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CJA 374 Week 1 DQ 3 tough policy

What is the doctrine of parens patriae? What are its origins? Does parens patriae continue to influence juveniles courts today? If you had a child who was arrested, would you prefer a get-tough policy or the parens patriae standards? Why?

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The doctrine of Parens Patriae grants power and authority to the state to provide protection to individuals who are legally unable to act on their behalf. A good example would be individuals who are mentally ill/handicapped and of course juveniles who are under parental care until they are 18 years of age. Considered the “Royal Prerogative,” parens patriae gain edits roots in English Common Law. The King would extend his rights to utilize this function per his own prerogative as he saw fit when exercising law. The United States uses it to protect those who were described earlier including children and mentally handicapped. This is an important function as it permits the state to step in on behalf of the child and impede protection when the child’s parent/guardian is not capable of handling the responsibility, fail,

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