The JDA, YOA, and YCJA

Precursors to the JDA • • •

1857: Speedier trials to reduce jail time 1857: Creation of reformatories for delinquents (one in Upper Canada; one in Lower Canada) … But before 1908, most juveniles were still detained in adult prisons.

The JDA (1908) • Juvenile Courts • Industrial Schools (for the neglected, dependent, and delinquent) • Parens Patriae • New categories of kids: – Status Offenders – Pre-delinquents – Neglected Children

Problems with the JDA • Harsh, arbitrary, or trivial punishment • Lack of due process • Increases in youth crime

The YOA (1984) • Standardized age of offenders • Defined process of diversion (“alternative measures”) • Mandated legal counsel • Allowed only determinate sentencing • Eliminated status offenses

Consequences of YOA • Increases in all charges • Increases in custody • Permanent increase in violent charges • Temporary increase in most other charges

Criticisms of YOA • It was “soft” on young offenders (overwhelming public perception) • It “widened the net” through use of AM

The YCJA (2001) • • • • • • •

Replaces “AM” with “Extrajudicial Measures” Formalizes use of “conferences” Discourages pretrial detention Provides sentencing principles Provides new sentencing options Changes procedures for “adult” sentencing Mandates “supervision” (i.e., “parole”)