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Graham v. Florida: How the Supreme Courts Rationale Encourages Reform of the Juvenile Justice System through Alternative Dispute Resolution Strategies

Hojnacki, Heather. Pepperdine Dispute Resolution Law Journal, Jan. 1, 2012

The author calls for reform of the juvenile justice system, based on the U.S. Supreme Court's decision in Graham v. Florida. In that case, the court ruled that it was unconstitutional to sentence juveniles to life terms without the possibility of parole for crimes other than homicide. The court based its rulings on scientific studies that show juveniles "have a 'twice diminished moral culpability'": their maturity and sense of social responsibility is underdeveloped, and they also have a greater ability to change their behaviors than adults. Expanding on the court's argument, the author encourages schools to establish conflict resolution educational programs to prevent juvenile crime. She also calls for the use of restorative justice programs, including peer mediation, parent-teen mediation, victim-offender mediation and youth courts, to resolve juvenile cases outside of litigation.

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