Laws and Court Cases Pertaining to Children: Offenders and Victims
The creation of the Juvenile Court in Cook County IL in 1899, followed by the establishment of juvenile courts in all other states, led to the development of a juvenile justice system.
Abuse of the parens patriae (parent substitute) principle by some officials and judges led to the involvement of the U.S. Supreme Court in matters pertaining to juvenile justice. These abuses included violation of civil rights, questionable police practices relating to questioning, interrogation, arrest procedures and detention of juveniles were challenged and declared unconstitutional by the Court. Other cases brought before the court pertained to the judicial process, detention and sentencing of juveniles The U.S. Supreme Court often referred to the principle of fundamental fairness in its decisions on the violation of the constitutional rights of juveniles.
KeywordsLaw Due process rights Parens patriae Fundamental fairness principle “Best interests of the child” Preventive detention U.S. Supreme Court decisions
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