Más contenido relacionado La actualidad más candente (17) Similar a 1. evolution of state role in treatment of children (20) Más de Center on Juvenile and Criminal Justice (14) 1. evolution of state role in treatment of children1. Child Welfare and the State
in the Ancient World
The beginning of parens patriae
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2. Parens Patriae
The doctrine that establishes the right of the state
to act on behalf of the child
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3. In Loco Parentis
When the state or its designated agent provides care and
protection equivalent to that of the natural parent
(in place of the parents)
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4. Children and the State in the Ancient World
The • Designed to prevent strong from injuring
Hammurabi the weak
Code • Defined crimes and set punishments
• Established a father as head of family unit
1752 BC
• Father’s role strictly enforced through
power of the state
• Provided for adoption of children
• Misconduct by child outside family unit
subject to same punishments as adult
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5. Children under Early Roman Law
Doctrine of Patria Potestas continued tradition of
father’s absolute control over family matters
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6. Unwanted children in ancient Rome
Infanticide
through
exposure.
In Rome a
column near the
Velebrum,
where baby
Romulus and
Remus were
discovered, was
the unofficial
designated spot.
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7. Assignment of Guardianship
Earliest and most consistent form of state
intervention on behalf of children
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8. Three Types of Guardianship established
under Roman Law
• Tutela Legitima: guardianship fell to the senior surviving male
relative
• Tutela Testamentaria: Guardianship designated by the natural
father prior to his death
• Tutelia Atiliana: Guardianship assigned by government
officials (praetor urbanus)
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9. Guardianship under Roman Law
Focused on protecting children’s property rights
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10. Evolution of Roman Law under Byzantine
State (500 AD to 1453)
• Outlawed exposure in 541 by classifying the act as murder
• Established network of state and church run orphanages
• Orphanotropheion in Constantinople stood for a 1000 years
• Increased laws protecting property rights of children placed in
guardianship
• Expanded practice of adoption
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11. Ancient Roman Law and the Juvenile
Delinquent
Assigning criminal responsibility
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12. mens rea
the Latin term for "guilty mind”
actus non facit reum nisi mens sit rea
“the act does not make a person guilty unless
the mind be also guilty.”
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13. CHILDREN AND CRIMINAL RESPONSIBILITY IN
ANCIENT ROME
UNDER AGE 7- NO
RESPONSIBILITY
7 TO PUBERTY –
SOME
RESPONSIBILITY
PUBERTY TO 25 –
RESPONSIBILITY
WITH AGE
CONSIDERATIONS
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14. Orphans and the Evolution of State
Care
The Church Takes the Lead
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15. Ospedale degli Innocenti, Florence (1411)
Hospital of the Innocents
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16. Swaddled infant
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17. The Foundling Wheel
Foundling wheel
at the Ospedale
degli Innocenti
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18. Growth of Parens Patriae in the
Middle Ages
Magna Carta 1215 – re-established the role of the
state in ensuring the protection of orphaned
children and their property through the appointment
of guardians.
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19. CHANCERY COURTS
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20. Growth of Parens Patriae in the Middle Ages
• 1500 Chancery Court –
extended right of the English
king to assign guardianship
over orphaned children
• 1562 English Parliament
passes the Statute of Artificers
allowing government to
involuntarily separate children
from pauper parents
• 1601 English Poor Law Act
allows government to place
poor children in bondage to
local residents as apprentices
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21. Scenes of the Poor House
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23. Children and Criminal Responsibility in the
Middle Ages
• One to Seven = no criminal responsibility
• Eight to Puberty = limited criminal responsibility
• 14 and over = criminal responsibility
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24. THE EVOLUTION OF INSTITUTIONS FOR THE POOR,
DEPRAVED AND DELINQUENT
1703
Hospice
San
Michele
established
by Pope
Clement XI
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25. Hospice San Michele
• Congregate work station for offenders
• Solitary confinement for incorrigible
• Enforced silenced
• Wearing of hoods
“It is insufficient to restrain the wicked by punishment unless you
render them virtuous by corrective discipline
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