Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Term Paper

Critical Analysis Of Whether Or Not Parens Patriae Should Remain The Standard In The Processing Of Juvenile Offenders - Term Paper Example Among the many functions attributed to the Monarch in Medieval England and Scotland, he was also the â€Å"father of the country† or parens patriae. This philosophy that initially referred to the Monarch’s powers as the guardian of all his people, including the ones who were unable to take care of themselves, was later turned into a jurisdictional power whereby the courts could assume the role of guardians (of the infirm, mentally disabled persons and children) and could make decisions regarding their well-being, custody and maintenance on their behalf. In the words of Craig this power of parens patriae was â€Å"†¦strictly all pupils, lunatics and imbeciles are under the care and protection of his Majesty †¦[f]or he is â€Å"pater patriae†; and the care of all such persons belongs to him as protector of the helpless† and at another place he wrote â€Å"[b]y the law of England both the custody of the persons of lunatics and imbeciles and the pre servation of their feudal estates belong to the king †¦Ã¢â‚¬ . Moreover the first mention of this prerogative powers was made in thirteenth-century De Praerogativa Regis, this prerogative powers were eventually shifted to the Court of Chancery exercised by Lord Chancellor. Subsequent legislation not only included this prerogative power of the King as law but also gradually expanded the premise. The following acts for example were vital in ensuring that parens patriae conferred proper jurisdiction on the courts to take decisions on behalf of persons unable to make their own decisions: The Curators Act 1585, Exchequer Court (Scotland) Act 1856, Custody of Infant Rights in 1839, The Tenures Abolition Act 16603 and others. More recently, this jurisdictional power of parens patriae was employed in Law Hospital NHS Trust v. Lord Advocate4 (1996) where the judges, acting as parens ruled in favor of withdrawing life-support machine of a woman who was in persistent vegetative state (PV S). This case was a rare one, as it sparked debates regarding euthanasia and also renewed debate about the scope and application of parens patriae .Initially, this philosophy of parens patriae was used in guardianship and custody cases, wardship situations, gradually, the chancery courts extended the scope of parens to general welfare of children, including control, custody, and proper care. This gave the court the right to act as a parent to such children, to act as loco parentis, and provide for their well-being. According to Abramowicz (1999) this ancient English Law doctrine is now used in United States and United Kingdom to protect the mentally ill; the law of juvenile courts etc. However, initially parens patriae was not used to confer such powers on the courts to act as guardians of the juvenile offenders. Juvenile offenders are those children who act against the law, induldge in crimes, and are likely to make it a habit to do so. The court, acting on their behalf, considers proper measures for them, for their rehabilitation and reinvention as responsible citizens. Parens patriae is one of the most integral component of the law on juvenile offenders. Whence, the major strength of parens patriae lies in the fact that the delinquents of the society get protection and refuge in society rather than being homeless and helpless. The welfare state recognizes that it is its responsibility to ensure that all citizens get the protection they demand from the former. According to the book, Juvenile Delinquency, An Integrated Approach5, it is the philosophy of parens patriae that bestows authority upon the Juvenile Courts. At this point in this paper, it is pertinent that a little light be shed on the history of Juvenile Courts. Initially, juvenile offenders were treated with adults and as adults; there were no special provisions, verdicts or courts. Before the creation of