Rethinking the Sanctioning Function in Juvenile Court: Retributive or Restorative Responses to Youth Crime

Abstract

Although juvenile courts have always administered punishment to youthful offenders, parens patriae and the individual treatment mission have historically assigned an ambivalent role to sanctioning. In the absence of a coherent sanctioning framework, a punitive model has recently gained dominance over dispositional decision making in juvenile court. This article examines the limitations of sanctioning choices presented by both the individual treatment mission and what some have referred to as a “retributive justice” paradigm. We then consider the implications of an alternative model—restorative justice—as a framework for a new approach to sanctioning consistent with a revitalized juvenile justice mandate.