NCJ Number
131559
Journal
Notre Dame Journal of Law, Ethics and Public Policy Volume: 5 Issue: 2 Dated: (1991) Pages: 397-420
Date Published
1991
Length
24 pages
Annotation
A State supreme court justice argues against the rehabilitative orientation of juvenile courts and proposes a model that is based on justice and that holds juveniles morally accountable for their behavior.
Abstract
The modern juvenile court represents a misguided effort to make a court into a treatment clinic as well as a court. As a result, the juvenile court is preoccupied with rehabilitation and individualized treatment. In addition, it does not clearly define who is actually a child and who is an older, more responsible youth. A separate court for juveniles should continue, but it should rest on a clearly defined justice model. Thus, it should administer retributive justice in a manner that accommodates the diminished capacity of youth and their universally understood attributes including imperfect judgment, immature attitudes, impulsivity, and their susceptibility to peer pressure. In addition, it should recognize its moral and legal responsibility to care for and discipline delinquent juveniles by undertaking the rehabilitative programs they need. Footnotes