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The age of (guilt or) innocence: Using ADR to reform New York’s juvenile justice system in the wake of Miller v. Alabama.

Molinoff, Morgan
June 4, 2015

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)


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