One of the most important legal doctrines concerning childhood, youth and the juvenile justice systems, and can be traced back to medieval England is something called parens patriae. In simple terms, this doctrine states:
a. The king, in his total authority, has the right to conscript (draft) young men of any ageto be in his king's army
b. The king, in his presumed role as the "father" of his country had the legal authority totake care of "his" people, especially those who were unable, for various reasons(including age) to take care of themselves.
c. The king, as ruler of his country, has the right to arrest or confine any person,juvenile included, for any reason that the king sees fit.
d. Juveniles who are already considered delinquent are now considered beyond any
hope of rehabilitation, and as such can be incarcerated with impunity.
e. Juveniles who have been arrested for minor crimes can be released to their parents
without a court order, providing the parents are willing to assume responsibility for
their subsequent actions.
B
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