ABSTRACT

What You Need to Know

■ Reform proposals for juvenile court include reemphasizing and reinvigorating the rehabilitative orientation of juvenile court, changing juvenile court into a scaled-down version of criminal court, and “smart on juvenile justice” proposals.

■ Another model is to adopt a restorative justice model for juvenile court.

■ Social issues that affect juveniles include race (disproportionate minority confinement and contacts), the need to rebuild community, the role of the family, character education, and the political economy.

■ In Roper v. Simmons (2005), the U.S. Supreme Court ruled that the death penalty is unconstitutional for juveniles. Like the dissenting Justice Scalia, some would argue that the death penalty is appropriate for juveniles.

■ The Supreme Court has ruled that life without parole sentences cannot be given to juveniles for a non-homicide offense ( Graham v. Florida [2010]) and that mandatory life without parole sentences are unconstitutional for juveniles ( Miller v. Alabama [2012]). Both rulings were based on the incomplete adolescent psychological development and impulsiveness of juveniles.

■ There is some confusion over the proper role of juvenile court concerning status offenders. Petitioned cases are decreasing, but many argue that they need to decrease even more.

■ Although many would like an easy solution, that is not possible. The answer is to address the problems of youths who break the law.