Copyright (c) 2011 Journal of Law and Policy
Journal of Law and Policy
SYMPOSIUM: THE INJUSTICE OF RETRIBUTION: TOWARD A MULTISYSTEMIC RISK MANAGEMENT MODEL OF JUVENILE JUSTICE
Journal of Law & Policy
20 J.L. & Pol'y 145
Mark R. Fondacaro*
This Article will provide an overview of a Multisystemic Risk Management (MRM) model of juvenile justice that attempts to shift the focus of juvenile justice policy from retributive punishment to recidivism reduction and crime prevention. 1 The MRM model is guided by parallel trends in the fields of psychology and law towards forward-looking systemic models to inform decision making and influence human behavior. In psychology, early models of human behavior that focused narrowly on internal, unidimensional mental states to explain or change complex behavior have been supplemented by more ecological, multisystemic models that consider contextual influences on human behavior and span biological, psychological, and social levels of analysis. This body of cutting edge behavioral science research presents challenges to traditional mens rea analysis in criminal law and highlights the potential injustice of retribution as the basis for legal sanctions. The MRM model promises to improve the fairness, effectiveness, and efficiency of the juvenile justice system by integrating these innovations from psychology with converging trends in law.
In the legal system, and the area of administrative law in particular, recent conceptualizations of due process have gone beyond the traditional backward-looking, case-by-case adversarial model toward more system-wide, forward-looking managerial models that emphasize measurable fairness, accuracy, and efficiency in decision making aimed at implementing substantive policy goals. 2 In previous work, I have attempted to synthesize these converging trends into what I have called an "Ecological Jurisprudence." 3 In essence, the MRM model of ...
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