Ch. 13 - Youth Justice Flashcards
What are the three pieces of Canadian Youth Justice Legislation?
Juvenile Delinquents Act (1908), Young Offenders Act (1984), and Youth Criminal Justice Act (2003).
Before the JDA, how were youth crimes treated?
They were often treated more leniently because of their age and maturity, but some were still punished like adults.
What four factors contributed to a shift in thinking about youth justice that led to the JDA?
The socioeconomic climate, social reformers and movements, the rise of the social welfare state, and anti-institutional discourse.
What parts of the socio-economic climate led to the JDA?
The Brown Commission and fears about the growing number of orphans led to more intrusive forms of governance.
What was the Brown Commission (1849)?
It investigated the oppressive conditions at Kingston Penitentiary.
What legislation did the Brown Commission lead directly to?
An Act for the More Speedy Trial and Punishment of Young Persons (1857), and An Act for Establishing Prisons for Young Persons (1857).
What did the Brown Commission discover about the conditions of Kingston Penitentiary?
Children could be locked in solitary, chained, or dunked in ice water. Floggings for “inappropriate” behaviour (could be as simple as laughing).
What effect did the legislations stemming directly from the Brown Commission have?
Nothing significant for the treatment of children; they were still imprisoned and tried in adult court.
What is an example of the social reformers and movements that contributed to creating the JDA?
JJ Kelso and the Child Savers.
What are the Child Savers?
Middle-class reformers who lobbied for public schools, public health, and a separate youth justice system.
What belief were the Child Savers’ beliefs based on?
That the neglected children of today are the adult criminals of tomorrow.
Who was JJ Kelso?
A reporter who began the Child Savers movement.
What belief/legal doctrine was raised when the state reformed into a social welfare state?
That the state’s role was that of a protective parent (parens patriae).
What does parens patriae translate to?
Parent of the nation.
What does parens patriae mean for children?
The state must serve as a pseudo parent when children’s actual parents are unable to do their job.
What did the people critical of the social welfare reform express?
Anti-institutional discourse.
How did the anti-institutional discourse view the reformatories?
As “schools for crime,” where problem children are exposed to people who are better at crime and deviance.
What did anti-institutional discourse shift the focus of intervention to?
Probation; children were viewed less as criminals and more as misguided products of their environment.
What 3 factors characterized the shift from classical legal governance to modern legal governance?
Particularism, the importance of knowledge, and a dense interlocking system of social controls.
What is particularism?
The idea that background characteristics and details matter; who the young person is and their circumstances must be understood.
What did knowledge in “the importance of knowledge” refer to?
The individual circumstances of the young person.
What is meant by a dense interlocking system of social controls?
Marshalling the resources that are available through the state and community.
What is classical legal governance?
Everyone is treated the same, and the law is applied equally to everyone.
What were 5 the key principles of the JDA?
parens patriae, treatment instead of punishment, informality and flexibility, a broader scope of targeted behaviours, and the ages that the state can intervene in.
How early in a child’s life can the state intervene under the JDA? Until when?
As early as 7 years old, until the age of 16/18 depending on the state.
When was custody used under the JDA?
As a last resort.
What is the rationale behind the informality and flexibility of the JDA?
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.
Under the JDA, when does the state have no authority?
21 years of age.
What were 4 issues faced by the JDA?
Large case loads, government bureaucracy, economic realities, and uneven implementation.
Why was the JDA unevenly implemented?
It was a federal statute applied by the provinces. Many jurisdictions didn’t have the resources to implement.
How long was the JDA in place?
76 years.
When did concerns begin to be raised about the JDA?
The 1950s.
What were 6 concerns raised about the JDA?
Youth rights, denial of procedural rights, intermediate sentencing, uneven implementation, inconsistent age limits, and the stigmatizing effect of delinquency.
What criticisms of the JDA arouse that were not related to the youth rights?
It was seen as soft on crime and was concerned about the increase in youth crimes.
Why were youth crimes under the JDA increasing?
The baby boom led to potential for an increase in the youth crime rate.
What did the YOA represent?
A fundamental departure from the JDA.
What were 2 key principles of the YOA?
Emphasis on rights and responsibilities, balance between rehabilitation and accountability.
What was the age limit for state intervention under the YOA?
12 years of age.
What did the YOA result in for incarceration?
The highest rates of youth incarceration in the world; custodial sentences were intended to serve as a “short, sharp shock.”
When were custodial sentences (“short shocks”) primarily used for?
Administrative offences (e.g., failure to comply).
What were the 3 main criticisms of the YOA?
It’s excessively high incarceration rate, not tough enough, and a lack of direction with regard to principles.
What was the recommended set of principles during the YOA for guiding the youth justice system?
Protection of society was paramount, but preventative, rehabilitative, and restorative approaches should be strengthened.
What approach was recommended during the YOA for youth justice?
A bifurcated (two pronged) approach where violent or repeat offenders would be treated much differently than those who are first time offenders.
What were the 4 declarations of principle for the YCJA?
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.
What approach did the YCJA take?
A bifurcated approach.
What does the YCJA reflect?
The 5 models of criminal justice.
