Just (Juvenile Justice) Jargon: An Argument for Terminological Uniformity Between The Juvenile and Criminal Justice Systems
Posted: 14 Feb 2016
Date Written: Spring 2010
Abstract
Given the importance of legislatures' decisions to adopt euphemistic civil law referents to almost identical criminal law structures, it is surprising that legal scholarship discussing these euphemisms has not more fully addressed the validity of continuing to shield juveniles from terms associated with criminality. This article analyzes legislatures' choices to adopt euphemistic terminology when establishing separate justice systems for juveniles. It concludes that legal changes in the past few decades have transformed these once persuasive rhetorical strategies into mere vestiges that undermine the goals of the juvenile justice system. This article thus recommends that state and federal legislatures replace the procedural euphemisms of the juvenile system with the procedural terminology of the criminal system. To facilitate this discussion, Part II traces the historical development of juvenile justice law, highlighting the changes in the philosophy and terminology of juvenile justice statutes. Part III analyzes the current euphemistic structure of the juvenile system, argues that it undermines the current goals of the system, and considers potential drawbacks of this proposal. Finally, Part IV concludes that the juvenile justice system would benefit from leaving the "land of euphemisms."
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