Transcript Youth and Crime

YOUTH AND CRIME
History
• 1908- Juvenile Delinquents Act- behaviour attributed to
lack of proper guidance- sent to Training Schools- centres
for disciplinary and vocational instruction
• Evidence showed a high rate of recidivism
• Age differed in each province- mostly up to 18 but some
provinces at 17
• After 1982 the JDA did not meet the new Charter
History
• 1984- Young Offenders Act- 12- 18 identified as a young
offender- dealt with by the justice system (community)
• Accountable for their crimes but at a lower level of
accountability than an adult
• Additional rights for youth in connection with the Charter
• Evidence showed an increased in violent crime in youth
from 1984 to the 1990’s
• Many youth sent adult institutions
History
• By 2000 Canada had one of the highest youth incarceration
rates in the world- yet public opinion centered on the belief that
youth needed to be held more accountable
• 2003 the Youth Criminal Justice Act (YCJA)
• The purpose of the YCJA is the long term protection of society-
address the reasons for criminal behaviour
• Punishment should fit the crime- under the YOA minor offences
led to incarceration
• Extrajudicial measures
Youth Criminal Justice System
• Extrajudicial sanctions- community based programs
aimed at having youth take responsibility
• No record- see handout diagram from Law in Action (pg.
367)
• Extrajudicial sanctions can only occur if:
- The youth agrees to participate
- Right to consult a lawyer has been issued
- An acceptance of responsibility is met
- There is sufficient evidence that if need be the youth will
be tried in court
Youth Criminal Justice System
• Parents must be informed
• Record is gone after two years of completion (and no
other crimes have been committed)
• Youth Justice court is the other option- 12- 18. If a youth
has turned 19 they will still appear in the youth court if
they committed the crime when they were 18
• Adult sentences can be given if requested by the Crown
Sentencing Options
• Custody- incarceration in a youth correctional facility- will serve
2/3 in the facility and a third in the community under
supervision
• Open custody- group home- live under certain restrictions
• Post custody- a youth worker or probation officer will monitor
conditions of the youth (attending school and other programs)
• Cannot extend beyond 2- 3 years of supervision
• Youth convicted of murder can receive a maximum sentence of
10 years
Case Studies