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How does rehabilitation in prisons affect recidivism
The role of incarceration in reducing recidivism
Juvenile justice canada
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Young offenders are persons under the age of 18, who are convicted for a criminal offence. The Juvenile Delinquents Act was made in 1908 and active until 1984. The Young Offenders Act was made in 1984 and active until 2002. The Youth Criminal Justice Act was made in 2002 as a replacement for the Young Offenders Act, which set out the process for responding to young offenders. These three famous young criminals were convicted of murder and tried as adults in court, resulting in them doing time at the Kingston Penitentiary. Antoine Beauche was given a three-year sentence at Kingston Penitentiary. He was eight years old. Inmate Elizabeth Breen was beaten six times when she was only 12 years old. Irish immigrant Grace Marks was 16 when she was convicted for the murders of her wealthy employer, Thomas Kinnear, and Nancy Montgomery, his housekeeper and mistress. The Canadian justice system is strict on its young offenders, this is seen through the Youth Offenders Act, sentencing, and rehabilitation.
The Young Offenders Act (YOA) represents a change concerning the treatment of youthful offenders and is based on the following principles: young people should bear responsibility for the illegal acts they commit, young offenders may require supervision, discipline, and control, they require guidance and assistance, other methods than the formal court process should be considered when dealing with young offenders, young people have rights and freedoms, and parents have the responsibility for the care and supervision of their child. The legislation revised the age limits regarding criminal responsibility, emphasized the need for protection of the society from juvenile crime, and the need for young offenders to be accountable for their actio...
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“The Effects of Prison Sentences on Recidivism.” Public Works and Government Services
Canada. Accessed January 21, 2014. http://www.prisonpolicy.org/scans/e199912.htm.
“The Youth Criminal Justice Act Summary and Background.” Government of Canada. Accessed
January 17, 2014. http://www.justice.gc.ca/eng/cj-jp/yj-jj/ycja-lsjpa/back-hist.html.
“Youth and Criminal Justice Act.” Government of Canada. Accessed January 17, 2014. http://www.justice.gc.ca/eng/cj-jp/yj-jj/ycja-lsjpa/index.html. “Youth court statistics in Canada, 2010/2011.” Government of Canada. Accessed January
17, 2014. http://www.statcan.gc.ca/pub/85-002-x/2012001/article/11645-eng.htm.
“Youth Crime and Punishment: Countering the claims.” The John Howard Society. Accessed
January 21, 2014. http://www.johnhoward.on.ca/pdfs/fctsh-4.pdf.
One of the fasting growing juvenile treatment and interventions programs are known as teen courts. Teen courts serve as an alternative juvenile justice, to young offenders. Non-violent, and mostly first time offenders are sentenced by their peers’ in teen courts. Teen courts also serve as juvenile justice diversion programs. Teen courts vary from state to state, and sometimes within the same state. With this program, all parties of the judicial setting are juveniles with the exception of the judge. Each teen court, is designed specifically to meet the needs of the community it serves. Teen courts were created to re-educate offenders throughout the judicial process, create a program with sanctions that will allow the youth not to have a juvenile record, and to also instil a sense of responsibility.
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
The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent
In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the Young Offenders Act and the social needs approach underlying the Juvenile Delinquents Act. This goal is apparent in the Declaration of Principle stating th...
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.
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
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
The quagmire of placing juveniles in adult facilities is the risk factors juveniles may experience while incarcerated. Being that juveniles are young and smaller to the adult offenders, they may be seen as a prey or easy target for rape, assault, mental issues which eventually leads to suicide. We must keep in mind that juveniles are youth meaning they are still a child, not an adult and should not be exposed to adult incarceration environment. Although it is cost saving to place juveniles and adults under one facility, it is unethical because they are not built and yet mentally ready and prepared to experience adult facilities. Alternative strategies are available to assist juvenile detainees such as healthcare, education, recreation, and work experience. The Juvenile Court Act of 1899 gave leniency to youth under the age of 16. Placing youth detainees with adult offenders will result in the reduction of rehabilitation services for youth, while increasing the rate of being a victim as a potential prey o...
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 history of juvenile crime over the course of the last hundred or so has ben a change of practicality to formability. Crime has been alive since there has been opportunity and something of value to other and means to get said valuables, notwithstanding age. Parameters have historically been put in place to counteract, penalize those who committed wrongdoing. When the first s...