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- Title
ANSWERING THE CALL: COMBATTING THE PLRA'S EXHAUSTION REQUIREMENT FOR JUVENILES THROUGH INCREASED INDEPENDENT ADVOCACY.
- Authors
Miller, Harleigh
- Abstract
The Prison Litigation Reform Act (PLRA), specifically the exhaustion provision, creates a significant barrier for juveniles who are experiencing abuse in correctional facilities. The PLRA's exhaustion provision requires that before a claim by a prisoner can be brought in federal court, inmates must first exhaust the internal grievance procedures set forth by the detention center administrators. Although recent Supreme Court decisions have acknowledged that juveniles should be treated differently than adults in the criminal system, the PLRA still applies to juveniles in the same way that it applies to adults. The failure of the Act to acknowledge the major cognitive differences between adults and the youth has led to continued abuses within our nation's juvenile detention facilities. Although many notes have addressed the need to amend the PLRA to include a distinction between adults and juveniles, there is no sign that the legislature intends to do so. Despite the legislature's failure to act, juvenile detention centers are capable of making changes to their internal grievance procedures to make it easier for juveniles to exhaust and bring their meritorious claims in court. Youth and the elderly have long been regarded as vulnerable members of our society that deserve the utmost protection. However, the PLRA does not provide adequate protection of incarcerated youth and has led to many instances of abuse in juvenile facilities to continue, simply due to a juvenile's failure to comply with often complex administrative procedures. This Note will address the current issues with the internal grievance procedures set forth by juvenile correctional facilities in the United States and propose changes to the procedures that will help lift the barrier between juvenile offenders and their access to the judicial system. Acknowledging scientific research and recent Supreme Court decisions establishing the significant cognitive differences between adults and youth, internal grievance procedures should be revised to account for these differences. The call for increased advocacy of incarcerated youth must be answered to ensure proper oversight of our juvenile facilities and to prevent abuse within our juvenile justice system.
- Subjects
UNITED States; JUVENILE justice administration; JUVENILE offenders; GRIEVANCE procedures; JUSTICE administration; JUVENILE detention; LEGAL judgments
- Publication
Charleston Law Review, 2022, Vol 16, Issue 2, p159
- ISSN
1934-4473
- Publication type
Article