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The due process allows for procedural rights similar to those entitled to adults during a normal trial process. Due process also requires courts to follow a higher standard of evidence i.e. reasonable doubt. Adoption of due process in some states has made their juvenile courts function like criminal courts. This has also been exacerbated by the fact that juvenile courts today are inclined towards punishing offenders rather than rehabilitating them. Parens patriae in respect to the juvenile courts is founded on the basis of protecting a child whose parents have failed to maintain his welfare. Through parens patriae the prosecutors in a juvenile court must be fair, interested and involved. However in due process which involves giving fixed punishments to those found guilty, the prosecutors may not be involved. For the concept of parens patriae to work effectively there is need for institutions which will help rehabilitate the delinquents. In some cases where the due process rights are violated the juvenile delinquent may escape unpunished because evidence provided may not be admissible in court.

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