Punishment v. Restoration: A Comparative Analysis of Juvenile Delinquency Law in the United States and Mexico

Authors

• Beth Caldwell, Thomas Jefferson School of Law

Abstract

The article critiques the punitive approach to juvenile justice in the United States, particularly in California, by contrasting it with Mexico's restorative model, as seen in Oaxaca. It argues that the U.S. system violates international human rights standards, fails to address adolescent development, and prioritizes punishment over rehabilitation, while Oaxaca's approach aligns with the U.N. Convention on the Rights of the Child and incorporates restorative justice principles. The analysis calls for U.S. juvenile justice reform, urging policymakers to consider Oaxaca's model and align policies with adolescent brain development research and human rights frameworks.

Disciplines

Law

Recommended Citation

Beth Caldwell, Punishment v. Restoration: A Comparative Analysis of Juvenile Delinquency Law in the United States and Mexico, 20 Cardozo J. Int'l & Comp. L. 105 (2011).
Available at: https://larc.cardozo.yu.edu/cjicl/vol20/iss1/5