Parens Patriae: The historic Journey of a Fickle Parent

• In Event: Contemporary and Critical Issues in a Constantly Changing Juvenile Justice System

Abstract

Parens patriae became an integral part of American juvenile justice during the Progressive Era when changes were underway to get children out of factories and into schools and treat them more humanely in court. Like any parent, there are fair-minded ones and cruel authoritarians. The history of parens patriae is mixed, but nowhere is it as mixed as in the State of Washington where on one hand the doctrine made it possible for racial minorities to be incarcerated in the 1889 Territory Prison although they were never charged with any crime. On the other hand, it made it possible to craft a secure living arrangement for a 12-year-old boy who shot the sheriff. The criminal court decided to send Herbert Niccolls to the penitentiary where he was segregated from other prisoners and mentored. Instead, he was educated and shown a lot of attention by the warden and eventually the governor. This true story is featured in the book, The Boy Who Shot the Sheriff, the Redemption of Herbert Niccolls, Jr., by Nancy Bartley. It was a finalist for the Washington State Book Awards in history.

Author

• Nancy L. Bartley, Central Washington University