The Death and Life of Parens Patriae: How the Warren Court Killed It and Why It Might be Back

I've finally settled my research paper topic! I will be trying to decide if the Warren Court in Kent v. U.S. and In re Gault killed the role of parens patriae in juvenile delinquency proceedings. Further, I will be looking into if there has been a rebirth of parens patriae -- especially in light of the recent Roper v. Simons decision (juvenile death penalty).

I will be heading to the archives to look into Justice Abe Fortas' papers this coming week, and I am quite excited to see if I can figure out what logic went into the decision to award some due process rights to juveniles (In re Gault) and into the deeper consideration necessary for a removal trial to adult court (Kent).

I'm very excited to find out more about this topic -- especially because it will hopefully have temporal applications. I will keep the blog updated on my progress!