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1. Introduction
The purpose of this report is to shed light on juvenile delinquency and the issues and factors surrounding the penology as it pertains to Canadian law. The report encompasses the current state of juvenile delinquency, the factors of delinquency, the judicial process and juvenile court, detention centers and correctional facilities where youth offenders are held, alternate rehabilitation, and young offenders’ societal reintegration after serving time. Recommendations will be made at the end of the report to improve the state of juvenile delinquency in Canada.
2. Current State Of Juvenile Delinquency In Canada
2.1. Juvenile Delinquency
The Canadian Encyclopedia defines juvenile delinquency as ‘in social science [...] social acts of juveniles that are defined and evaluated as deviant or antisocial by legal or social norms’. It also defines juvenile delinquents as ‘[anyone] between 12 and 17 years of age who through the due process of law has been found to have violated criminal legislation and is therefore subject to punishments
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Males are twice as likely to be involved with violent behavior, and more likely to engage in acts against property (PSC 2011). Children born in-country and raised by native caregivers are also more probable to be delinquent (PSC 2011). Delinquency also rises by the thousands per age group, peaking at eighteen years of age; at 15,000 crimes this is 7.5 times the rate of the twelve-year-old age group (PSC 2011). Misconduct can be measured by the Youth Crime Severity Index. Among the provinces and territories offences are dependant upon the local populations with Quebec and Prince Edward Island on the lower end of the scale and Nunavut and the Northwest Territories at the top. Youth crime on Reserves is especially concerning as the crime rate is equal to more than three times higher than the national
The purpose of this report is to provide the courts and judges in the matter of Martin A. case an overview and critical analysis of his case through the evaluation process of Youth Court Action Planning Plan (YCAPP). Before discussing Martin A., it is a good idea to understand the roles and functions of the YCAPP. Over the course of history, the Canadian legal system has always struggled with successfully dealing with youth offenders until the introduction of youth criminal justice act in 2003. Youth criminal justice act has reduced the number of cases, charges, and convictions against the youth hence resulting in a much more efficient way to deal with youth crime across the country (Department of justice, 2017). A vital component
A juvenile is a person under the age of 18. If he or she commits an offense that is considered a crime in the law of a state, including theft, assault, drug abuse, disorderly conduct, and curfew violations, that person is labeled as a juvenile delinquent. Similarly, if a juvenile commits an offense that is considered a crime in the juvenile code, including running away from home, truancy from school, and disobeying the lawful orders of parents or legal guardians, that person is also labeled as a juvenile
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.
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
Few social issues get as much media attention as youth crime. Statistics Canada reported a 3% increase in crimes committed by 12- to 17-yearolds between 2005 and 2006. In the last 15 years, the rate of violent crimes among young people has increased by 30% (Youth crime, 2008). From gangland-style killings in Vancouver to the senseless beating of an elderly woman in Hali-fax, Canadian cities are struggling with a wave of youth crime that was unimaginable a couple of decades ago. According to Statistics Canada, most Canadians believe that youth crime is on the rise and 77% believe that the sentencing of young offenders is too lenient (Youth crime, 2005). Many experts attribute the spike in youth crime to the increased number of street gangs - often the perpetrators of youth crime (Catalano and Hawkins, 1996). Research indicates that youth seek comfort from those who welcome them and reinforce their sense of belonging. Unfortunate-ly, some youth have no choice but to turn to street gangs in order to satisfy their need for approv-al, belonging and self-worth (Clark, 1992). Street gangs are not just issues in big cities. Over the last few decades, there has been an increase in the presence of street gangs in non-metropolitan and rural communities. For example, in 1960, there were 54 cities in the United States with a gang population. In 1995, there were street gangs in approximately 800 cities and towns across the United States (Swetnam and Pope, 2001). There is no consensus among experts on how to reduce youth crime. Criminal involvement usually starts before the age of 15, with first-time of-fences declining markedly once young people reach 20 years of age. Young people who become involved in criminal activities before the age of 14...
Aftercare programs are used often with juveniles in hopes of preventing recidivism. Recidivism is of high concern to the criminal justice system in that the safety of the public depends on low recidivism rates. Juvenile Incarceration facilities have programs set up, such as education and pro-social behavior classes, to promote bettering the juvenile’s life. However, research has shown that the progress made while incarcerated slowly declines upon release. This is testimony to the importance of aftercare programs in preventing recidivism.
Under the Juvenile Delinquents Act, the first act imposed in regards to young offenders,
Federal standards define any young offender under the age of eighteen who commits a crime is define as a juvenile delinquent. And the important differences between adults and young people, that a one-size fits all method is not desirable and will not make the situation better. Our justice system also accomplishes an important symbolic function by establishing principles of behavior. It formally defines the right and wrong for citizens and frees them from the responsibility of taking vengeance, thus avoiding the escalation of feuds within communities. The system protects the rights of free citizens by honoring the belief that individual freedom should not be denied without good cause.
... 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.
The Criminal Law state at the age of 7, any young child that are engaged in a criminal behavior can be prosecuted in the Family Court of Law. Additionally, juveniles can also be arrested for curfews violations, refusal to obey parents, running away, skipping school, and underage alcohol consumption. The Office of Juvenile Justice and Delinquency Prevention reports that roughly half of all youth arrested are charged with theft, simple assaults, drug abuse, disorderly conduct, and curfew violations. OJJDP statistics confirms that theft is the greatest cause of youth arrests. (Martin, 2011) When they are prosecute and after the judge made there verdict, they become Juvenile Delinquent. A Juvenile Delinquent is a youth between the age of 7 and 18 who commits the act of a crime. The law also follows a specific term placement, which is:
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 the Canadian population ranging from 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 the 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 principles of these laws have been debated for a long time.
.... Sentencing juvenile delinquents are influenced by the seriousness of the crime or act committed. Therefore, the court will give a proper punishment for the delinquent acts committed.