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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.
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.
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
When thinking about youth crime do you envision a country with a high rate of young offenders, gang activity and re-offending? Or do you envision a country with a significant increase of young offenders either being successfully reintegrated into society, or helped by a community when seeking forgiveness for a minor offence that they have committed? Since the passing of Bill C-7 or the Youth Criminal Justice Act on February 4, 2002 by the House of Commons, many significant improvements have been made in Canada’s youth criminal justice system on how to handle and care for young offenders. Some of the reasons why Bill C-7 was passed in Canada was because the bill before it, Young Offenders Act, had many problems and suffered large amounts scrutiny by Canadian Citizens. It’s because of these reasons that Bill C-7 had been revised multiple times before being passed, having previously been called Bill C-68, March of 1999 and Bill C-3, in October 1999. With this all being said, many Canadian citizens are still left to ponder a question of if there is even significant improvement in our Youth Criminal justice system when comparing the Youth Criminal Justice Act to the Young Offenders Act? In my opinion, there are many significant improvements that have been made in the Youth Criminal Justice Act which have aided our justice system. By addressing the weaknesses of the Young Offenders Act, the Youth Criminal Justice Act has helped Canada improve in the field of youth criminal justice by implementing better Extrajudicial Measures, ensuring effective reintegration of a young person once released from custody and providing much more clarification on sentencing options.
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
A movement has started in our country to renovate the juvenile justice system. This movement wants to erase any differences between young offenders and adult criminals. Almost all fifty states have changed their juvenile justice laws, allowing more youths to be tried as adults...
According to international standards, sentencing an individual who is below 18 years of age is against the law (Steinberg and Scott 56). According to International standards, children who are still developing do not have the same level of culpability as adults. However, the United stated violates these standards by treating young offenders as adults. Mainly, incarceration is used to correct individuals or ensure the security of the society by removing criminals who are a threat from the society. For the case of children, the main aim should be to help them reintegrate into the society. In other words, sentencing should serve children’s best interests. Such is because children are still in their developing stages, meaning there is a chance of helping them change their
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 Legal Status of Sixteen and Seventeen Year Old Youth in Ontario. Toronto, Ont.: Canadian Foundation for Children Youth and the Law (Justice for Children & Youth), 1993. Print.
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
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.
... 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.