NCJ Number
131557
Journal
Notre Dame Journal of Law, Ethics and Public Policy Volume: 5 Issue: 2 Dated: (1991) Pages: 323-375
Date Published
1991
Length
43 pages
Annotation
Juvenile justice reforms during the last 15 years have been largely beneficial, but juveniles should not have to bear the same level of responsibility or the same sanctions as adults. A system of graduated responsibility and sanctions will not only restore credibility to the juvenile justice system, it will also be more consistent with current understanding of adolescent psychology and criminal law doctrine.
Abstract
The juvenile justice system established at the turn of the century rested on the view that juveniles were different from adults and needed to be protected, nurtured, and treated, rather than held completely responsible and punished for their misbehavior. Starting in the 1960's, the system became increasingly criticized for inadequate attention to procedural justice and failure to hold youths accountable for their conduct. Many constructive reforms results. However, empirical evidence has also reconfirmed the early reformers' premise that juveniles are different from adults. Therefore, the justice system should retain the juvenile court and a distinct status for juveniles. While holding juveniles responsible for their actions, it should also recognize the phasing concept of juvenile maturation and use a system of graduated responsibility and sanctions. Footnotes