Remnants of Parens Patriae in the Adjudicatory Hearing: Is a Fair Trial Possible in Juvenile Court?

Abstract

Traditionally, adjudicatory hearings in juvenile court operated under the direction of the parens patriae doctrine, the state's obligation and license to care for children. Adjudications were achieved in informal, clinic-like sessions. The Supreme Court purportedly transformed juvenile court hearings into criminal-like trials via the Gault and Winship decisions. This research examines the extent to which juvenile court personnel currently perceive remnants of parens patriae in the adjudicatory hearing. One hundred workers (judges, prosecutors, defense attorneys, and probation officers) from three different juvenile courts (urban, suburban, and rural) were interviewed concerning sources of unfairness in the contemporary adjudicatory hearing. The results indicate that court workers see numerous obstacles to fairness in the juvenile court adjudicatory hearing.

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