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  • Essay / What was the difference between juvenile courts and...

    It was not until 1899 that the first juvenile court was established in the state of Illinois. The main difference between juvenile courts and adult courts was that juvenile courts were civil in nature while adult courts were criminal in nature. The advantage of a civil court was that the courts could focus on the young person, rather than what is called the offence, and have a range of options for the young person's rehabilitation. The legal doctrine of “parens patriae” formed the basis of juvenile courts and meant that the state had the power to make decisions in the best interests of the child, as a parent would. Parens patriae means “parent of one’s country” in Latin. This means that the state has the power to act as a guardian for those who are unable to care for themselves, such as children or people with disabilities. For example, under this doctrine, a judge can modify custody, support, or other decisions affecting the welfare of a child, regardless of what the parents may have agreed to (Nolo's Plain-English Law Dictionary). The doctrine of “parens patriae” still persists today in the juvenile justice system as well as in schools. Does this mean that minors had rights? Juveniles in the 1960s who were in the juvenile justice system had no constitutional rights. However, this changed in 1967 with the decision of the United States Supreme Court in In re