37 Pages Posted: 31 Oct 2016
Date Written: November 28, 2015
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: 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