Prosecutors and justice reform: Applying the American Law Institute Restatement of Children and the Law to juvenile transfers

Abstract

This article examines the critical role of prosecutorial discretion in juvenile transfer decisions through the lens of the American Law Institute's Restatement on Children and the Law. Drawing on current research in adolescent brain development, trauma, and behavioral science, it argues for a developmental approach that resists punitive transfers in favor of individualized, rehabilitative responses. Amid rising youth violence and public pressure for harsher measures, the essay urges prosecutors to reject outdated “tough on crime” narratives and instead lead reform grounded in evidence, equity, and public safety. It highlights the modern stressors impacting youth – including the COVID-19 pandemic and social media – and explains how these factors further justify a restorative, rather than retributive, framework. The article concludes with a call for prosecutors to embrace their ethical duty as reformers, leveraging the Restatement to ensure that juvenile justice policy aligns with both scientific understanding and the moral imperative to treat children as fundamentally different from adults.