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The criminal justice system in canada
Essays on youth crime and parenting
Canadian juvenile justice system
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The Young Offenders Act
The federal government of Canada fifteen years ago, in 1984, the Liberal party changed the Juvenile Delinquents Acts to the Youth Offenders Act to have a “More human approach to the rights of young people before the law”(Leschild and Jaffe, 8:1991). In the present such as Premier, Mike Harris, of Ontario wants the federal government of Canada to scrap the Young Offenders Act. In 1999, the same party that came up with the act is making majors changes to the act. This report will look at the young offenders act at the present time, look at why kids commit crime, what is being done to improve the act, what has the province done towards teenagers and also a look at the United Sates youth system.
WHAT IS YOA
The YOA the Young Offenders Act, which replaced the 75 years old Juvenile Delinquents Act in 1984, came into effect because since the courts where acting in the best interest of the children, little attention was paid to the rights of the children (Dickinson et al, 1996: 403). This had to be changed because of the new Canadian Charter of Rights and Freedom which was passed in 1982 stated that in section 15 that “equality before the law without discrimination based on age ”(Dickinson and others, 1996:744). The changes that were made to the YOA were that age that a child under the age of 11 could not be held criminal responsible. While between the age of 12-17 he or she could be held partial criminal responsible. Once you reached the age of 18, an adult you were full criminally responsible (Dickinson, 404:1996). If a young offender is sent to court the detail of the crime may be published, but the young person’s name or a young witness’ name could not be identified. The reason for this was for young people to have another chance in life if they screw up and also to protect a young person’s identity especially a witness (Justice Canada, 19:1988).
WHY DO KIDS COMMIT CRIME:
Why do kids commit crime, they are many answers but are there any correct answers to that question. Andree Ruffo is a youth court judge in Pointe-Claire, Quebec. She believes that kids commit crime and have to appear in court because of expressing themselves or trying to tell someone that their something wrong with their life, or their needs are not being met. She also feels that parents have a lot of problems on their own as she stated that “M...
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...en cutting the number of new crimes committed by teenagers as much as 70%. The provincial government is now using this program. This program is known as MultiSystemic Therapy or MST, which is working the problem with the troubled kid. You are in the kids home almost every second day and Kelly McDonnell, a clinical supervisor for Peel area said, “You are in there. You are getting to the bottom of the problem”(Tyler, 1998: Internet).
CONCLUSION:
The Youth Offenders Act is a hot issue. On any given day you can not open up a newspaper or turn on a T.V and not find an article or a broadcast about the Young Offenders Act. The government has started to make changes, but could more changes be done or even faster? . The question will these changes make it better or turn it into a worst system then it is at the present, only the future will tell. Who is to blame for the youth offenders of this country could it be the parents who sometime do not have too much control of them or who do not care or known what their kids are doing are could we blame the media for influencing their minds. Let put a stop to youth crime and help these children before they get into trouble with the law.
The article "Not to Punish But to Reform': Juvenile Delinquency and Children's Protection Act in Alberta” was written by Dr. Rebecca Coulter. This article was originally published in Studies in Childhood History: A Canadian Perspective in 1982. I accessed this article from the textbook Social Welfare Policy in Canada: Historical Readings by Raymond Blake and Jeff Keshen.
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
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
In conclusion, the YCJA in an overall advantage for Canada’s justice system. It separates adults from the youth, taking their level of maturity, level of development, and other factors into consideration. The youth cases have been continuously dropping, in general. Both violent and non-violent crimes are declining. This act helps the youth to rebuild themselves and recover. Because they do not focus on punishments, the juveniles are changing for the better. The YCJA prioritizes rehabilitation and reintegration. They help the offenders fix their wrongdoing. Clearly, the YCJA should not be eliminated.
This creates a disconnect between what the facilitators of the program intend, and how the participants perceive the experience. This disconnect is formed because the participants do not see “beaten down losers”, as an adult would, they instead see “strong, muscular adults” (Sullivan). One other juvenile crime prevention program, which Jessica May, of the Hofstra NSLIJ School of Medicine, presents as an alternative to the Scared Straight program is called Multisystemic Therapy, or MST. Also, a great flaw in Multisystemic Therapy is the high price, which is often out of reach for lower income families, and requires a great deal of time and commitment, making it less appealing than the quick-fix offered by Scared Straight.
felt by many that the change needed in the area of delinquency within the First
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 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
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
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.
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.
... 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.
Youthful offenders have a reason for the crimes they have committed. Past life trauma is one of the most common causes for youthful offenders to stand in a criminal court. But the big guys seem to not understand the development of children/teenagers are going through. No matter how critical the crime has appeared, everyone should stop for one second and stand in their shoes. Up until today, youthful offenders, no matter how young they are, they are being treated as adults. Youthful offenders being tried in criminal courts as adults, criminal courts are putting them at risk from the dangers in adult prison facilities. As a result, the past trauma that youthful offenders experienced and were the factors that caused them to commit their crimes;