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Youth criminal justice act
Youth criminal justice act
Youth criminal justice act
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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.
According the Department of Justice, “the Juvenile Delinquents Act stated that every juvenile delinquent shall be treated, not as a criminal, but as a misdirected and misguided child”. However the law also stated that children over the age of 14 who are accused of committing an indictable offence, that being murder or treason, be tried in an ordinary court, not a youth court. The communication on this particular act is not clear. It would leave room for one to argue that if someone 13 committed an act of murder they to should be tried as an adult. The JDA faced countless amounts of criticism and was seen as the
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The YCJA is focused on rehabilitation and a decrease in the use of youth courts (Barnhorst 231:2004). “The Youth Criminal Justice Act encourages but does not mandate conferencing. Conferencing is a process that brings people together to give advice regarding a decision required following the commission of a harmful, illegal act by a young person” (Hillian, Reitsma-Street & Hackler 343:2004). There has been proven success from the YCJA, however there still appears to be provincial variations when it comes to the use of youth courts and crimes. “The YCJA has succeeded in significantly reducing the rates of use of courts and custody without increasing recorded youth crime” (Bala, Carrington & Roberts
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
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
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.
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.
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.
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 McCreary Centre Society. (2005). Time Out II: A profile of BC Youth in Custody.
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
The YCJA took effect on April 1, 2003, emphasizing the use of diversion programs that were aiming to decrease the use of over-reliance on incarceration for young non-violent persons (The Youth Criminal Justice Act Summary and Background, 2016). Extrajudicial measures were one of the main tactics. Extrajudicial measures should be used in all cases where they are be able to hold a young person accountable for his/her actions, be efficient to hold...
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.
In juvenile court, the judge must decide if the teen gets tried as an adult or minor. If the juvenile gets sent to a juvenile detention center for murder they will live their lives there until they are twenty one, but if tried as an adult they will serve so many years in prison. There is a grey area of law for certain teens that commit serious crimes. In this case of the grey law, each state gets to decide upon the particular state how they person is tried. For most cases pertaining to the juvenile courts are case by case bases. Many believe that it isn’t fair for the teens to be locked up with adults. The U.S. House of Representatives made the Juvenile Justice Act encouraging states to find alternatives to having the teens go through such a process with people much older than themselves (Locked Up…).
... 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.
It misled that youth could be innocent when charged in every case. However, children have the same intelligence as adults to know the consequences of doing wrong things. Thus, children who were convicted of criminal offences would face the same penalties and were treated as adult offenders (The Evolution of, 2009, p1). However, sometimes, penalties go beyond justice – these children would receive harsh punishment for minor criminal acts. As a result, the first Canadian law on juvenile crime, the Juvenile Delinquency Act (JDA), was adopted by Canada in 1908....