Adolescents in the Justice System: A Progress Report on the Restatement of Children and the Law
Two uniquely qualified and accomplished experts have agreed to comment on the current draft of the Restatement from the perspectives of adolescent development and racial equity. First, Thomas Grisso, Emeritus Professor of Psychiatry at the University of Massachusetts Medical School, addresses the proposed Restatement’s approach to the assessment of adolescent decisional capacity, a pivotal feature of the law’s evolving effort to ground the law in advancing knowledge about adolescent development. Second, Kristin Henning, Blume Professor of Law at the Georgetown Law Center, reflects on the profound challenge our legal system faces in the effort to achieve unbiased, fair, and effective responses to youthful offending. This essay responds to their respective critiques and proposals.