For a long time now, the age of criminal responsibility (the age in which someone can be tried as an adult for a crime) in Canada has been set at the age of 12. Over roughly the last 2 years, a great deal of citizens have been fighting to have the age of criminal responsibility raised to the age of 16, believing that 12 is too young. On the other hand, a handful of people want it to stay the same. Surprisingly, close to no one is in favour for lowering the age of criminal responsibility to 10, when that is what the age of criminal responsibility needs to be changed to. The reason why the age of criminal responsibility should be lowered is because at the age of 10, children know the difference between right and wrong, lowering it can be a strong …show more content…
Knowing that the age of criminal responsibility is at the age of 10 can make children think twice about the consequences to their actions. Not only that, both parents and teachers alike will need to put a greater effort in teaching their children the negative outcomes committing a crime can lead to. In September of 2013, an eleven-year old was arrested by a police officer for the sexual assault of a thirteen-year old girl. The eleven-year old knew that he would not be charged because of his age, and said to the police officer who arrested him; “You got me. So what are you gonna do?” This child was well aware that nothing can be done to punish him for this action, and he is most certainly not the only kid in the world who knows this. If the age was criminal responsibility was lowered to 10, this child could have been punished for what he did and he would know that he couldn’t get away with this again. Unfortunately, the age of criminal responsibility wasn’t 10, and the child was able to get away with committing sexual assault, and could do it again knowing that nothing can be done to stop
Within the last five years, violent offenses by children have increased 68 percent, crimes such as: murder, rape, assault, and robbery. Honestly, with these figures, it is not surprising at all that the Juveniles Courts focus less on the children in danger, and focus more on dangerous children. This in fact is most likely the underlying reasoning behind juveniles being tried as adults by imposing harsher and stiffer sentences. However, these policies fail to recognize the developmental differences between young people and
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
According to Center for Disease Control and Protection, about 4,700 people under age twenty one die from injuries involving underage drinking every year. Illegal alcohol consumption has been a major problem with high school students around the nation. Lowering the drinking age from twenty one would result in major consequences for America’s adolescents. By lowering the drinking age, alcohol would be more accessible to those who choose to participate in underage drinking. The desire to drink for teens and young adults between the ages of fourteen and twenty can be caused by peer pressure or an act of rebellion. One beer might not seem like a big deal at the time, but it could lead to a life of addiction and alcoholism.
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.
In the late 1960’s to mid-70’s the legal drinking age was 18 because the voting age of 21 was lowered to 18. However, in 1984 a bill was passed that every state in the United States was to change the legal drinking age from 18 to 21. Although this is a highly controversial topic many young adults believe lowering the drinking age back to 18 is best because if they may vote at the age of 18 then, they should be allowed purchase alcoholic beverages. In an article “Should the U.S. lower its drinking age?” written by Brandon Griggs introduces the pros and cons of lowering the drinking age. Griggs explains two generations ago young adults didn’t have to worry much about getting caught drinking or buying their way out to purchase alcohol. Nowadays
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
In today's society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accused of a crime - serious, violent, or otherwise? The juvenile crime rate that was so alarming a few years ago has begun to fall - juvenile felony arrest rates in California have declined by more than forty percent in the last twenty years. While California's juvenile population rose by a half a million since the middle and late 1970's, juveniles made up less than fifth-teen percent of California's felony arrests in 1998, compared to thirty percent in 1978; according to the Justice Policy Institute. The juvenile arrests have dropped back, even as the population of kids between ages of ten and eight-teen has continued to grow, and the number of kids confined in the California Youth Authority (CYA) has fallen. With all the progress our society has made in cutting back in juvenile crimes there is still a very serious problem. But if locking kids up is the best way to address it, how do we explain a drop in crime when there are more teens in California and fewer in custody? First we must look at the economy around us. With so many job opportunities available more and more teenagers find honest ways to keep busy and make money. Our generation has a brighter future than the generation a decade ago. Next we look at successful crime prevention efforts: after-school programs, mentoring, teen outreach programs, truancy abatement, anti-gang programs, family resource centers. There is evidence that these programs are beginning to pay off. Sending more, and younger teens through the adult court system has been a trend across the country in reaction to crimes, such as school shootings and violent rapes. Yet evidence shows that treating youth as adults does not reduce crime. In Florida, where probability wise more kids are tried as adults then in any other state, studies found that youth sent through the adult court system are twice as likely to commit more crimes when they're release...
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
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).
The controversy on the proper drinking age is one that has been repeatedly discussed and researched over the years. Its common to hear the argument “If someone is old enough to take a bullet for their country, they should be allowed to drink alcohol.” But is that enough justification? Some would say no. “According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA) it is estimated that in 2004 there were more than 1,700 student deaths, 599,000 injuries, and 696,000 assaults annually associated with excessive drinking” (Fennell 247). Given these numbers, would lowering the drinking age really be the best thing for America’s youth?
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.
Today?s court system is left with many difficult decisions. One of the most controversial being whether to try juveniles as adults or not. With the number of children in adult prisons and jails rising rapidly, questions are being asked as to why children have been committing such heinous crimes and how will they be stopped. The fact of the matter is that it is not always the children's fault for their poor choices and actions; they are merely a victim of their environment or their parents. Another question asked is how young is too young. Children who are too young to see an R rated film unaccompanied are being sent to adult prisons. The only boundaries that seem to matter when it comes to being an adult are laws that restrain kids from things such as alcohol, pornography, and other materials seen as unethical. Children that are sent to adult prison are going to be subjected to even more unprincipled ideas and scenes. When children can be sent to jail for something as minor as a smash and grab burglary, the judicial system has errors. The laws that send juveniles to adult prisons are inhumane, immoral, and unjust. Kids are often incompetent, which leads to unfair trials. Adult prisons are also very dangerous for minors, and in many cases this leads to more juvenile crimes.
Upon committing a crime in Canada, a judge must determine not only if the accused did in fact commit that crime, but also if they were in control of their actions by assessing their state of mind. Accountability needs to be determined of an individual action to be convicted of crimes. An individual does not have accountability of their crimes if they have no knowledge of their actions or do not understand right from wrong. If the accused is found that they were not in control of their actions, and have no accountability to the crime they committed they are deemed not criminally responsible on account of a mental disorder (Nevid, Greene, Johnson, Taylor & Macnab. 2001). Regarding not criminally responsible individuals, an extensive assessment needs to be conducted and public safety needs to be accounted for. Canada has made great improvements on the criminal code and the way not criminally responsible individuals are cared for.
Under fire from the date of its creation, the debate over the validity of the Young Offender’s Act continues. Should the YOA remain in its current form as a part of the Canadian legal system? An examination of the reasons it is seen as being ineffective, the need for change, and the suggested amendments and substitutes will provide an accurate picture of the situation from which a conclusion can be drawn. The young offenders act in its current form is nearly optimal. However, there enough reasons for its alteration that a serious consideration of amendments should be considered.