Who Deserves Diversion? A Theoretical Critique of Mitigation, Consequentialism, and the Juvenile Court
The juvenile court was created as a means of diverting youth from the criminal justice system, and, in turn, diversion within the juvenile court has been used for a variety of purposes. This paper argues that an understanding of diversion, and its implications, requires distinguishing deservingness...
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| Format: | Electronic Article |
| Language: | English |
| Published: |
2023
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| In: |
Journal of contemporary criminal justice
Year: 2023, Volume: 39, Issue: 4, Pages: 570-589 |
| Online Access: |
Volltext (lizenzpflichtig) |
| Journals Online & Print: | Drawer...
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| Check availability: | HBZ Gateway |
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| Summary: | The juvenile court was created as a means of diverting youth from the criminal justice system, and, in turn, diversion within the juvenile court has been used for a variety of purposes. This paper argues that an understanding of diversion, and its implications, requires distinguishing deservingness and consequentialism. Analysis of the former goal entails a focus on mitigation and draws attention to a critical gap in scholarship—namely, how do juvenile courts decide which youth deserve diversion? While risk and needs assessments likely play a role, so, too, may mitigation assessments about which youth are more deserving of interventions that may impose less punishment and more rehabilitation. In advancing this argument, we discuss ways in which a focus on diversion, and on mitigation, help to illuminate fundamental tensions in juvenile justice. We discuss, too, ways in which this focus can help to advance research and policy. |
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| ISSN: | 1552-5406 |
| DOI: | 10.1177/10439862231189616 |