Youth within the Canadian justice system lose their identities. Their age places them under the jurisdiction of the Youth Criminal Justice Act. The criminal charges identify them as criminals and their “’character traits’ … label [them] for society” (1957:45). Such procedures as pre-sentencing reports, encapsulate their history and reduce the youth to “object[s] of a more or less easy absorption” (1957:45). It is this pre-sentencing report compiled by a probation worker that gives direction to the judge in determining a sentence. A probation officer will interview the youth, their families and friends and will create a picture of the character of the accused and how they plan to reform. This is used to help the judge determine sentencing but it is also used as a means to identify the character of the youth and his subsequent labelling and treatment in the future. This documentation will follow them throughout their youth within any governmental agency. Youth are misled by those within the system, not for their own good, but for what those within the system believe is in their best interest. This includes such things as plea bargains, chemical restraints and permanent labels; all of which rob them of their voices and their identities.
A risk-needs assessment is also developed by the probation officer that follows the youth to their custodial facility, group homes and community intervention programs. The risk-needs assessment was developed in the 1980s and is founded on an ideology that has three beliefs. The first is that criminal behaviour can be accurately predicted and the higher the risk means the more treatment that should be provided. The second is that this behaviour has triggers that cause it and these should be the focu...
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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
This essay begins with the introduction of the Risk-Needs-Responsivitiy Model which was developed to assess offending and offer effective rehabilitation and treatment (Andrews & Bonta, 2007). The R-N-R model “remains the only empirically validated guide for criminal justice interventions that aim to help offenders” (Polashek, 2012, p.1) consisting of three principles which are associated with reductions in recidivism of up to 35% (Andrew & Bonta, 2010); risk, need and responsivity. Firstly, the risk principle predicts the offenders risk level of reoffending based on static and dynamic factors, and then matched to the degree of intervention needed. Secondly, the R-N-R targets individual’s criminogenic needs, in relation to dynamic factors. Lastly, the responsivity principle responds to specific responsivity e.g. individual needs and general responsivity; rehabilitation provided on evidence-based programming (Vitopoulous et al, 2012).
Allerton, M, Butler, T, Champion, U & Kenny, D 2003, 2003 NSW Young People in Custody Health Survey: A Summary of Some Key Findings. Australian Institute of Criminology, [Online]. Available at: http://aic.gov.au/events/aic%20upcoming%20events/2003/~/media/conferences/2003-juvenile/kenny.ashx, [Accessed 14 April 2011].
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
...Introduction to Crime and Social Control in Canada (pp. 93-110). Toronto: Holt, Rinehart, and Winston of Canada.
juvenile justice” (Elrod & Ryder, 2011) is to detour juvenile crimes and not be so easy on
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.
The juvenile community corrections population has experienced a tremendous growth over the past two decades. In cities like Miami, Florida in places like Liberty City, called “Pork and Beans,” the volume of adjudicated youths ordered to formal probation increased by 67% according to Adams (2011). Juvenile crime has been on a rise, in Miami, Florida since 2002. The police believe that young people are becoming targets, more than before because they are young and are sending them to juvenile court. This growth has had serious inferences for juvenile probation officers that make frequent choices about the case management of juvenile offenders on a daily basis. Juvenile probation officers have to type dispositions and assignment references,
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
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
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.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Mulder, E., Brand, E., Bullens, R., & Van Marle, H. (2010). A classification of risk factors in serious juvenile offenders and the relation between patterns of risk factors and recidivism. Criminal Behaviour & Mental Health, 20(1), 23-38. doi:10.1002/cbm.754
...ed debt, family breakdown, loss of employment, and social stigma’, which has raised ‘important questions’ regarding increasing numbers of young people who have ‘multiple social needs’. It is argued ‘many young people continue to be left unsupported on completion of their sentence’ and as a result the risk of re-offending is largely increased which has led to a failure of reducing reconviction levels’ which Solomon and Garside (2005:52) argue, is ‘a reflection of the lack of service provision available to children and young people once they leave custody or the supervision of a YOT, as well as broader Socio-Structural Factors.