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Cardozo Journal of Conflict Resolution

Abstract

Section I of this Note details the history of the juvenile justice system, making specific reference to the various developments in juvenile justice policy, concluding with a discussion of the conflicts involved in juvenile offending. Section II examines ADR techniques that have been used in the juvenile justice field, with some success, as an alternative to further prosecution, incarceration or other punishment, highlighting Victim-Offender Mediation and Family Group Conferencing. In Section III, I analyze why ADR techniques are an ideal solution to the ills of the current system, and how these methods meet many of the goals of the traditional criminal justice system. The final section describes the case of an actual first-time juvenile offender apprehended for purse snatching, highlighting how victim offender mediation works to successfully resolve conflict involving young offenders. Thus, I seek to demonstrate that it is possible to move away from the punitive model of juvenile justice currently used in the United States and achieve positive results. This Note further proposes that, if these alternatives are implemented and widely embraced, there is the possibility that, with patience and perseverance, these methods of treatment may have a halo effect on the criminal system in general, by permanently removing as many young offenders from the system as possible.

Disciplines

Criminal Law | Criminal Procedure | Dispute Resolution and Arbitration | Law

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