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Youth criminal justice act
Youth criminal justice act
Case study on law and justice
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The YCJA also known as the Youth Justice criminal act was put into action by the liberals on April 1, 2003. This act/law was created to prevent young offenders ages 12-17. Ages 14-17 can receive adult sentence depending on the seriousness of the crime. But in my opinion the YCJA is an ineffective law because it puts public safety at risk. The policy I put down was that youth 13 and under cannot be charged as an adult. The reason I think this is and horrible policy because they are suggesting that if you are under the age of 13 you can do whatever you want, and only put through minor punishments such as community service or writing an essay of what you did wrong. The case study I based my argument on is the Medicine hat girl who killed her entire
In 1963, the Model Penal Code (MPC) formed a way to standardize and organize criminal codes enacted by the states. Judges often rely on the MPC when handling criminal law decisions (Model Penal Code, n.d.).
The Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
People have, not too long ago, realized that youth and adults are very diverse and should not be treated the same. They gave no time for children to develop the “meins reis”, therefore, they were not given the opportunity to learn. People were not aware that the brain of the youth were not fully developed and were not given the chance of change. They thought that once guilty you shall remain guilty. For that reason they were considered adults, when in reality, adult criminals will only continue to infatuate their mind with evil. The new Youth Criminal Justice Act focuses on change and reintegration with society. We have learned that the youth have not fully developed and do not have the full ability to comprehend such judgements.
When thinking about youth crime do you envision a country with a high rate of young offenders, gang activity and re-offending? Or do you envision a country with a significant increase of young offenders either being successfully reintegrated into society, or helped by a community when seeking forgiveness for a minor offence that they have committed? Since the passing of Bill C-7 or the Youth Criminal Justice Act on February 4, 2002 by the House of Commons, many significant improvements have been made in Canada’s youth criminal justice system on how to handle and care for young offenders. Some of the reasons why Bill C-7 was passed in Canada was because the bill before it, Young Offenders Act, had many problems and suffered large amounts scrutiny by Canadian Citizens. It’s because of these reasons that Bill C-7 had been revised multiple times before being passed, having previously been called Bill C-68, March of 1999 and Bill C-3, in October 1999. With this all being said, many Canadian citizens are still left to ponder a question of if there is even significant improvement in our Youth Criminal justice system when comparing the Youth Criminal Justice Act to the Young Offenders Act? In my opinion, there are many significant improvements that have been made in the Youth Criminal Justice Act which have aided our justice system. By addressing the weaknesses of the Young Offenders Act, the Youth Criminal Justice Act has helped Canada improve in the field of youth criminal justice by implementing better Extrajudicial Measures, ensuring effective reintegration of a young person once released from custody and providing much more clarification on sentencing options.
Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the JDA did not conform to Canadian human rights legislation (Mapleleaf). It remained a heated debate until the new legislation passed the Youth Criminal Justice Act. Some thought a complete overhaul was needed, others thought minor changes would suffice, and still others felt that the Young Offenders Act was best left alone.
The Youth Criminal Justice Act, enacted in 2003, has had considerable implications for youth offenders, especially in sentencing procedures. However, in 2012 Prime Minister Stephen Harper and his administration made significant punitive amendments that changed the application of the Youth Criminal Justice Act (YCJA) to youth sentencing procedures in Canada. This essay will first discuss a brief history of Canadian legislation regarding youth offenders, and the general characteristics and effectiveness of the YCJA within its first decade of existence. Then, it will highlight the changes made by the Harper administration to the YCJA, and the implications of those changes, using evidence of the cycle of juvenile reoffending through imprisonment
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
In 1971 in Mobile County Alabama the School Board created a state statute that set aside time at the beginning of each day for silent ’meditation’ (statute 6-1-20), and in 1981 they added another statute 16-1-20.1 which set aside a minute for ‘silent prayer’ as well. In addition to these, in 1982 the Mobile County School Board enacted statute 16-1-20.2, which specified a prayer that teachers could lead ‘willing’ students in “From henceforth, any teacher or professor in any public educational institution within the State of Alabama, recognizing that the Lord God is one, at the beginning of any homeroom or any class, may pray, may lead willing students in prayer, or may lead the willing students in the following prayer to God… “ (Jaffree By and Through Jaffree v. James). Ishmael Jaffree was the father of three students, Jamael Aakki Jaffree, Makeba Green, and Chioke Saleem Jaffree, who attended a school in Mobile County Alabama. Jaffree complained that his children had been pressured into participating in religious activities by their teachers and their peers, and that he had requested that these activities stopped. When the school did nothing about Jaffree’s complaints he filed an official complaint with the Mobile County School Board through the United States District Courts. The original complaint never mentioned the three state statutes that involved school prayer. However, on June 4, 1982 Jaffree changed his complaint. He now wanted to challenge the constitutionality of statutes 16-1-20, 16-1-20.1 and 16-1-20.2, and motioned for a preliminary injunction. The argument against these state laws was that they were an infringement of the Establishment Clause within the First Amendment of the Constitution, which states that Congr...
... proponents say 'cracks down on the worst of the worst among teen criminals.' It is unbelievable that our society will allow for such a law. It seems unfair that a fourteen year old child can make a mistake and pay for it the rest of his/her life. The reason our system has never tried youth as adults is because they are not mature enough to think like an adult and take responsibility for themselves. At such a young age there is still hope for an alteration in his/her lifestyle, locking the child up only diminishes the chance of change. Children act out for attention and in many cases do whatever it takes to get that attention; even if it means bringing a gun to school, or going into a store and stealing a pack of gum. Our society must realize there is a problem with today's youth and find where it stems from - only then is there any hope for change. Putting children into prisons is like pushing dirt under a rug; the dirt can only sit for so long until someone realizes there's a problem and looks to see what the problem is. Our society has been pushing dirt under the rug for so long now that it's only a matter of time until the dirt chafes a hole right through the worn out rug.
The People vs. Hall and Dread Scott Decision both were very interesting cases. Their similarities zoomed to expose the preamble of the Constitution and make the authors of it think over what they meant by "all men are created equal." This question is still present today, are all men created equal? Or does it mean by men, the white Americans with European decent?
It misled that youth could be innocent when charged in every case. However, children have the same intelligence as adults to know the consequences of doing wrong things. Thus, children who were convicted of criminal offences would face the same penalties and were treated as adult offenders (The Evolution of, 2009, p1). However, sometimes, penalties go beyond justice – these children would receive harsh punishment for minor criminal acts. As a result, the first Canadian law on juvenile crime, the Juvenile Delinquency Act (JDA), was adopted by Canada in 1908....
In this particular case, though, no harsh disciplinary action was accounted for these young offenders. Thus,creating questions whether The Juvenile Justice System Is Too Lenient on Violent Offenders as Linda J. Collier, lawyer and teacher who teaches courses on juvenile delinquency at Cabrini College in Radnor, Pennsylvania, states on the Washington Post, March 19,1998. States that due to errant juveniles age they don’t receive the appropriate consequences towards them. One of her solutions for instance is, “ Lowering the age at which juveniles can be prosecuted as adults is a step in the right direction, but the practice should be automatic and nationwide.” Collier also states how our juvenile justice system is too antiquated and should be changed due to the major increase of sixty percent of crimes committed by juveniles since
That’s why we don’t permit 15-year-olds to drink, drive, vote or join the military” (qtd. in Billitteri). There is adolescent-development research according to Hambrick, J. and Ellem, J that has shown “children do not possess the same capacity as adults to think thru the consequences of their behaviors, control their responses or avoid peer pressure” (qtd. in Lyons). There are some very good points made in the argument against sentencing youth as adults but I still have a hard time agreeing with peer pressure or impulse control as a reason to be held in a juvenile center for less than a few years for murder. Ryan, L. uses the example of a report released by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention on “Juvenile Transfer Laws : An Effective Deterrent to Delinquency?” This report found that prosecuting youths as adults has little or no effect on juvenile crime.” She uses this information and backs it up with the report showing “youths prosecuted as adults are more likely to re-offend than youths handled in the juvenile justice system” (qtd. in Katel). This is definitely a new perspective, but I still stand with my first take on the subject. “We know young people can commit serious crimes, and the consequences are no less tragic” (qtd in
The U.S made legal history in 1989 when the world’s first juvenile court opened in Chicago (Rank, J.) Since 1990 many states have also adopted the “get tough” approach to juvenile justice as a response to the increasingly violent crimes committed by children. Juvenile crime escalated to an all time high, and then started to decrease in 1995 when images on television, such as the Springfield, Oregon, rampage of 15-year-old Kip Kinkel who shot both of his parents and then two of his classmates. The impression of citizens in the United States was that juvenile crime is out of control. (Levinson) Now Juveniles are being prosecuted a lot more than adults in adult courts.