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Miranda in Mental Health: Court Ordered Confessions and Therapeutic Injustice for Young Offenders

37 Pages Posted: 31 Oct 2016  

Jennifer A. Brobst

Southern Illinois University School of Law

Date Written: November 28, 2015

Abstract

Court-ordered therapy that seeks to elicit disclosures of additional criminal activity may place violent but vulnerable juvenile offenders at risk of additional charges. A small but emerging body of state and federal case law scrutinizes therapeutic justice practices that may coerce disclosures in the name of treatment, potentially violating the constitutional due process rights of offenders. While this emerging body of law addresses adult inmates, increasing reliance on therapeutic jurisprudence with regard to juvenile offenders warrants examination of its constitutional impact on juveniles offered mental health treatment in the juvenile justice system.

Keywords: Custodial Interrogation, Juvenile Brain, Mental Health, Miranda, Therapeutic Justice, 5th Amendment

Suggested Citation

Brobst, Jennifer A., Miranda in Mental Health: Court Ordered Confessions and Therapeutic Injustice for Young Offenders (November 28, 2015). Nova Law Review, Vol. 40, 2016. Available at SSRN: https://ssrn.com/abstract=2861217

Jennifer A. Brobst (Contact Author)

Southern Illinois University School of Law ( email )

1150 Douglas Drive
Carbondale, IL 62901-6804
United States
(618) 453-8702 (Phone)

HOME PAGE: http://law.siu.edu/our-people/faculty/law-faculty/brobst.html

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