I
have had the amazing opportunity to be an intern at the Lancaster’s District
Attorney Office this semester. I was placed in the juvenile department where I
have been able to attend juvenile court hearings. During this experience I have
been truly shocked to learn of the severity of the children’s crimes at ages as young
as 11! This makes me wonder, who is to blame if a child is displaying criminal
behavior? Most people are quick to put this blame on the parents, including law enforcement. But should parents be held accountable by law for their
children’s delinquent behavior?
In
Wilmington, Delaware parents are held responsible for their children’s actions
when they are out past the city’s curfew. In Jacksonville, Florida parents have
to pay for any graffiti damage done by their minor son or daughter. And in
Detroit, Michigan parents have the “continuous duty” to prevent their child
from committing any delinquent act.
Brank,
Greene, and Hochevar did a series of studies to examine what situational
factors or individual temperament factors impacts the public’s opinion on
parental responsibility.
One
of the factors that the researchers studied was how views on parental
responsibility changed when the parents committed acts of commission versus acts
of omission. For example, an act of commission would be actively giving their
children hazardous materials, while acts of omission would be accidently
leaving dangerous materials where their children could access them. As you may
expect, parents who committed acts of omission were seen by participants as
less responsible then the parents who actively gave their children materials
that led to a crime. The study also showed that participants saw that parents
were more responsible for their child’s actions if they committed a personal
injury crime than a property crime.
Participants
found parents of 9 year olds more responsible for their child’s actions then
older youths. This is probably because older teens are usually seen in the
public eye as being more rebellious and influenced by their older peers more so
then their parents.
So
what did the participant’s think the parents should have to do if found
responsible for their child’s actions? Most participants thought that parents
shouldn’t be imprisoned when found responsible for their child’s crimes. They
proposed that a better approach which would be to have the parent receive
counseling with their child, and have them be more involved with their child’s
life. I would have to agree with this. Enforcing counseling sessions with their
child would be far more beneficial then slapping the parents with some fines
and community service.
Overall,
this study did find that most participants thought more of the responsibility
of a crime should lay with the juvenile, but the parents are in part to blame.
The participants had to take into account both the situational factors and the
age of the juvenile before they decided how much responsibility lies on the
shoulders of the parents.
All
of these factors make the concept of parental responsibility in the legal
system very complicated. That is why I think each situation of parental
responsibility should be treated differently, and that broad laws, such as the
ones in Wilmington, Detroit, and Jacksonville should be re-examined. If the
parent’s actions were not the primary cause of the offense and if they could
not have been foreseen the juvenile’s delinquent behaviors occurring, how can
we automatically hold these parents responsible?
This
study is very important because it examines how the public supports and views
these laws. Public support of social issues can motivate the government to make
new laws and revise existing laws.
If the legal system knows how the public views laws, it can influence
how they enforce them. If the public widely supports a law then it is more
likely to be enforced by police. On the other hand, if the public does not
perceive a law as legitimate and fair then they are less likely to obey the
law. This is very important in the case of parental responsibility. If the
parent’s view this law as unfair then they may be more unlikely to want to have
control over their children.
Let
your State and City representatives know what you think of parental
responsibility laws! It is important for them to gage the public’s opinions,
especially on laws that are viewed as potentially unfair. If you think your
children may be up to no good keep an eye on them so you don’t end up being the
one punished!
Anna Teeter
Brank,
E.M., Greene, E., & Hochevar,L. (2011). Holding parents responsible: Is
vicarious responsibility the public’s answer to juvenile crime? Psychology, Public Policy, and Law, 17
(4), 507-509.