1. Should the case of Daphne A. be dealt with in the juvenile court, even though the maximum possible sentence she can receive is two to six years? If not, over what kind of cases should the juvenile court have jurisdiction?
Daphne's case should be dealt with in a juvenile court. She is a child who has suffered the full impact of parental neglect and the state should move in to protect her. In the first case, she has been the victim of drug abuse. She takes alcohol and she engages with people who also have the same problems. Chris, his friend suffers from depression and is under medication.
Michael suffers from alcoholism and he engages with young children in drinking bouts. Taking Daphne to an adult court will be tantamount to violating her child rights. She could have committed the crime under the influence of alcohol and severe depression. She had confessed that she would want to get back at her parents. It seems like she wanted attention of the parents, but never got it. She needs care and nurturing instead of s severe sentence (Larry and Brandon).
2. How does the concept of parenspatriae apply in cases such as that of Daphne A.?
Daphne is a child. The state should act as the father of the child in this case Daphne. She has suffered from parental neglect and resulted into drugs to try and get attention and satisfaction. The state should protect Daphne since her welfare has been jeopardized by the parents.
The scope of parenspatriae is the protection of the child by the state. The state should acts in the full capacity of the parenspatriae and examines the mental state of Daphne and makes a decision on her mental competence. State intrusion is capped by the exercising of limited and justifiable treatment (Jay).
3. If you believe that the juvenile court is not equipped to handle cases of extremely violent youths, then should it be abolished?
Juvenile courts should not be abolished. They should be used more in reforming the character of the youths and young children who are first time offenders.
4. What reforms must be made in the juvenile justice system to rehabilitate adolescents like Daphne? Or should it even try?
The first reform is character building. Character should be nurtured to a level that children become responsible. The courts should have programs that counsel children and their parents. Parents should be reminded of their duty to discipline and instill character in their children. Criminal behavior and bad character always points at the first socialization of the child, which is the family.
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