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Challenges with juvenile crime
Challenges with juvenile crime
Challenges in the juvenile justice system
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“Our youths now love luxury, they have bad manners, they have disrespect for authority, disrespect for older people…” Ancient Greek philosopher Socrates acknowledges the escalation of delinquency among youth in the early age’s .The rise of young offenders furthers the Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents. Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders, …show more content…
Vandergoot determines that the reasoning capacity of an adolescent, the ability to make legal decisions, and filter unnecessary information is unclear to a juvenile in the justice system; the vagueness of youth stepping into the courts prevents them from fully participating in the justice system. ( Vandergoot, 2006). As a result of this impreciseness youth encounter Vandergoot concludes a separate justice system allocated for youth to adhere to adolescent needs. Vandergoot discusses the Youth Criminal Justice Act a justice system devised to adhere to youth needs. She summarizes the system that benefits young offenders in contrast to adult offenders. Vandergoot concludes “the goals of the youth legislation…its major objectives are reducing the use of incarceration for young offenders…the YCJA emphasizes restraint, accountability, proportionality, and discretion… it encourages use of extra judicial measures” ( Vandergoot, 2006, p30). Vandergoot determines that the objectives of the Youth Criminal Justice Act is in the interest of youth, however, she accounts for the long term effect on adolescence as well. Vandergoot concludes the emotional and social consequences as youth interact with the system. Vandergoot claims the system leaves juveniles “debased”, suffering an “assault on their self-image”, that “block or snares in the adolescent psyche”, ultimately lowering their motivation and self-esteem which advances youth to have the “they think I’m bad I’ll show them I’m bad” mentality(Vandergoot, 2006). The mentality that derives from direct encounters with the youth justice system, often damages the adolescence completely disregarding the purpose of a youth justice system. Mary Vandergoot’s Justice for Young Offenders Their Needs, Our Responses clearly emphasizes the need
Thus, the shifting perceptions of the justice system has transformed what it means to be a child and an adult due to their pervasive, and punitive approaches to crime and delinquency. Although adolescents today enjoy many new freedoms and greater time to experiment, those that don’t conform to “normative behaviors” and engage in socially constructed definitions of delinquency, often end up under the firm hands of the juvenile justice system. Despite the creation of this phase in an adolescent’s life, the injustices within the adult justice system have breached into the juvenile system, thus, blurring the lines of what it means to be an adolescent in modern times. Thereby, the adolescent stage is constantly being manipulated to conform and match the social construction of crime and delinquency, and the rise in the practice of trying juveniles as adults within the court system and mandating life sentences is evidence of this
Voltaire once said, “Fear follows crime and is its punishment.” (Voltaire). Respectively, the concept to use opportunities that attempt to restore moral justice in Canadian youth punishment is indispensable. The Youth Criminal Justice Act enacted on April 1st, 2003 recognizes in the preamble that incarceration should only be exercised as a last resort sentence for violent youth ages twelve to seventeen, (Youth Criminal Justice Act (S.C. 2002, c. 1), 2002; Barron, 2009; Tustin & Lutes, 2011; Olivo, 2012, pp. 234-235, 456; Justice Education Society of British Columbia , 2013). The restorative justice approach enables consideration of many youth suffering from mental disorders that need more mental health support than punishment (Bala, Youth Criminal Justice Law, 2003; Gretton & Clift, 2011) corresponding to the evergrowing concern of more imprisoned youth, despite the decreasing delinquency rate (Ruddick , 2004; Linton, 2003). Therefore, reintegration and rehabilitation techniques are imperative to resolving youth in conflict with the law (Savignac, 2009; Anand, 1999; Doob A. N., 2004). An analysis of the complications and advantages of the restorative justice opportunities concerning young offenders ages twelve to seventeen will endorse that collaborating family connections, educating youth while integrating gang prevention, and community involvement will positively enhance youth prosperity and societal security.
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.
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.
The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent
The Youth Criminal Justice Act, often called by the name of YCJA, is specifically made for youths ages varying from 12 to 17 that disobey the law. In April 1, 2003, the YCJA replaced the previous justice act called Young Offenders Act due to several negative concerns. “These concerns included the overuse of the courts and incarceration in less serious cases, disparity and unfairness in sentencing, a lack of effective reintegration of young people released from custody, and the need to better take into account the interests of victims.” The main purpose of the YCJA aims to have a fairer and more equitable system. Although the YCJA is an effective law within the justice system, a main aspect/characteristic that needs to remain, is keeping the
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.
Most young offenders get into trouble with the law only once. But the younger children are when they first break the law, the more likely they are to break the law again (Statistics Canada study, 2005). The Youth Criminal Justice Act (YCJA) attempts to acknowledge that different youth need different sentences within the justice system, while ensuring that it is fair and equitable for them. Many people, both in Canada, and around the world, believe that youth are not reprimanded harshly enough for the crimes they commit and that they are, in general, are able to squeeze through the justice system without punishment. Others, believe that the justice system does not treat youth fairly and punishes them without acknowledging that rehabilitation
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
The Juvenile Justice system, since its conception over a century ago, has been one at conflict with itself. Originally conceived as a fatherly entity intervening into the lives of the troubled urban youths, it has since been transformed into a rigid and adversarial arena restrained by the demands of personal liberty and due process. The nature of a juvenile's experience within the juvenile justice system has come almost full circle from being treated as an adult, then as an unaccountable child, now almost as an adult once more.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
The modern teen court concept began in the early 1970’s when a small number of local communities in America began to establish the first Global Youth Justice programs (Peterson, p. 2). In 1994 there were 78 youth court programs in existence. As of March, 2010, there are over 1,050 youth court programs in operation in 49 states and the District of Columbia. Teen courts serve as a “diversion” program used to divert first time offenders away from a lifetime of criminal activity. The primary function of most teen court programs is to determine a fair and restorative sentence or disposition for the youth respondent. Although the primary function of teen courts is to rehabilitate offenders, some may wonder if teen courts are actually beneficial to young offenders.
... crime and should adopt policies that compliment better socialization of youths. The seriousness of youth crime trends must be addressed with punishments that pay retribution to society. It is equally important that youths are not excluded from society by a legal system that does not recognize their special needs. Rehabilitation measures must address the socialization problems that children are facing with their families, schools, and media pressures. Children will be given alternatives to their delinquent behaviours that may not have been obvious or initially appealing. These changes will result in the prevention and decline of youth gang related crime. Youth gangs are not inevitable. Some social reorganization backed by government policies will eliminate the youth perception that youth gangs are socially acceptable. The Youth Criminal Justice Act (2002) adopts socially focused policies that will better address the social disorientation of youth that lead them into youth gangs. Its implementation is a positive step towards effectively dealing with the changed social forces affecting Canadian youths. Better socialization of youths is paramount to eliminating youth gangs in Canada.
How the courts manage young offenders has changed drastically over time. Partly because of the development of the rights of a child and also due to changes in the justice system as a whole. From 1908-2003 there were three different acts legislated to protect young offenders. As time went on, laws that were applicable in 1908 ended up being not as applicable for the early 1980’s. As society progressed the need for different laws did as well. I am going to discuss and give a brief background on the three acts Canada has had over the years to protect youth in the justice system.
Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.