Parens Patriae Four Alleged Juvenile Article Review

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The Indiana Supreme Court agreed that juveniles have a constitutional right to have their competency determined before they are subjected to delinquency proceedings but disagreed that the juvenile code provides no procedure for determining the competency of children. Since the juvenile code "must be liberally construed" to "ensure that children within the juvenile justice system are treated as persons in need of care, protection, treatment, and rehabilitation" (Ind. Code § 31"10"2-1(5)) and since Ind. Code § 31"32"12?1 provides that "the [juvenile] court may also order medical examinations and treatment of the child under any circumstances otherwise permitted in this section," (thereby allowing the juvenile court to order competency evaluations without the specific guidelines of the adult competency statute), the adult competency statute does not apply to children.

Use of Parens Patriae

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The Doctrine of Parens Patriae (Latin: "parent of the country") acknowledges the inherent power/authority of the state to protect individuals legally incapable of acting on their own behalf (Fairlex, Inc., 2013). Though the doctrine was developed in English Common Law, American jurisprudence usually applies Parens Patriae to the state's ability to protect the best interests of children, the mentally ill and other persons who are somehow legally incompetent to manage their own affairs (Fairlex, Inc., 2013). The first two categories are self-explanatory and the third category might include a senile or comatose person, for example.

TOPIC: Article Review on Parens Patriae Four Alleged Juvenile Assignment

Before discussing whether the courts appropriately applied Parens Patriae, it must be
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How to Cite "Parens Patriae Four Alleged Juvenile" Article Review in a Bibliography:

APA Style

Parens Patriae Four Alleged Juvenile.  (2013, January 14).  Retrieved July 27, 2021, from https://www.essaytown.com/subjects/paper/parens-patriae-four-alleged-juvenile/4554537

MLA Format

"Parens Patriae Four Alleged Juvenile."  14 January 2013.  Web.  27 July 2021. <https://www.essaytown.com/subjects/paper/parens-patriae-four-alleged-juvenile/4554537>.

Chicago Style

"Parens Patriae Four Alleged Juvenile."  Essaytown.com.  January 14, 2013.  Accessed July 27, 2021.
https://www.essaytown.com/subjects/paper/parens-patriae-four-alleged-juvenile/4554537.