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Solutions for juvenile delinquency
Aboriginal and mental health essay
Aboriginal and mental health essay
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Young Offenders Act in Canada The subject of young offenders in our troubled society has been one that has generated many hours of thought and meditation for concerned members. It is felt by many that the change needed in the area of delinquency within the First Nations culture is to overcome the effects of colonization and this must begin with the youth. It is with the youth that the future of the culture lies. There has been extensive research done in this area and although much of the material is not directed at one specific culture in society, the facts remain that it is a problem that is growing in epidemic proportions. Many of the programs that exist in society today do not address the problems associated with young offenders of specific cultures. Although the trend is moving in a direction that addresses programs for specific cultural groups much more emphasis must be put on these programs. For First Nations youth that are locked into the juvenile system, there must be alternative treatment programs made available that deal with the problems associated with the colonization process that generations of First Nations people have been subjected to. The process of decolonization will only be achieved through education, understanding, and perseverance, and this can only be achieved by First Nations people working with First Nations people. As indicated earlier much research has been done on the problems associated with young offenders and the current treatment programs. In the following research some of the most recent and important pieces have been used and to eliminate repetition much has been deemed unnecessary. Bibliography Cooke, David J., Baldwin, Pamela J., Howison, Jacqueline. (1990). Psychology in Prisons. London: Routledge. In the second chapter of this book the authors explain in detail the psychology of criminal behavior and how it develops at a young age. Early environment of the adolescent, along with socio-economic status of the young offenders are but a few of the possibilities explored in this book. The authors explore the many influences that can shape the lives of young people, the influences of feelings and thoughts, others behavior, and surroundings, are all thought to shape the minds of the young offender. This publication will be primarily used to explore the history and causes of the subject of young offenders. Davidson II, William S., Rednor, Robin,. (1990). Alternative Treatments for Troubled Youth: The Case of Diversion From The Justice System. New York: Plenum Press. This publication presents the findings of a research study done on alternative interventions with delinquent youth. The authors goal in writing this book was to describe an alternative intervention model and to examine its
Increased tensions during the 1960s in the context of the Civil Rights Movement started to cause an increase in crime, sparking a newfound belief in incarcerating the masses to prevent more crime from occurring. During the 1970s, the likelihood of being incarcerated increased for nearly every citizen, especially low-level offenders. Clear and Frost thoroughly explain that the Punishment Imperative in the 1980s was caused by changes in government “policies and practices associated with the increasingly ubiquitous War on Drugs” (31). Changes in sentencing guidelines, mandatory minimum sentences, and three strikes legislation were though to be initially helpful in decreasing the rate of incarceration, but they proved to do the exact opposite. Policies also regarding reentry into society, access to education, public housing, and child custody for ex-convicts continued to play a major role in the increase in incarceration because newly released convicts had an extremely difficult time reintegrating into society. Clear and Frost continue to argue their point as they reach incapacitation in the 1990s, where they discuss how the government focused generally on increasing the lengths of stay within prisons instead of increasing the amount of people being incarcerated. Clear and Frost use quantitative data to explain the government policy called
The adult system’s shifts leaked into the juvenile system, causing an increase in incarcerations even when delinquency rates were declining at the time. Juvenile reform legislations prompted more compulsory sentencing and more determinate sentences for juveniles, lowering of the upper age of juvenile jurisdiction, considerable ease in obtaining waivers to adult court for juvenile prosecution, and made it easier to gain access to juvenile records as well. Furthermore, it led to greater preoccupation with chronic, violent offenders, which in turn led to a redirection of resources for their confinement. Thereby, the absence of reliable criteria for identifying such offenders tends to stereotype all delinquents and is more likely to raise the level of precautionary confinements. These three major shifts in juvenile justice policy demonstrate the power and depth of traditional beliefs about the causes and cures of crimes in U.S. society. It also shows how the system can bend for a time in the direction of new approaches to prevention and control. Today, we are presently in a time of conservative responses where the prevailing views about crime express beliefs about prevention, retribution, and incapacitation that are profoundly rooted in our
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.
Steven Truscott was a 14 year old boy who was sentenced to life in prison after being accused of the murder of Lynn Harper. It was June 9, 1959 when Lynne Harper, a 12 year old girl, was heading towards a nearby school after having family dinner with her parents Leslie and Shirley. She was heading towards a nearby school playground in Clinton, Ontario where she came across Steven Truscott. She asked for a ride to a nearby highway. Steven Truscott agreed. Lynn clambered onto the handlebars of the 14-year-old boy's bike and they pedaled off. This short ride would trigger a chain of events that will hunt the lives of many for roughly half a decade. This would change the lives of two families, horrify a community, and bring doubts to the justice system protecting everyone’s lives. Lynne’s partially nude body was found nearby a bush in a farmer’s field two days after the bicycle ride with Steven. She had been sexually assaulted and strangled to death with her own blouse. Almost immediately, Steven was assumed to be the likely killer, although there was no physical evidence linking him to the murder. Steven was targeted as a consequence of being the last person to see Lynne alive. Two after the body was found; Steven was charged with the murder and was tried by the court as an adult. The trial lasted 15 days and Steven was sentenced to hang, which was after changed to life in prison. Now when did this misfortune start? It could have been when Steven agreed to give Lynne a ride, or it could have been when there was no physical evidence pointing to Truscott. Even if Steven was a potential suspect, there was no reason of why he should have been treated the way he was.
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
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my observations to the bail court. What I found is a systemic evidence of a two-tier justice system. In this essay, I will outline the roles of the 'regular players' of the bail court and demonstrate how the current bail process essentially transforms the Canadian Criminal Justice System into a two-tier system where the affluent and powerful are able to receive preferential treatment over the poor.
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
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.
There is no doubt that youth justice practises have changed throughout the years, these changes have been made to adapt to the new challenges that present themselves today. Crime in general, but particularly youth crime is a consistent problem for society.
The overwhelming majority of juveniles are involved in impulsive or risky, even delinquent behaviors during their teenage years. However, the majority go on to become very productive citizens who do not commit crimes. In order for this to continue the government established the Youth Criminal Justice Act (YCJA) which gives young offenders a chance to better themselves, and. By doing so, the YCJA helps teach youth that their actions are unacceptable and the punishments imposed are lesser then an adult. Through the analysis of their unacceptable actions, lesser punishments and a better future, it is clear that YCJA is highly effective at giving youth a better chance in society.
question in many peoples mind through out the nation, “How big of a problem 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 Canadian population ranging between 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 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 principle of these laws have been debated for a long time. This paper will discuss how these three laws were defined and why one was replaced by another.
The Canadian justice system is organized into the police, courts and prisons (Goff, 2013, p.295). When a crime is committed it is up to the justice system to insure that justice is served.
have not come about without criticism on constitutional grounds. Any criticism should take into account the extraordinary recidivism rates found only in the criminal class of the s...