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Restorative justice proposal
Juvenile courts and corrections
Juvenile justice canada
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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.
The Youth Criminal Justice Act has many concerns creating inequalities in the restorative justice approach. For instance, juvenile delinquents who develop from a background that is impoverished may lack the ability to satisfy the reparative objectives of punishment and may not be ready to be reintegrated back into socie...
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...rative justice: More than simply procedural justice. International Review of Victimology, 118-120. doi:10.1177/0269758012472764
Varma, K. (2007, April). Parental Involvement In Youth Court. Canadian Journal of Criminology and Criminal Justice, 49(2), 231-260. doi: 10.3138/9565-1823-66UT-507K
Voltaire. (n.d.). The Punishment of Fear. (BookRags Media Network) Retrieved November 20, 2013, from http://www.culturality.net/culture/cul_punish_fear.htm
Yoshikawa, H. (2000). Long-Term Effects of Early Childhood Programs On Social Outcomes And Delinquency. In R. M. Mann (Ed.), Juvenile Crime And Delinquency (pp. 368-372). Toronto, Ontario, Canada: Canadian Scholar's Press Inc. Retrieved November 6, 2013
Youth Criminal Justice Act (S.C. 2002, c. 1). (2002). Retrieved October 7, 2013, from Department of Jusitce: http://www.justice.gc.ca/eng/cj-jp/yj-jj/ycja-lsjpa/index.html
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
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
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
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
With increased media coverage of violent juvenile behavior, legislators began to pass laws to toughen up on juvenile crime. Many laws made it easier to waive juveniles into adult courts, or even exclude juveniles who had committed serious crimes from juvenile court jurisdiction. Furthermore, the sentences to be handed out for offenders were lengthened and made much more severe. As a result, the juvenile courts began to resemble the adult courts. Yet, this movement’s influence began to fade, and by the turn of the century, another shift had occurred. In the current juvenile courts, a balanced approach is emphasized. While the court deals with chronic and dangerous offenders with a heavy hand, needy youth who need help to get back on track are still assisted under the parens patriae philosophy. Restorative justice has come to be the preferred method of today’s juvenile courts. In an overall sense, the modern juvenile court has taken on a paternalistic view similar to parens patriae towards youths who are in need of guidance, while punitively punishing offenders who do not respond to the helping hand extended to
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.
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.
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
During this first unit of language arts, we studied ways in which justice was served. We looked at excerpts from writers like Linda J. Collier who talked about youth criminals whose treatment was split between as a youth or as an adult due to their actions. These criminals were protected under the Youth Criminal Justice Act, but they committed crimes that made them worthy of being treated as adults. Prior to this first unit, I was much uninformed about how youth was treated under the Youth Criminal Justice Act, but now I am a very familiar with the YCJA, I have a new stance towards how youths are treated, and my stance is now reinforced after learning more about youth criminals.
The concept of restorative justice became a game-changer in juvenile justice system. Through the course of time, professionals explored every possible methods and approaches that could positively affect the children without the expense of harming their future and wellbeing. The idea of restorative justice is “administer justice that focuses or repairing the harm done to the victim and the community. (Save the Children-UK, 2005)” The four guiding principles are to: (1) Repair and restore the balance within the community. (2) restitution for the victim. (3) Ensure that the offender understand and take responsibility. (4) Help the offender to change and improve. In South Africa, this is practiced in their community throughout
... 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.
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.
As the purpose of restorative justice is to mend the very relationship between the victim, offender, and society, communities that embrace restorative justice foster an awareness on how the act has harmed others. Braithwaite (1989) notes that by rejecting only the criminal act and not the offender, restorative justice allows for a closer empathetic relationship between the offender, victims, and community. By acknowledging the intrinsic worth of the offender and their ability to contribute back to the community, restorative justice shows how all individuals are capable of being useful despite criminal acts previous. This encourages offenders to safely reintegrate into society, as they are encouraged to rejoin and find rapport with the community through their emotions and
Loeber, R and Farrington, D (2000). Young children who commit crime: Epidemiology, developmental origins, risk factors, early interventions, and policy implications. Development and Psychopathology, , pp 737-762.