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Wednesday, July 27, 2011

Research Paper on Parental Responsibility Law - Solution to Juvenile Crime and Delinquency

Laws holding parents responsible and accountable for the damages and injuries caused by their minor children have existed since the 19th Century. It was first passed in Hawaii when lawmakers impose civil liability to the parents of minor children regardless of the absence of criminal intent or negligent act or omission. Others say that the first law was passed in Colorado in 1903.  Based on these laws, it is not necessary that the parents committed any criminal act, it is sufficient that parent-child relationship exists to establish liability.

It should be stressed that the present law only imposes civil liability to parents.  The idea behind it is to discipline the parents for the delinquent behavior of their minor children.  The present laws imposing responsibility to the parents is based on the laws in Hawaii. What makes the present law different is that its scope is broader in terms of monetary amount. Moreover, the present laws have expanded parental responsibility to include acts which are not criminal in nature but nevertheless cause damage to another – tortuous acts.

Parental Responsibility Laws are similar to the concept of vicarious liability. This is a principle in tort law that imposes liability to another for the acts of another person. Based on this principle, a company can now be held liable for discriminatory acts that take place inside the workplace if it is found that it does not have any policy that protects the employees against discrimination. School administrators can also be held liable for the acts of their students if it is found that they did not exercise reasonable care and precaution to prevent the injury caused by one of its students against another.

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The intention behind the imposition of civil liability to parents is to address the injury caused by his minor child to another. If a child causes injury to another then somebody has to should the expenses incurred because of the injury. It also involves the parents in the fight against juvenile delinquency. Under the threat of civil damages, it is hoped that the parents will supervise and monitor the activities of their children better.

Some states, however, do not only require payment of restitution for the damage done by the delinquent child.  In some states, both the parents and the delinquent child are required to submit themselves to counseling as part of the penalty.  

There are, however, some states which have made parents criminally liable for the illegal acts committed by their children.  This is an extreme form of punishment which had been questioned by civil rights advocate on the ground of violation of the basic right to due process of the rights.  

I think it is fair to punish the parents for the delinquent behavior of their children.  As parents, the primary responsibility is upon them to make sure that their children grow up to be responsible members of the community.  Should they fail to fulfill this responsibility and the child engages in criminal behavior which leads to the injury of another then they should be civilly punished for their failure to supervise their children.  However, imposing criminal liability is extreme since it is a personal liability which should only be imposed to those who actually took part in the commission of criminal acts.

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