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Principles of vicarious liability
Responsibility of parent
Child neglect
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Recommended: Principles of vicarious liability
There has been a great debate about whether a parent should be held responsible for the crimes of their child. Having a child is is a lot of responsible not only be concerned about their well-being but getting them to daycare, after school activities, or appointment can be stressful. But there is widespread of a lot of people having kids and not taking care of them. parental accountability laws have been in the legal system a long time. In the article “Parental Civil Liability for the Torts of Minors” written for Journal of Contemporary Legal Issues by Lisa Gentile, a Family Lawyer states “[l]egislation on parental civil liability first appeared in 1846, when the Hawaii Territory imposed vicarious liability on the parents of child tortfeasors.7 …show more content…
For an example child that is considered a trouble maker, but the child is not necessarily bad it’s just that the child needs to be busy, or involved in an activity. In the article “Parental Liability Laws: Rational, Theory, and Effectiveness” written for Social Science Journal, by Jerry Tyler, a qualitative social research and Thomas W. Segady, a Methodology of Social Science states “In its recent National Juvenile Justice Plan, the OJJDP points out that kids today spend an average of two hours alone after school, and the figure is higher for the lower economic groups (Tyler and Segady 90).” So during those two hours, the child is at home alone, and could get into a whole lot of trouble like setting the house on fire, hurting his or her self. It would be an in the best interest of the child and parent if the child is in activities after, so the child won’t have time to get into …show more content…
However as it’s already stated in the paragraphs before it’s the parent’s job to train up their child to be adults. So the parent has no excuse in why they shouldn’t be held responsible for the actions of their child. Even in the article “Should Parents be Held Liable for the Wrongful Acts of Their Children?” written for Jackson & Wilson California Lawyers by Jackson Wilson, a Lawyer says that “[In] [the] Singer v. Marx, 144 Cal.App.2d 637 (1956), “The parent has a special power of control over the conduct of the child, which he is under a duty to exercise reasona[ble] for the protection of others. He may thus be liable for failure … to take reasonable efforts to restrain and correct [the child] when he manifests a tendency to beat other children with a stick,” or engages in other dangerous behavior (Wilson par. 6).” The law is put in places not only to protect the child but any other third party that is involved in the situation. The law is also there to people for parent who might encourage their child behavior and it enforces the parents to comply with the
Nell Bernstein, the author of Burning Down The House: The End Of Juvenile Prison has a very strong opinion about juvenile facilities. He believes that children do not learn to correct their behavior by being forced into these facilities because the main root of their behavior stems from their “broken” family structures, in more cases than not. This is supported from the text when he states “In fact multiple studies have shown that putting youth behind bars not only fails to enhance public safety; it does just the opposite, driving low-level delinquents deeper into criminality and increasing the likelihood that they will end up behind bars again and again.” Bernstein really tries to push his audience to agree with his opinion; to stop putting
Vicarious liability is a common law concept that refers to the liability that arises when one party, such as an employer, is legally liable for the acts or omissions of another party, such as an employee. This is because employers have a duty to take reasonable care for the safety of their employees and those of others who come into contact with them and their business.
Before It’s Too Late: Why Some Kids Get Into Trouble and What Parents Can Do About It, was written by Stanton E. Samenow, Ph.D., published by Times Books. Stanton E. Samenow also wrote books Inside the Criminal Mind and Straight Talk About Criminals. He has evaluated and counseled antisocial youngsters and their families for over a decade. The purpose of this book is to teach parents an approach they can take in dealing with the antisocial youngster.
Myers, J. B. (2008). A Short History of Child Protection in America. Family Law Quarterly,
...d do not get to see their parents until bedtime. In other cases, the child is left at home to look after and care for their younger siblings. As a result, they neglect school and their own childhood. The amount of hatred and distrust that must build up in that child is immeasurable. It is apparent that the “home-alone America” trend will create a breading ground for conduct disorder. Moreover, society is heading towards creating a generation who “may have little empathy and little concern for the feelings, wishes and well-being of others” (American Psychiatric Association, 2000). A child’s attachment to, respect for, and healthy fear of their parents is essential to the child’s’ mental health throughout development. It is time that we take responsibility for our own children and ourselves because if we don’t, what will these children teach the next generation?
Delinquent acts are influenced by “the absence of the father from the home [and] is related to the child's inability to tolerate delayed reward or gratification when offered by a male adult in an experimental setting. (McDavid & McCandless, 1962)” It is an educated assumption that insufficient child-rearing and parental relationships can shape a teen’s life, predisposing them to risky behavior such as delinquent acts, early sexual behavior, and poor academic performance. McDavid and McCandless also state, “School itself seldom provides satisfactory outlets or experiences of success for the delinquent. It is possible that many delinquent acts may spring directly from the frustration of boredom.” Teens’ attitudes about risk-taking behavior are evident in their decisions about their sexual behavior, as well. According to Kowaleski-Jones, L., & Mott, these teens are more likely to:
The students who do not have the parent support and role models as young children are less likely to succeed in life. Children from single parent homes are more likely to use and abuse drugs (Hoffmann “The Community Context of Family Structure and Adolescent Drug Use”) as well as twice as likely to commit suicide and/or have a psychiatric disease (www.webmd.com). One of the ways that teachers can reach and influence these students is through afterschool programs. 57% of students from single parent homes are enrolled in some form of after school program from grades 1 through 5 (Working Families and Afterschool A Special Report from America After 3 PM: A Household Survey on Afterschool in America 2). Children often learn their social skills from watching their parents interact with others. Later in life, these may influence the jobs that they are offered and received as their potential employer evaluates how they communicate in an interview or in their interactions with others. Raymond
According to the text “Juvenile Delinquency: The Core” the social structure theory associates juvenile delinquency rates to socioeconomic structure conditions, for example poor communities, families that are usually unemployed, families that have a continuous cycle of Temporary Assistance for Needy Families (TANF), single parent households, families with incarcerated fathers, sons and even moms and daughters. Some of these children are raised by grandparents or placed in the foster care system. Many young people in these communities are parents themselves – babies raising babies. This I know because this describes many of the youth in my community.
For the Samsung Galaxy Note 8, we expect the sales to grow in the first quarter of year one. With people still suspect about the phone there won’t be a fixed demand on a per month basis. After a couple months pending no problems with the smartphone people will have their faith in Samsung again and purchase the Galaxy Note 8. After the first year, we expect the Galaxy Note 8 to reach a profit of 1 billion dollars. During this section, I will explain the sales forecast for each month and for the next 3 years. Also, I will discuss the breakeven analysis of the Samsung Galaxy Note 8, the cost to build the smartphone, how much we are willing to pay for expenses and what expense we focus on the most.
If a child is raised in a good neighborhood they are likely to be raised well. Children in a good environment are likely to have a better attitude and behavior. Especially when it comes to schooling. They will do well in school and those school systems are likely to have a higher rate of graduating children and children who actually take their education seriously. Better neighborhoods are known to lead to higher test scores. Making sure that a child has a safe, clean, peaceful and comforting environment is necessary and important for your child’s development. Growing up in a bad neighborhood where children aren’t putting school as a main priority and concerned about getting a good education may rub off on a child as they follow one another not put there education first. If a child is raised in a bad neighborhood where there area has a lot of criminal activity and gangs it may influence the child towards joining ...
As a society we often find it difficult to swallow the fact that children are capable of engaging in and committing crimes. The thought of a child, a being that represents innocence, would perform an act that deviates to social order shocks and confuses society. The questions of, how could you do that? What were you thinking? Which, then leads to statements like, “We did not raise that way! ” or “You know better than that!” when trying to comprehend the concept of the unacceptable actions of juveniles. Suicides, runaways, and later life offending seem to have a common link of juvenile delinquency. Children deviating from societal norms can affect the future of society because offending. Juvenile offending can be the result of a plethora of culprits and perhaps, as a society we can to come to terms with there not being one exclusive answer to explain why juveniles deviate from social norms.
Child development is where intervention for juvenile delinquency may be enforced. Parents have the majority of control over an infant’s activities at an early age and have to be able to spot their actions. As explained by the authoritative style, “parents try to direct their children’s activities in a rational, issue-standard manner” (Bartol and Bartol, 2011, Pg 37). Child development can be related to social learning, as stated by Bartol and Bartol “it involves learning from watching others and organizing social experiences in the brain (2011, Pg 78). As a recent article by Myers and Michael (2005) described, “strong parental bonds with children (starting at an early age), providing opportunities and recognition for positive behavior, improving parental skills and childhood learning skills, and establishing and maintaining healthy community beliefs and clear standards for behavior.” Indeed, teaching and enforcing posi...
If parents are held accountable for the actions of their children does that send a message that the children themselves are blameless for their actions? My belief is that these two ideas are not mutually exclusive, and that children and parents can both be held liable. I see no reason why the children and the parents and the teens shouldn’t share in the responsibility for criminal behavior on the part of the child.
There are three factors that influence the juvenile’s routine activities. The first factor is their age and sex; this is something that influences the people that they choose to spend their unsupervised free time with and what they choose to do in that free time. According to our book males are more likely to spend their unsupervised free time with their peers, making them higher risk for participating in delinquent activities. The second factor is the degree of parental supervision, the juvenile’s commitment to school, and their level of self-control. These can all influence what the juvenile chooses to do in their free time; also if there is little to no parental supervision there is greater likelihood that these adolescents will engage in or be exposed to delinquent behaviors and situations that would put them more at risk. The third and final factor that influence their routine activities are the changes that have occurred socially and technologically. Some social changes are that parents work more therefore there is less supervision for adolescents, especially in single parent households, and...
The way they discipline and handle them has a big impact in the child’s outlook and aspirations in life. According to Drinkworth (2016), children who have parents involved in their life are more likely to positively act to situations. They will have minimized participation on dangerous cases like fighting, illegal drinking, and smoking.