An argument against proposed changes to the Youth Criminal Justice Act Flashcards
What is the current law/approach for youth who commit crime?
Canada currently has a youth justice system that reflects the UN convention on the Rights of the child, and acknowledges that youth, under 18 years, have not developed full moral and ethical responsibilities and cognitive abilities to process criminal intent.
What is the proposed change?
It would be changed to achieve stiffer sentences for youth 14 years and older convicted of serious violent offences such as murder or manslaughter
There is a change to publishing cases - so kids would not remain annonymous
What are the risks of treating adolescents as adults?
Trauma
Violence
Abuse
Interfering with cognitive, emotional and psychological development
What type of comorbidities do the kids in custody tend yo have?
Depression
Anxiety
ADHD
Substance abuse
What does the UN convention for children say about treating children as adults in the judicious system?
“Children who break the law should not be treated cruelly. They should not be put in prison with adults, should be able to keep in contact with their families, and should not be sentenced to death or life imprisonment without possibility of release.
What are the important developmental concerns with this issue?
Adolescents are still developing and their need to be guided into adulthood as opposed to simply punished.
Diminished decision-making capacity
Susceptibility of peer influence
Unformed character
Research shows that young people’s brains are not fully developed to allow for adult-level reasoning and weighing of consequences
Poor development of prefrontal cortex: executive functions, consideration of alternatives, planning, setting goals, organisation.
Are children in youth facilities more likely to re-offend?
No. There is no evidence that there is any difference in re-offense (between youth facilities and adult facilities)
Why is deterrence and denunciation not supported for youth?
Because adolescents are not future oriented. They tend to focus on the here and now and are less likely to think about future consequences.
There is no evidence that adolescents are deterred from criminal activity by the threat of harsh sanctions
Is there evidence to support this change to the youth court?
No.
What is the comorbidity of mental health disorders in incarcerated youth?
70%
