*** Cards

Question 1

Girls and Corrections***

Answer 1

Given smaller number of girls/women in CJS (compared to males) there has always been a more limited range and level of attention paid to programming for girls/women. Historically they’d teach females to be a “proper women”. Either that or it shifted to thinking of them as “monsters”…then to paternalism.

• Another injustice includes overuse of custody on girls who offend — especially true for failure to comply offences
• Inadequate programs and facilities
• Paternalism used to “protect” girls
• Sentencing often done with idea of “best interests” of young women (is this a throwback to the JDA?)

Question 2

New Issues***

Answer 2

• Age and adult accountability: Contrary to UN specifications, Canada continues to have youth held in adult institutions in some cases
• Pretrial detention: continuing to increase with the YCJA
• Release conditions: criminalize more youth because release conditions are too restrictive for teens to live up to
• Parental rights/supports: The YCJA does not adequately support parents who are trying to be effective parents
• Cross-over kids: The justice system has failed to address the needs of those who start in the welfare/foster care system (under age 12) and become involved in the youth justice system.

​Aboriginal youth issues

• Racism
• Effects of colonialism
• Cultural differences in meaningful justice
• Suicide, addictions, and other social problems
• Blurring/blending of child-welfare and youth justice system involvement (cross-over kids)

Aboriginal youth are overrepresented at all stages and levels of the Criminal Justice System. The UN has continued to insist that Canada do a better job addressing this. Overrepresentation and the underlying issues that have precipitated it.

Question 3

Baumrind claims four types of parenting style***

Answer 3

each has variable degrees of demandingness and responsiveness

• Authoritative: These parents set standards for their children. They also set realistic expectations based on age of child. Discipline is discussed openly between parent and child. Bill Cosby and Theo.
• Authoritarian: These parents value obedience and authority in home. Children restricted in movement and punished with punitive means. That 70s show; often hard on son soft on daughter / or everyone.
• Indulgent: These parents allow kids considerable freedom to do as they want. Parents see themselves as friends of kids. Shun formal discipline. Adam’s Family.
• Indifferent: Neglectful parents who spend little time physically with kids. They are not emotionally invested in lives of their children.

Question 4

Adult Sentencing and the YOA ***

Answer 4

• Those over 14 charged with a serious indictable offence could be transferred to an adult court; those 16 or 17 were automatically transferred unless they could demonstrate why they should be tried in youth court (reverse onus)
• Youth could receive an adult sentence
• Primary concern was where youth would receive best opportunity for rehabilitation
• The YCJA addressed concerns about bureaucratic and legal issues with the transfer system in place under YOA
• Primary change is that all youth charges are heard in youth court
• Adult sentences would be imposed for some convictions

_______

• Presumptive offences: “serious offences” and “serious violent offences” committed by a youth over the age of 14 for which an adult could receive a prison sentence of more than 2 years.
  a) This provision was determined to be a Charter violation and was removed under the changes imposed by Bill C-10
  b) Only to be used for youth under 16, if it is felt a youth sentence would not enough to hold them accountable: offences considered presumptive; murder, attempted murder, manslaughter, and aggravated assault.**** [I find this confusing; Find part a&b confusing. find and read it in book]
• If a youth is over 14 and has committed a serious violent offence for which an adult could be sentenced to more than 2 years, the Attorney General may apply to the youth justice court to have an adult sentence imposed
• Where a youth pleads not guilty and the case goes to trial, he or she may now elect a trial by jury if an adult sentence is being considered or if facing a charge of murder

Question 5

Bridging the Gap: Aftercare and Community Reintegration ***

Answer 5

• Determinate sentences: Short sentences may disrupt programming for young offenders & hinder progress made. Should we keep them longer? — Unknown.
• Aftercare programs: provide skills and supports once a youth is released from custody. Throughcare
• Aftercare is tied to the community, which may explain success rates; More success in the city, less in rural communities.
• MST Multi-systemic Therapy: provides interventions to youth and his/her family. Perspective allowed for developing strategies within entire family so that youth & family can be empowered & productive. This addresses many of the factors that lead young people to be involved in the Justice System in first place — Holistic and very successful.

Question 6

Parenting Style: Dianna Baumrind claims that there are two most important components of parenting…

Answer 6

• parental responsiveness
• parental demandingness

Question 7

Youth Sentences: Non-custodial ***

Answer 7

• Reprimand: a lecture from the judge rather than an actual sentence
• Absolute discharge; no penalty
• Conditional discharge; if the conditions met the record is erased
• Fines; no more than $1000
• Community Service Order; no more than 240 hours and 12 months to complete
• Probation: Maximum is 2 years (3 in adult system)
• Treatment Order/ISSO, Intensive Support, & Supervision Order; court may detain youth for treatment in appropriate facility
• Attendance order; maximum of 240 hours (to attend treatment, etc)

Question 8

Parental demandingness

Answer 8

the extent to which parents are demanding of appropriate behaviour from their children

Question 9

Youth Centres ***

Answer 9

• Secure custody: under the YOA, required great restrictions of movement of youth offender both inside/outside of jail
• Open custody: under YOA, required fewer restrictions on movement both inside/outside of jail than secure custody
• Provinces varied in how they designated youth detention facilities, as either open or secure
• In Ontario, custody was further determined by age: 12-15 (phase I) and 16-17 (phase II)
• The YCJA does not require youth court to specify level of custody for young offenders
• All provinces required, however, to have both levels of custody in their jurisdiction
• The 2 phase system in Ontario was divided across 2 governmental ministries
  
  • phase 1 was administered by ministry of community and social services
  • phase 2 was under jurisdiction ministry of solicited general and correctional services
  • Now though the provincial director determines levels of custody after the young person has been sentenced.

Question 10

Positive directions***

Answer 10

It is argued that while the programming itself is often the focus of attention, it is the method of delivery that is most critical. Specifically staff must be aware of trauma issues and take a relational approach to their work. This approach has been the focus of youth custody recruitment for some time and is still discussed by hiring professionals today. Not all staff take this approach, but there’s an increased emphasis on finding appropriately trained and focused staff for female facilities. This seems key to rehabilitating, reintegrating and recreating healthy girls.

• Safe, supportive, female-centred environment with staff reflective of race and sexual orientation of the girls in custody
• Gender-responsive programming
• Varied educational and vocational programs
• Programs target abuse, eating disorders, assertiveness, parenting, child development, health, empowerment, relationships

Question 11

4 kinds of Diversionary Measures

Answer 11

1. restorative interventions
2. reconciliation mediation
3. retributive restitutive
4. rehabilitory eductional

Question 12

Is Youth Court Sentencing a “Slap on the Wrist”? ****

Answer 12

• Those who hold view usually based on extreme isolated cases found in media
• The term is also relative: All youth court cases are different
• Problem of comparisons: How to compare adult system with youth system?
• Comparisons between the JDA, YOA, and YCJA are also unfair

There are some who believe the provisions in the YCJA allowing the attorney general to apply for adult sentence (at 14 for specific offences) is not enough. They believe that those younger than 14 who commit serious violent offences are literally getting away with murder. A discussion might ensue about the UN provisions, which demand that we consider the youth offender as not fully capable of understanding consequences of his/her actions and the balancing act between considering youth as vulnerable and youth as out-of-control.

Question 13

What Isn’t Addressed ***

Answer 13

• Learning disabilities (LD)
• Those with LD are at a greater risk of getting involved in the youth justice system
• They often don’t get help while in the system
• Youth with LD are less successful at reintegration

Question 14

Role of Culture ***

Answer 14

How is Aboriginal culture different from non-Aboriginal culture? Four core beliefs:

1. Not burdening others with one’s problems
2. Thinking about the present and future rather than to the past (adversarial system is all about the past). Restorative justice is forward looking.
3. A focus on the collective rather than the individual vs western individual based.
4. An emphasis on healing and reconciliation

Indigenous cultures are not all the same. They are diverse but there are also commonalities among them. Not burdening others, thinking about present and future rather than past conflict with the expectations of most correctional programming. We expect offenders to acknowledge their feelings, accept responsibility for past behaviours and this is counter to the cultural expectations that are their norm. We also ask offenders to take responsibility for their actions and to talk about themselves, their feelings, and their plans for themselves (individualistic). Further our adversarial system focuses on punishment and reparation more than on healing and reconciliation.

Question 15

Correctional Programs ***

Answer 15

• Designed to help facilitate rehabilitation and reintegration
• Includes programs in custody, as well as those following release or those given community sentences such as probation
• Community programs are usually contracted out to transfer payment agencies such as Elizabeth fry, John Howard society, St Leonard society and others.
• Variation in types of programming available in each facility/community program

​Types of Programs ***

• General: apply to all offenders; life skills, education and recreation
• Offence-specific: anti-shoplifting/ firesetting/sex offending
• Offender-specific: offender’s problem behaviours; substance abuse/ anger management.

Question 16

Rethinking Correctional Responses to Girls***

Answer 16

• In Alberta protection of children involved in prostitution act — allowed authorities to hold a young person under 18 involved in prostitution. Young women and men who were apprehended for prostitution in order to help protect them may be placed at greater risk because they will then operate further underground (in order to avoid further apprehension and punishment at hands of pimps).
• There are constitutional/legal rights issues in using JS to “protect” girls
• Some provinces have attempted to enact laws that protect girls from prostitution and their own actions
• Apprehension may increase a young prostitute’s victimization upon release

Question 17

Ongoing Issues ***

Answer 17

• Law reform: The YCJA was significantly changed by Bill C-10. Under bill C-10 there has been a significant shift towards a youth justice system that more closely resembles adult system of justice —conflicts with UN Declaration on Rights of Child. Minimum sentences & changed rights (some argue to violate human rights).
• Age: Pressures continue to lower the minimum and maximum age of inclusion
• Privacy: The YCJA definition must be reviewed due to social networking sites & other technology (blogs, texts, etc.).
• Parental responsibility: continues to be debated & currently several provinces have parental responsibility legislation
• Currently, parents in some provinces may be asked to repay legal aid costs if their child goes to court.

Question 18

Equality and Social Justice ***

Answer 18

• Problem is that Aboriginal youth are subject to Eurocentric justice practices
• Life experiences of minorities differ from rest of society
• Social injustice prevails in the youth justice system when laws and policies do not recognize cultural differences between Natives and the principles of the Canadian justice system (euro-centric justice?)
• Difference between equality and equity: Fair does not mean the same. Notions that all young offenders should be treated the same in order to avoid discrimination leads to a lack of fairness in experiences of minority groups.

Question 19

Transformative Justice ***

Answer 19

• Tied to Mennonite and Quaker communities
• Critical of some aspects of restorative justice
• Ruth Morris wants process include social inequalities existing prior to criminal act
• Using somewhat different language the Transformative Justice model (Ruth Morris) suggests that restoration is misleading and suggests to victims that they may have their lives restored to their former capacity. She argues this is not possible but that victims could work towards a positive transformation instead. She also looks at the use of the term ‘restorative’ in relation to offenders; she suggests that no-one would wish that they could be restored to their former capacity either. For both, there is racism, classism, disempowerment and marginalization at work which we must transform and move beyond.

Question 20

Legal Rights ***

Answer 20

• The YCJA allows/provides for special protections
• Youth to be informed of their legal rights in language that is age-appropriate
• Rights to consult parent, access to a lawyer, and the presence of lawyer/other adults when making statements to police
• Right to privacy (media publication ban). Youth don’t necessarily truly understand rights (Research indicates that until 16). Those younger than 16 perceive rights to be tied to evidence of guilt/innocence, rather than appreciating they have no bearing on one’s need/ability to assert one’s rights.

Court Sentencing

• The YCJA allows for sentencing conferences before the sentence is imposed
• Pre-sentence report content is also considered; contain info about use history; family peers, school, offending, substance abuse, maturity, etc. They may also interview family, teachers, or other social service/justice professionals the youth has been involved with.
• Pre-sentence reports are prepared by probation officers

Question 21

Changing Directions in Correctional Responses for Girls***

Answer 21

• Gender-specific facilities
• Independent living
• Earlscourt Girls Connection
• Mentoring and “Walk and Talk”
• Participatory staff development

The description of the programs outline and approach that is individualized and involves mentoring rather than a blanketed programmed response as was often the case in the past. The staff training has been more focused on the needs of girls and women and the need to be trauma aware in working with them.

Question 22

Sentencing Issues ****

Answer 22

• How to determine a level of accountability appropriate for a young person. An adult standard goes against the philosophy of the act and the UN principles
• Retribution & Incapacitation: Incapacitation isn’t appropriate for all, & least intrusive means must be considered first.
• Rehabilitation must be balanced with proportionality.
• Deterrence takes away from rehabilitation if given priority and has a negative impact on youth
• There is some evidence that these problem areas persist in youth court cases

Question 23

Feedback from UNCRC 2012 (UN Committee on Rights of Child) ***

Answer 23

• Canada has made limited progress in meeting the requirements of the UN to reduce inequities affecting children belonging to minorities and other groups of children in vulnerable situations
• Specifically, Canada must thoroughly examine the overrepresentation of Aboriginal and African-Canadian children in the youth criminal justice system

Question 24

Parental responsiveness

Answer 24

the extent to which parents are supportive of their children’s needs.
Establish security (crying baby analogy).

Question 25

Circles ***

Answer 25

• Has origins in Aboriginal communities (also Mennonite communities)
• Used in the YCJA: youth justice committees, sentencing circles, conferencing (family group or sentencing conferences)
• Peace Making Circles: They take a macro perspective and operate under the presumption that the entire community is responsible for crime and for rehabilitation/reintegration.

Question 26

Gangs

Answer 26

• There is a definitional problem in what constitutes a gang:
• Gangs provide youth with rewards (friendship and independence from adults) as well as status/respect with peers
• Youth pushed toward gangs by negative school experiences/chaotic home lives

​Us Justice Dept’s — National Gang Centre criteria classifying groups as gangs

• Group has three or more members, generally aged 12-24
• Members share an identity — linked to name, often other symbols
• View themselves as a gang — recognized by others as a gang
• Group — some permanence, degree of organization
• Group — involved in elevated level of criminal activity

Girls and Gangs

• Portrayed in media as increasing
• Few studies focusing specifically on girls & gangs but some research suggests:
• Girls involved in gangs to escape controlling/abusive families/partners
• Gangs provide a source of support and social outlet
• Girls behaving outside stereotypical fashion perceived to be acting like boys rather than as girls who do not prioritize shopping and domesticity

Question 27

Schools and Crime

Answer 27

• Low levels of school commitment are linked to delinquency. Does lower IQ lead to lower grades and decreased commitment or does it relate more to directly to delinquency? Regardless IQ tests problematic b/c they are culturally biased.
• IQ: This is a debatable factor; direct or indirect relationship?
• Tracking: streaming of students into vocational or educational programs: basic, general, or advanced. Viewed as problematic; because of labelling, etc.
• Disability: Kids with LD or Attention Deficit Hyperactivity Disorder are more likely to become delinquent. Those with FASD are 50% likely to encounter police

_____

• School climate may impact delinquent behaviour.
• 1960s authoritarian approach was thought to be best, but new supportive, open alternative schools/classrooms suggest otherwise
• Schools being called on to address and acknowledge the diverse needs of youth
• Meeting needs of youth over longer periods who don’t feel comfortable in academic environments creates challenges for educators.

​Structural Failures

• Some argue that the structure of schools causes delinquency
• School frustration linked to factors; social class and race but no definitive conclusions have been reached other than fact there seems to be relationship between rebellion/resistance to school &delinquent behaviour.
• Students who don’t do well academically or fail to engage in extracurricular activities find rules of schools oppressive
• New “problems”: cyberbullying, social bullying, or relational aggression

Responding to School Violence

• Zero-tolerance policies: for disobeying authority figures & rules of school - If expelled, teens often turn to negative influences, including gangs
• Curfews: used in small communities, with little evidence they work beyond specific offences such as burglary and simple assault
• Youth may be criminalized for rule-breaking
• Contribute to the “net-widening effect”

Question 28

The role of peers

Answer 28

• Friends: having delinquent friends strongly correlated to delinquency; not necessarily criminality.
• Trust and attachment to friends is important for boys – trust is inversely correlated with delinquency
• Differentially exposed: Boys more likely than girls to have delinquent friends
• Differentially affected: Girls are less negatively impacted by delinquent peers

Question 29

What are the consequences of “bad” family relationships?

Answer 29

Greater likelihood of:

• Aggression, emotional disorders, property crime, substance abuse, running away
• Children who witness or experience violence are more likely to engage in violent offending. Especially traumatic for young males who see their mother abused; replicates itself in adult relationships.
• Generational issues: Children carry these problems into their adult lives. In part its “we do what we know” but its more complicated than that. Often have problems in interpersonal relationships

Question 30

The Role of Risk

Answer 30

• Levels of criminogenic need correlates with a youth’s risk to involvement in crime; more the need the higher the risk.
• Resiliency refers to impact of protective factors that appear to buffer some youths from the impact of risk factors
• Government crime prevention programs are based on risk
• Risk assessment tools are objective measures applied in subjective ways, leading some to question their effectiveness.

Question 31

The Blame Game

Answer 31

• Shifts responsibility for delinquency from parent to child and back again over time. Numbers indicate most abuse and violence takes place in the home and from those known to children. Has been a taboo area and seems preferable in the public discourse to talk about protecting children from invisible or lurking “stranger danger” than to discuss appropriate behaviour between family members. There’s also a sense parenting is by nature punitive; to involve children in decision making/power is less acceptable in traditional sense of what parent/child relationship should be.
• Calls are made for increased parental responsibility in cases of youth crime
• One neglected area: Much of the focus on crime comes from “stranger danger,” neglecting the problem of parental violence

Question 32

Pathways to Serious Offending

Answer 32

• Early risk factors: prenatal risk, childhood personality disorders, extreme childhood temperament, childhood maltreatment, and adolescent onset. Prenatal; fetal alcohol spectrum disorder, children have trouble regulating behaviour — others have addiction/alcohol problems. Often COOC Disorder.
• The factors create vulnerabilities to risk factors later in life
• Later risk factors: school performance, delinquent peers, aggressive behaviour, substance abuse/self-medicating, and residential instability. Interventions are varied dependant on nature of early/late risk factors and the pathway followed by the youth. 5 possible paths/models for young people (text)