Cardozo Public Law, Policy & Ethics Journal
Abstract
The note argues that New York's Juvenile Offender Law of 1978 is outdated and in need of reform. Enacted in response to a tragic crime, the law shifted juvenile justice from rehabilitation to punishment, allowing children as young as 13 to be tried as adults. However, advancements in psychological understanding of adolescent brain development, constitutional rulings, and international trends emphasize the need for a more nuanced, rehabilitative approach. The note advocates for amending the law to reflect these developments and prioritize individualized consideration of juvenile cases.
Disciplines
Criminal Law | Criminal Procedure | Law
Recommended Citation
Michelle Haddad,
Catching Up: The Need for New York State to Amend its Juvenile Offender Law to Reflect Psychiatric, Constitutional and Normative National Trends Over the Last Three Decades,
7
Cardozo Pub. L. Pol’y & Ethics J.
455
(2009).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol7/iss2/6