Ch. 13 - Youth Justice

Question 1

What are the three pieces of Canadian Youth Justice Legislation?

Answer 1

Juvenile Delinquents Act (1908), Young Offenders Act (1984), and Youth Criminal Justice Act (2003).

Question 2

Before the JDA, how were youth crimes treated?

Answer 2

They were often treated more leniently because of their age and maturity, but some were still punished like adults.

Question 3

What four factors contributed to a shift in thinking about youth justice that led to the JDA?

Answer 3

The socioeconomic climate, social reformers and movements, the rise of the social welfare state, and anti-institutional discourse.

Question 4

What parts of the socio-economic climate led to the JDA?

Answer 4

The Brown Commission and fears about the growing number of orphans led to more intrusive forms of governance.

Question 5

What was the Brown Commission (1849)?

Answer 5

It investigated the oppressive conditions at Kingston Penitentiary.

Question 6

What legislation did the Brown Commission lead directly to?

Answer 6

An Act for the More Speedy Trial and Punishment of Young Persons (1857), and An Act for Establishing Prisons for Young Persons (1857).

Question 7

What did the Brown Commission discover about the conditions of Kingston Penitentiary?

Answer 7

Children could be locked in solitary, chained, or dunked in ice water. Floggings for “inappropriate” behaviour (could be as simple as laughing).

Question 8

What effect did the legislations stemming directly from the Brown Commission have?

Answer 8

Nothing significant for the treatment of children; they were still imprisoned and tried in adult court.

Question 9

What is an example of the social reformers and movements that contributed to creating the JDA?

Answer 9

JJ Kelso and the Child Savers.

Question 10

What are the Child Savers?

Answer 10

Middle-class reformers who lobbied for public schools, public health, and a separate youth justice system.

Question 11

What belief were the Child Savers’ beliefs based on?

Answer 11

That the neglected children of today are the adult criminals of tomorrow.

Question 12

Who was JJ Kelso?

Answer 12

A reporter who began the Child Savers movement.

Question 13

What belief/legal doctrine was raised when the state reformed into a social welfare state?

Answer 13

That the state’s role was that of a protective parent (parens patriae).

Question 14

What does parens patriae translate to?

Answer 14

Parent of the nation.

Question 15

What does parens patriae mean for children?

Answer 15

The state must serve as a pseudo parent when children’s actual parents are unable to do their job.

Question 16

What did the people critical of the social welfare reform express?

Answer 16

Anti-institutional discourse.

Question 17

How did the anti-institutional discourse view the reformatories?

Answer 17

As “schools for crime,” where problem children are exposed to people who are better at crime and deviance.

Question 18

What did anti-institutional discourse shift the focus of intervention to?

Answer 18

Probation; children were viewed less as criminals and more as misguided products of their environment.

Question 19

What 3 factors characterized the shift from classical legal governance to modern legal governance?

Answer 19

Particularism, the importance of knowledge, and a dense interlocking system of social controls.

Question 20

What is particularism?

Answer 20

The idea that background characteristics and details matter; who the young person is and their circumstances must be understood.

Question 21

What did knowledge in “the importance of knowledge” refer to?

Answer 21

The individual circumstances of the young person.

Question 22

What is meant by a dense interlocking system of social controls?

Answer 22

Marshalling the resources that are available through the state and community.

Question 23

What is classical legal governance?

Answer 23

Everyone is treated the same, and the law is applied equally to everyone.

Question 24

What were 5 the key principles of the JDA?

Answer 24

parens patriae, treatment instead of punishment, informality and flexibility, a broader scope of targeted behaviours, and the ages that the state can intervene in.

Question 25

How early in a child’s life can the state intervene under the JDA? Until when?

Answer 25

As early as 7 years old, until the age of 16/18 depending on the state.

Question 26

When was custody used under the JDA?

Answer 26

As a last resort.

Question 27

What is the rationale behind the informality and flexibility of the JDA?

Answer 27

About ensuring the rehabilitative efforts of the child; due process just gets in the way; due process is not needed because the child’s best interests are at heart.

Question 28

Under the JDA, when does the state have no authority?

Answer 28

21 years of age.

Question 29

What were 4 issues faced by the JDA?

Answer 29

Large case loads, government bureaucracy, economic realities, and uneven implementation.

Question 30

Why was the JDA unevenly implemented?

Answer 30

It was a federal statute applied by the provinces. Many jurisdictions didn’t have the resources to implement.

Question 31

How long was the JDA in place?

Answer 31

76 years.

Question 32

When did concerns begin to be raised about the JDA?

Answer 32

The 1950s.

Question 33

What were 6 concerns raised about the JDA?

Answer 33

Youth rights, denial of procedural rights, intermediate sentencing, uneven implementation, inconsistent age limits, and the stigmatizing effect of delinquency.

Question 34

What criticisms of the JDA arouse that were not related to the youth rights?

Answer 34

It was seen as soft on crime and was concerned about the increase in youth crimes.

Question 35

Why were youth crimes under the JDA increasing?

Answer 35

The baby boom led to potential for an increase in the youth crime rate.

Question 36

What did the YOA represent?

Answer 36

A fundamental departure from the JDA.

Question 37

What were 2 key principles of the YOA?

Answer 37

Emphasis on rights and responsibilities, balance between rehabilitation and accountability.

Question 38

What was the age limit for state intervention under the YOA?

Answer 38

12 years of age.

Question 39

What did the YOA result in for incarceration?

Answer 39

The highest rates of youth incarceration in the world; custodial sentences were intended to serve as a “short, sharp shock.”

Question 40

When were custodial sentences (“short shocks”) primarily used for?

Answer 40

Administrative offences (e.g., failure to comply).

Question 41

What were the 3 main criticisms of the YOA?

Answer 41

It’s excessively high incarceration rate, not tough enough, and a lack of direction with regard to principles.

Question 42

What was the recommended set of principles during the YOA for guiding the youth justice system?

Answer 42

Protection of society was paramount, but preventative, rehabilitative, and restorative approaches should be strengthened.

Question 43

What approach was recommended during the YOA for youth justice?

Answer 43

A bifurcated (two pronged) approach where violent or repeat offenders would be treated much differently than those who are first time offenders.

Question 44

What were the 4 declarations of principle for the YCJA?

Answer 44

Intended to promote the long-term protection of the public, separation from the adult justice system, enforcement of respect while preparing harm and respecting differences, providing special consideration for youth, victims, and parents.

Question 45

What approach did the YCJA take?

Answer 45

A bifurcated approach.

Question 46

What does the YCJA reflect?

Answer 46

The 5 models of criminal justice.