The Historical, Jurisprudential, and Empirical Wisdom of Parental Responsibility Laws

Eve M. Brank, Leroy Scott

Research output: Contribution to journalArticlepeer-review

4 Scopus citations

Abstract

The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and also the potential efficacy of parental involvement laws in reducing juvenile delinquency. In addition, we propose empirical research to test the underlying assumptions about blame made by parental involvement laws.

Original languageEnglish (US)
Pages (from-to)26-53
Number of pages28
JournalSocial Issues and Policy Review
Volume6
Issue number1
DOIs
StatePublished - Mar 2012

ASJC Scopus subject areas

  • Social Psychology
  • Social Sciences (miscellaneous)
  • Sociology and Political Science
  • Applied Psychology

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