Question: Regarding number two, do you think much of that has changed today? (ref the Bill of Rights not applying to children and the state’s ability to mandate education).
2. Juvenile justice
Juvenile justice is still being sought out even today; it is interesting that the constitutional rights of the children in the courts were not recognized until late 1960s and 1970s. The intriguing thing to note is that the family did not have a say in the delinquents being forcibly taken by the state and subjecting them to intervention. The 1838 case Ex parte Crouse provided that the Bill of rights was not applicable to the youths. It further provided that education which was of public interest is the one that gave the state the right to intervene without due regards to the parents or the delinquents family members (Kurlychek, 2014).
With time though changes have been seen in the society where that doctrine was challenged and which gave a new approach to the youth’s criminality. The protection of their rights through the adversarial system was a way which was aimed at protecting the children’s constitutional rights. The current juvenile justice system believes in the due process, retribution and rehabilitation of the youth rather than forceful intervention and punishment.