Under which doctrine are delinquent acts not considered criminal violations nor are delinquents considered criminal?

Question

Social Studies

Paxton Lawrence

2 December, 20:19

Under which doctrine are delinquent acts not considered criminal violations nor are delinquents considered criminal?

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Answers (1)

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Allyson Massey · Answer 1

Parens Patriae

Explanation:

A doctrine that grants the inherent power and authority of the state to protect persons who are legally unable to act on their own behalf.

The parens patriae doctrine has its roots in English Common Law.

In the United States, the parens patriae doctrine has had its greatest application in the treatment of children, mentally ill persons, and other individuals who are legally incompetent to manage their affairs. The state is the supreme guardian of all children within its jurisdiction, and state courts have the inherent power to intervene to protect the best interests of children whose welfare is jeopardized by controversies between parents. This inherent power is generally supplemented by legislative acts that define the scope of child protection in a state.

The state, acting as parens patriae, can make decisions regarding mental health treatment on behalf of one who is mentally incompetent to make the decision on his or her own behalf, but the extent of the state's intrusion is limited to reasonable and necessary treatment.