According to the author of this article, featured in the Pace Law Review, the majority of youth facing charges in delinquency court are suffering from severe socio-economic deprivation, are victims of emotional, physical or sexual abuse, or have serious mental health issues.

This article argues that effectively foreclosing a young person’s future based upon behavior that is linked to circumstances beyond their control violates the Eighth Amendment’s proscription on cruel and unusual punishment. This article proposes an alternative framework that allows young people to have their juvenile records expunged if they fulfill certain criteria.

This article proposes to add a new procedure in juvenile court that would recognize mitigation so that, in appropriate cases, the child’s juvenile record can be expunged.