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.
Extrajudicial Measures: When and why we established these provisions of the YCJA
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...
... middle of paper ...
...ot be proceeded with. Hence, at the end of the day there will be no permanent record of being guilty. This is beneficial because it encourages youth persons to understand and repair the harm that has been done, both to the victim and the community. The youth completing the measures will most likely acknowledge the difference between right and wrong.
However, some police have different views towards community programs that youth are being referred to through extrajudicial programs. Some police have raised concerns on the youth being referred to community programs, with assumptions of the event proceeding without a charge. In addition, this approach would not trigger any consequences for their misconduct (Reid et al., 2015). It is clear that some police are expecting youth persons to deal with the consequences since they have chosen to take part of negative actions.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Youth Criminal Justice Act Extrajudicial measures were implemented with the creation of the Youth Criminal Justice Act (YCJA) in 2003. The YCJA essentially retained all the positives that derived from the previous acts, The Youth Offenders Act and The Juvenile Delinquency Act (see Appendix A), while adding in some important changes to create a bifurcated youth justice system. This means the current youth justice system is a two-pronged system which provides paths for diversion of less serious and first time offenders, while including more punitive strategies of punishment for serious offenders (Winterdyk & Smandych, 2012, p.19).... [tags: Crime, Criminology, Juvenile delinquency]
1429 words (4.1 pages)
- 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).... [tags: essays research papers]
863 words (2.5 pages)
- 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.... [tags: Criminal Justice ]
1254 words (3.6 pages)
- 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.... [tags: Crime, Criminal law, Punishment, Incarceration]
1402 words (4 pages)
- Before a sentencing decision is made, factors surround the case and offender must be considered. As Goff (2014) mentioned sentence disparity occurs when different sentences are given out for similar types of crimes (p. 308). Not all similar cases will be treated in a similar manner because various circumstances can determine the way the case is approached. This section will review how specific factors can influence the sentencing process. Criminal Code of Canada The Canadian Criminal Code was established in 1970 and 1985, it sets out the laws of Canada as well as guiding punishments if those laws are broken. The Criminal Code outlines the procedures to be followed during the sentencing... [tags: Crime, Criminology, Victim impact statement]
1508 words (4.3 pages)
- Crime is a very universal and complex situation in our society today, humanity has grown with the concept of crime as being an act that is unacceptable in society. Today the topic of crime is seen as an ongoing topic or debate for many professions around the world, in particular one of the most looked upon topics, how can crime be processed in an acceptable way for the youth. Individuals within the ages of 12-17 legally fall under the youth criminal justice act or better known as YCJA, is it now the ongoing controversy that has erupted since the YCJA has been introduced in 2003.... [tags: Crime, Criminal justice]
1237 words (3.5 pages)
- 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.... [tags: Crime, Juvenile]
1181 words (3.4 pages)
- According to Justice For Children and Youth (2013), the first part of being in custody will be twice as long as the second part which is being under supervision. If the sentence is 2 years under the Criminal Code of Canada the length of sentencing for youths will be two years in which the first part is to be served in custody for 16 months while the remaining 8 months is under community supervision. With that information, reviewing back the case of the boys whom are 13 years old, if the court decided to go through a youth sentence and impose an indictable offence sentence, it would be two years in custody while the remaining 8 months the youths will be apart of the community supervision T... [tags: Crime, Criminal law, Life imprisonment]
714 words (2 pages)
- “Our youths now love luxury, they have bad manners, they have disrespect for authority, disrespect for older people…” Ancient Greek philosopher Socrates acknowledges the escalation of delinquency among youth in the early age’s .The rise of young offenders furthers the Canadian government to record juvenile offenders, in addition, devise an act to better control the epidemic of young delinquents. The topic of proposal is the effectiveness of the youth justice system in its response to crime. Firstly, in order to determine the effectiveness of the youth justice system, one must grasp the premise that is a delinquency, in particular a young delinquents.... [tags: Juvenile delinquency, Crime]
1372 words (3.9 pages)
- 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.... [tags: young offenders, juvenile delinquents act]
1336 words (3.8 pages)