NCJ Number
191091
Journal
Children's Legal Rights Journal Volume: 21 Issue: 1 Dated: Spring 2001 Pages: 21-31
Date Published
2001
Length
11 pages
Annotation
This document argues that the doctrine of parens patriae prohibits the execution of minors.
Abstract
The doctrine of parens patriae was first incorporated into the United States legal structure in the 1830's. Parens patriae has been described as “declaring the State to be the ultimate guardian of every child.” The doctrine serves as both a sword and a shield for juvenile rights. Courts have used it as a sword to attack and limit the constitutional rights of children, and as a shield to protect children from constitutional arrows. Courts have frequently addressed the tension between the constitutional rights of children and the extra protections intended by the doctrine. The United States Supreme Court has consistently affirmed the basic goals of the juvenile justice system, including those of providing guidance and rehabilitating juveniles. The lower courts continue to endorse the doctrine of parens patriae. However, a growing number of States have enacted legislation that rejects the doctrine, switching from the “best interest” model to an offense-based “just deserts” model. Since the first execution of a minor in 1642, over 361 juvenile offenders have been executed. Most juveniles are adults by the time of their execution. Attacks to juvenile justice’s original goal of rehabilitation and the court’s duty as parens patriae fail to recognize the inherent emotional, cognitive, psychological, and social differences between adults and children. The death penalty has been reserved only for society’s worst offenders--those that are deemed beyond rehabilitation. Children by nature can be rehabilitated. The death penalty is inconsistent with the doctrine of parens patriae. 166 endnotes