Vicarious Liability Vs Parental Responsibility Statues

Today, obtaining a license is necessary for a many activities including: driving, hunting, fishing, scuba diving, teaching, and practicing medicine, to name a few. In recent debate, licensing another aspect in our lives has arisen: parenting. Although incompetent parents exist, the need for a license to parent is an unethical and unconstitutional requirement that is impossible to regulate both before and after the birth of the child.

United States can be analyzed to support the charge. The case involved Shirley Green who was not the legal guardian of a child that failed to provide food and medicine for the child resulting in his death. She was charged with involuntary manslaughter, but it was reversed because there was no finding of legal duty CITE218. Legal duty is a critical element is cases and since Mrs. Kones has a legal duty for the care of John Jr. she can be charged with this crime. Within the text it explains that someone ca be held criminally liable when there is a statute that imposes a duty. Next, when someone has a certain relationship to another. When someone accepts a contractually duty to care for someone. Finally, when someone voluntarily assumes the responsibility to care for another CITE 218. The next individual that can fall under this category is the defendant’s husband, Charley Kones, despite not being the biological father of the child, upon marrying Cynthia he assumed responsibility for her offspring. This can be supported by the case of People v. Carroll were a stepmother was charged with child endangerment for failing to stop he husband from killing his daughter CITE229. The New York Court of Appeals concluded that the stepmother had a duty to care for her husband’s children because “a person who acts as the functional equivalent of a parent in a familial or household setting is … legally responsible for a child’s care” CITE229. The husband

Legislative Bill 180 (LB180) allows for the use of Bridge Orders between Juvenile and District courts to address custody between custodial and non-custodial parents. Specifically, when the custodial parent has been deemed unsafe and the non-custodial parent needs to obtain full custody. Another scenario includes when the parents separate during the juvenile court process and one parent has been rehabilitated and the other has not, requiring a custody order to ensure the safety of the child(ren). This White Paper supports passing LB 180. The intended audience of this White Paper is the Nebraska Legislature Judiciary Committee.

As children, we have all stepped that “boundary” between right and wrong. From stealing money to shoplifting to fighting, we have all made our parents frustrated, made poor decisions, and perhaps, even made a egregious mistake. However, when does stepping that “boundary” become irremediable? Can the government punish minors under the same criteria they do with adults? And most importantly, what does the United States Constitution say? These are all questions that both the Missouri Supreme Court and the United States Supreme Court had to consider when they dived into the case of Roper v. Simmons. To provide a little historical

In the last decade, there has been growing recognition and discussion of the CPS problem as it pertains to the non-offending parent. In 1999, the National Council of Juvenile and Family Court Judges put together the Greenbook Initiative, a set of 67 recommendations aimed at remedying precisely this set of problems. But though the Greenbook gives long overdue recognition to the issue, the recommendations don't call for installing any firm checks on the system, as will be discussed in more detail in a later section.

According to the (Association, 2015) there is insignificant acknowledgement of parental insistence. In the last several year in the United States the countless number of children under 5 years of age are killed, nevertheless they are murdered by the hands of their parents which is a high percentage that can be equally put in separation with mother and father.

The concept of parens patria is that the state plays a vital role to youths who have become victims of neglect acts by the hands of their parents. The state plays a role as a mediator that ultimately intervenes if necessary against negligent or abusive legal guardians or informal care providers. The power that is possessed of the state allows it to act as the parent to a child or individual that doesn’t have the means of protecting themselves. Parens patria is Latin for “parent of the nation”. Parens patria in law refers to the public power in which the state possesses. An example of an act of such could be an incapacitated individual that lacks parents who are willing as well as adequate enough care that ultimately causes the victims state of residency to intervene. Juvenile court was first established in Cook County, Illinois. The court was a necessary implantation for children who had been victims of neglect. The system promised to that it would be flexible enough to give individual attention to specific problems that a individual could possibly have. The ability for a problem to be identified

Children of incarcerated parents are a vulnerable group in August 2000 The Bureau of Justice Statistics analyzed a 1997 survey of inmates in State and Federal Corre ctional Facilities to examine parenting stats of prisoners. The survey showed that

Children whose parents have been detained and imprisoned confront a variety of difficulties. The behavioral consequences can be severe, absent of decisive intervention, emotional withdrawal, failure in school, delinquency and risk of intergenerational incarceration. However, these children appear to become misplaced and unrecognized by the criminal justice system (Dallaire, Zeman, & Thrash, 2015). Even though a significant number of children are present at the time of their mother’s arrest, law enforcement usually does not ask upon arrest whether a woman offender has children nor do sentencing judiciaries or correctional agencies ever inquire about the matter. Since agencies do not gather information regarding the children, it is vague just how many children are affected when sentencing these women (Dallaire, Zeman, & Thrash, 2015).

Controversy arose in 1998, about the definition of who was considered as a minor or an adult or what the average appropriate behavior was (Brown, 1998). People back then weren’t sure the age of accountability was which raised uncertainty. The crime data at the time showed that juvenile crime increased 70% from 1986 (Brown, 1998). U.S citizens were bombarded by this increase in crime and would have led to hysteria. Crime had risen to its peak in U.S. history, which concerned U.S. citizens

The court decision was influenced by Graham and Roper cases that established for sentencing reasons children are different from adults under the constitution. Children lack maturity and have no developed sense of responsibility. This leads them to be impulsive and reckless. In Roper it was held children are exposed to outside pressure and negative influences from friends. Therefore, they have less control of their environment because the child’s nature is not2 well informed. Graham and Roper emphasized distinguishing traits of children weakening justification for inflicting harsh sentences to juveniles even when they commit outrageous crimes.

The purpose of the juvenile incarceration project is to gain insights into whether or not parental incarceration is related to juvenile incarceration. The research problem is the loss is the cost of incarceration to the state or society. Incarceration is expensive with costs to society for the crimes committed and the resulting confinement of the convicted offenders. This research hopes to diminish this problem by determining a correlation between juvenile offenders and whether or not their parents were previously or

On the other hand, the advocates of the juvenile system believe that because children are not fully mentally or physically developed, they are not therefore accountable for their actions in the same way as adults (Ainsworth, 1995, p.932-933). Juvenile criminality for them is “youthful illness” brought about by external forces like environment or impoverished living conditions. Donna Bishop, an advocate of the juvenile justice system, encourages states to give these juveniles “room to reform.” She believes that a policy that is designed to discard youth in the middle of the transition to adulthood is uncharacteristic of a fair government (Bishop, 2000, p. 159). Supporters of this kind of reform program for juveniles are not amenable to the transfer to adult court

For the most part, parents have the best interest of their children at heart. However, there are unfortunately many cases throughout the United States where parents are unable to, for one reason or another, take care of their children. Sometimes, this can be seen as a health issue of the parents. Sometimes, parents are unable to raise their children well due to physical, financial, and/or emotional issues. Other times, parents do not have the best interests of their children in mind and can be neglectful or abusive to them. In these circumstances, the state may become involved and step into

Teen delinquency can also arise when a teen’s parent is incarcerated. Teens that have a parent in prison are affected emotionally, behaviorally and psychologically (Johnson 461). The incarceration of a parent can gravely affect an individual because the parent is not prevalent throughout the teen’s life. The teen then becomes angry and acts out because they have so much emotional pain bottled up inside. “The children of incarcerated parents are at a high risk for a number of negative behaviors that can lead to school failure, delinquency, and intergenerational incarceration” (Simmons 10). Teens with incarcerated parents lack the assistance of parental figures. In True Notebooks, Sister Janet says that the incarcerated teens never had anyone to lead them in the right path or show that adults care about them. She says that because of the lack of direction the teens never had the opportunity to do better for themselves (Salzman 26). There is also a major cycle that exists between incarcerated parents and their children that puts these teens at risk. On April 10th of 2008, a conference at Bryant University was held to discuss the concerning issues of teens with incarcerated parents. During the conference, Patricia Martinez, director of the Rhode Island Department of Children: Youth and families stated that “We want to break the cycle of intergenerational crime. I have heard of so many caseloads managing 18-year-olds who had a parent