Whitehead: Juvenile Justice, 7th Edition


Case Studies with Questions and Answers

Chapter 02: The History of Juvenile Justice

Carl has been in and out of trouble his entire life. At age 15, he has already been brought to the juvenile court for a wide range of behaviors over the years by the police, the school, and even his parents. Most of his behavior has involved property offenses and simple confrontations with other youths his age. The minor nature of his actions has typically resulted in minimal action by the system. Most of the time he has been sent home with a stern warning by the police or the juvenile prosecutor. When he has gone before the judge he has been put on unsupervised probation.

This time Carl has been arrested for a major theft from the home of a local elderly couple that involved his entering the house when no one was home. The decision has been made to take more formal action in this instance. The initial investigation into his behavior and home life has revealed evidence of psychological and minor physical abuse. The parents display a surprising lack of concern for Carl and have told the court to do whatever it wants with him. This lack of concern surprises the intake officer, especially given the fact that the family is well off and well respected in the community. The intake officer makes the statement that it is a shame how kids are treated now.

Questions

  1. Is Carl, and other children like him, being treated so badly by his family, particularly in light of past history?
  2. Correct Answer

    In reality, children today are treated better than ever before. The past status of children as property allowed for great indifference toward them. Practices such as infanticide, abandonment, and forced labor are not prevalent today as they were in the past.


  3. Taking steps to help Carl rather than punish him for his actions reflects a different philosophy than what is expected in the adult system. What is this philosophy?
  4. Correct Answer

    The philosophy is called "parens patriae" and reflects the idea that the state should act as a benevolent parent. The goal is to work in the best interests of the child, rather than punish him or her just to appease society.


  5. What legal (due process) protections are offered to Carl in this case?
  6. Correct Answer

    In general, Carl has limited due process protections, particularly in light of the parens patriae philosophy. At the same time, Carl does have some rights, particularly in terms of having counsel.


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