What's wrong with victims' rights in juvenile court?: Retributive versus rehabilitative systems of justice

Author(s)Henning, Kristen
Title What's wrong with victims' rights in juvenile court?: Retributive versus rehabilitative systems of justice
Source California Law Review; Aug 2009, Vol. 97 Issue 4, p1107-1170.
Date 2009
Document type Journal article
Coverage USA
URL http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1451&context=facpub
Summary The article discusses the use of victim impact statements (VIS) at the time of sentencing young offenders. The historical development of victims' rights is considered with the changes in juvenile court and the goals of both considered. The practical and theoretical conflicts between victims' rights and juvenile justice are discussed. For example, victims generally have limited knowledge about the rehabilitative purposes of juvenile court and little knowledge about adolescent development, including the capacity to demonstrate sincere remorse. It is proposed that VIS do have a use with juvenile offenders, but should be removed from the juvenile disposition hearing and instead be incorporated into pre-trial diversion programs or post-disposition treatment plans.
Keywords Victims rights; victim impact statements; sentencing; juvenile offenders.
Topic Victim impact statements