Source: (2013) Cardozo Journal of Conflict Resolution. 15:297-332.

This Note proposes that New York State reform its juvenile justice system to better conform to the ideals of treatment and rehabilitation espoused in Miller by using alternative dispute resolution ("ADR"), and, specifically, juvenile mental health courts, to adjudicate and treat youthful offenders suffering from mental health conditions. Section II of this Note provides an overview of the American juvenile justice system, beginning with the most recent Supreme Court decisions regarding juveniles, then moving on to a history of juvenile justice in America, and concluding with a more focused look on juvenile justice in New York State. Section III discusses why ADR is appropriate for the adjudication of youthful offenders and highlights certain ADR methods that are currently in practice in the juvenile justice system. Finally, Section IV proposes a new system for juvenile justice in New York State in which juvenile offenders suffering from mental health issues have the option of being adjudicated in juvenile mental health courts rather than in traditional juvenile justice settings. (excerpt)