If a juvenile had committed a crime then his/her fate was in the hands of a chancellor, who was acting on behalf of the kings agents. The children became wards of the court and the court was vested with the responsibility of their well-being. The parents had no legal way to change the courts decisions, and ultimately forced to lose all there parental rights as well, leaving the kids and parents powerless. This would pose a problem in later cases in the United States.


Although the doctrine is old, it has stayed intact through the 17th and 18th centuries and is used quite often in cases involving juveniles today.

The State's Reason

Parens patriae, as promoted in National Socialist Germany.
Parens patriae, as promoted in National Socialist Germany. | Source

the rules today

The doctrine of Parens Patriae has been expanded in the United States to permit the attorney general of a state to commence litigation for the benefit of state residents for federal antitrust violations. This authority is intended to further the public's trust, safeguard the general and economic welfare of a state's residents, protect residents from illegal practices, and assure that the benefits of federal law are not denied to the general population. Although there is a very wide inconsistency from state to state when Parens Patriae is used, it's sole purpose is to protect the mentally and physically restricted of our nation.

In the United States, the Parens Patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents, or the lack of guardianship. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.

Today the Parens Patriae Doctrine has been altered to give juveniles a better chance to rehabilitate. Most cases are nominal or conditional, which means that most cases end in community service, verbal warning, or a fine. Confinement for juveniles today is used as a last resort, and most cases are tried at the juvenile level, rather than the criminal level. Juveniles today also have a chance to appeal a decision in most cases and our read their Miranda rights before being placed into custody. This change was due in large part to In Re Gault.

Resources

Hiddenvalue24

Champion, Dean John. The Juvenile Justice System (Delinduency, Processing, and the Law). 6thth ed. Upper Saddle River, NJ: Pearson Prentice Hall, 2008. 6-10. Print.

Law, American. "Parens Patriae." Google, 2010. Web. 29 Mar. 2011. <http://law.jrank.org/pages/9014/Parens-Patriae.html>.

Comments

    0 of 8192 characters used
    Post Comment

    • profile image

      Joan Mullins 

      14 months ago

      This article was very enlightening, it helped me to under the parens patriae a little bit better.

    working

    This website uses cookies

    As a user in the EEA, your approval is needed on a few things. To provide a better website experience, hubpages.com uses cookies (and other similar technologies) and may collect, process, and share personal data. Please choose which areas of our service you consent to our doing so.

    For more information on managing or withdrawing consents and how we handle data, visit our Privacy Policy at: https://hubpages.com/privacy-policy#gdpr

    Show Details
    Necessary
    HubPages Device IDThis is used to identify particular browsers or devices when the access the service, and is used for security reasons.
    LoginThis is necessary to sign in to the HubPages Service.
    Google RecaptchaThis is used to prevent bots and spam. (Privacy Policy)
    AkismetThis is used to detect comment spam. (Privacy Policy)
    HubPages Google AnalyticsThis is used to provide data on traffic to our website, all personally identifyable data is anonymized. (Privacy Policy)
    HubPages Traffic PixelThis is used to collect data on traffic to articles and other pages on our site. Unless you are signed in to a HubPages account, all personally identifiable information is anonymized.
    Amazon Web ServicesThis is a cloud services platform that we used to host our service. (Privacy Policy)
    CloudflareThis is a cloud CDN service that we use to efficiently deliver files required for our service to operate such as javascript, cascading style sheets, images, and videos. (Privacy Policy)
    Google Hosted LibrariesJavascript software libraries such as jQuery are loaded at endpoints on the googleapis.com or gstatic.com domains, for performance and efficiency reasons. (Privacy Policy)
    Features
    Google Custom SearchThis is feature allows you to search the site. (Privacy Policy)
    Google MapsSome articles have Google Maps embedded in them. (Privacy Policy)
    Google ChartsThis is used to display charts and graphs on articles and the author center. (Privacy Policy)
    Google AdSense Host APIThis service allows you to sign up for or associate a Google AdSense account with HubPages, so that you can earn money from ads on your articles. No data is shared unless you engage with this feature. (Privacy Policy)
    Google YouTubeSome articles have YouTube videos embedded in them. (Privacy Policy)
    VimeoSome articles have Vimeo videos embedded in them. (Privacy Policy)
    PaypalThis is used for a registered author who enrolls in the HubPages Earnings program and requests to be paid via PayPal. No data is shared with Paypal unless you engage with this feature. (Privacy Policy)
    Facebook LoginYou can use this to streamline signing up for, or signing in to your Hubpages account. No data is shared with Facebook unless you engage with this feature. (Privacy Policy)
    MavenThis supports the Maven widget and search functionality. (Privacy Policy)
    Marketing
    Google AdSenseThis is an ad network. (Privacy Policy)
    Google DoubleClickGoogle provides ad serving technology and runs an ad network. (Privacy Policy)
    Index ExchangeThis is an ad network. (Privacy Policy)
    SovrnThis is an ad network. (Privacy Policy)
    Facebook AdsThis is an ad network. (Privacy Policy)
    Amazon Unified Ad MarketplaceThis is an ad network. (Privacy Policy)
    AppNexusThis is an ad network. (Privacy Policy)
    OpenxThis is an ad network. (Privacy Policy)
    Rubicon ProjectThis is an ad network. (Privacy Policy)
    TripleLiftThis is an ad network. (Privacy Policy)
    Say MediaWe partner with Say Media to deliver ad campaigns on our sites. (Privacy Policy)
    Remarketing PixelsWe may use remarketing pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to advertise the HubPages Service to people that have visited our sites.
    Conversion Tracking PixelsWe may use conversion tracking pixels from advertising networks such as Google AdWords, Bing Ads, and Facebook in order to identify when an advertisement has successfully resulted in the desired action, such as signing up for the HubPages Service or publishing an article on the HubPages Service.
    Statistics
    Author Google AnalyticsThis is used to provide traffic data and reports to the authors of articles on the HubPages Service. (Privacy Policy)
    ComscoreComScore is a media measurement and analytics company providing marketing data and analytics to enterprises, media and advertising agencies, and publishers. Non-consent will result in ComScore only processing obfuscated personal data. (Privacy Policy)
    Amazon Tracking PixelSome articles display amazon products as part of the Amazon Affiliate program, this pixel provides traffic statistics for those products (Privacy Policy)