Answer to Question 1
Since the early twentieth century, there have been laws aimed at disciplining parents for contributing to the delinquency of a minor.
The first of these was enacted in Colorado in 1903, and today all states have some form of statute requiring parents to take some responsibility for their children's misbehavior.
All states make it either mandatory or discretionary for the juvenile court to require a parent or guardian to pay at least part of the support costs for a child who is adjudicated delinquent and placed out of the home.
Even when the payment is required, however, it is based on the parent's financial ability to make such payments. During the past decade, approximately one-half of the states have enacted or strengthened existing parental liability statutes that make parents criminally liable for the actions of their delinquent children.
These laws can generally fall into one of three categories:
o Civil liability: An injured party may bring a case against the parents for property damage or personal injury caused by one of their children.
o Criminal liability: The guardian or other adult may be held criminally responsible for contributing to the delinquency of a minor. These laws apply when an adult does some action that encourages delinquent behavior by a child.
o General involvement: These statutes are based upon legislative efforts to make parents more involved in the juvenile court process and include requiring the parents to pay for court costs, restitution, and treatment, and to participate in the juvenile's case.
Within this general framework there is a great deal of variation in responsibility laws.
All states have incorporated parental liability laws in their statutes, although most recent legislation places limits on recovery.
Since 1990 there have been at least 18 cases in which parents have been ordered to serve time in jail because their children have been truant from school.
Some critics charge that these laws contravene the right to due process, because they are unfairly used only against lower-class and minority parents.
Imposing penalties on these parents may actually be detrimental.
Forcing a delinquent's mother to pay a fine takes money from someone who is already among society's poorest people.
If a single mother is sent to jail, it leaves her children, including those who are not delinquent, with no parent to raise them; the children may become depressed, lose concentration, and be unable to sleep.
Even if punishment encourages the parent to take action, it may be too late, because by the time a parent is charged with violating the statute, the child has already committed a crime.
Responsibility laws may not take the age of the child into account, leaving important questions unanswered:
o Are parents of older offenders as equally responsible as those whose much younger children violate the law?
o Does an adolescent's personal share of responsibility increase with age?
Student answers will vary.
Answer to Question 2
Target-hardening