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J - SOC 327 Lecture (2/2) > Chapter 13: Thinking About Youth Justice: Historical Roots and Contemporary Approaches > Flashcards

Chapter 13: Thinking About Youth Justice: Historical Roots and Contemporary Approaches Flashcards

1
Q

What are the 3 youth justice acts?

A
  1. JDA.
  2. YOA.
  3. YCJA.
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2
Q

Pre-JDA, the justice system responded in ways that took into account young people’s age and maturity. However, punishment was…

A

Sometimes the same as adults.

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3
Q

What were the factors that contributed to a shift in thinking about and responding to young criminals laying the foundation for the enactment of the JDA?

A
  • Socioeconomic climate.
  • Social reformers and movements.
  • Rise of the social welfare state.
  • Anti-institutional disclosure.
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4
Q

How did socio-economic climate contribute to the enactment of the JDA?

A

Industrialization, urbanization, and increase immigration resulted in a remarkable increase in population. There was the perception that society’s poor were wreaking havoc and causing social problems. It was poor children who were vulnerable to the influence of poor parents other members of lower classes.

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5
Q

Canada was the dumping grounds for…

A

Poor and destitute British children.

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6
Q

What was the Brown Commission?

A

Investigated the Kingston Penitentiary and the harsh and oppressive conditions there. Led to a recognition about the special status and needs of young people.

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7
Q

What resulted resulted from the Brown Commission?

A

An Act for the More Speedy Trial and Punishment of Young Persons and An Act for Establishing Prisons for Young Persons.

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8
Q

What was the effect of the legislation that came out of the Brown Commission?

A

Did not have huge effect. Youth were tried more quickly, but were still tried in adult courts. Youth were still being incarcerated (granted, but in youth facilities), but the situation was far from ideal.

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9
Q

Give an example of social reformers and movements that led to the creation of the JDA.

A

The Child Savers.

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10
Q

Who were the Child Savers?

A

Middle class reformers who lobbied for public schools, public health, and a separate youth justice system. Based on the belief that the neglected children of today are the adult criminals of tomorrow.

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11
Q

What is the idea of Child Savers based on?

A

The belief that the neglected children of today are the adult criminals of tomorrow. Children are products of their environments.

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12
Q

Who was a main proponent in Child Savers?

A

J.J. Keslo.

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13
Q

How did the rise of the social welfare state contribute to the creation of the JDA?

A

The state introduced reformatories and thus emerged the idea of the social welfare state, and with it developed a new legal doctrine that the state’s role was that of a protective parent.

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14
Q

What is it called when the state’s role is that of a protective parent?

A

Parens patriae.

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15
Q

What is parents patriae?

A

“Parent of the nation.” When the state’s role is that of a parent.

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16
Q

What is parens patriae?

A

“Parent of the nation.” When the state’s role is that of a parent.

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17
Q

Where did the main drive for parens patriae come from?

A

Reformatories, including training schools and industrial schools. Tried to make young people productive members of society, and tried to reform them.

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18
Q

How did anti-institutional discourse lead to the creation of the JDA?

A

People began to raise concern about reformations, and saw them with criticism and disdain. probation became the new focus of intervention.

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19
Q

Despite the more hands-off approach of the anti-institutional discourse, the state continued to play a significant role in some youth’s lives. Which youth?

A

Most recalcitrant boys, the “feeble minded,” and girls.

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20
Q

Under the anti-institutional discourse, children came to be seen less as criminals, and more as ___ products of their environments.

A

Misguided.

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21
Q

What were the 2 main issues that anti-institutional discourse aimed to address?

A
  • Putting young kids in contact with hardened criminals.

- They weren’t actually successful in reforming these kids.

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22
Q

What solution did the anti-institutional discourse come up with for the 2 main issues identified?

A

Probation.

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23
Q

The mindset of the anti-institutional discourse was that all you needed to to is change their environment to…

A

Set the kids back on the right path.

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24
Q

The shift towards seeing kids as products of their environment represented a shift in thinking from ___ to ___.

A

Classical legal governance to modern legal governance.

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25
Q

What is classical legal governance?

A

Everyone is treated the same (even children), as the law is applied equally to everyone.

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26
Q

What are 3 features of modern legal governance?

A
  1. Particularism.
  2. Knowledge is important.
  3. A dense interlocking system of social controls.
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27
Q

What is particularism?

A

Each kid’s case is seen as unique. Individual circumstances become important considerations.

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28
Q

What are 3 features of modern legal governance?

A
  1. Particularism.
  2. Knowledge.
  3. A dense interlocking system of social controls.
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29
Q

What is particularism?

A

Each kid’s case is seen as unique. Individual circumstances become important considerations.

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30
Q

What is knowledge, in the context of modern legal governance?

A

Individual circumstances must be explored and understood. A young person becomes a subject of knowledge.

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31
Q

What is a dense interlocking system of social controls, in the context of modern legal governance?

A

You bring all of your resources together (from both the state and the community) to try and provide each young person with the supports and services that the need.

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32
Q

When was the JDA enacted?

A

1908.

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33
Q

List the key principles of the JDA.

A
  • Parens patriae.
  • Treatment, not punishment.
  • Informality and flexibility.
  • Broad scope of behaviours targeted.
34
Q

When you focus on treatment, not punishment, which model are you following?

A

Welfare model.

35
Q

Which youth justice system is associated with the welfare model?

A

The JDA.

36
Q

Why was informality and flexibility emphasized in the JDA?

A

It was believed that there was no need for due process.

37
Q

What are status offences?

A

A behaviour in JDA where youth were seen to be in a state of delinquency.

38
Q

What was used in the case of status offences for youth under the JDA?

A

Indeterminate sentences.

39
Q

What age could people be dealt with under the JDA?

A

Kids as young as 7.

40
Q

Identify some issues associated with the JDA.

A
  • Large case loads.
  • Government bureaucracy.
  • Economic realities.
  • Federal statute to be applied by the provinces, and it was unevenly implemented.
41
Q

Give an example of how federal statute was problematically applied to the provinces unevenly.

A

Rural jurisdictions that don’t have the money for a separate court system.
Runs parallel to systems where money is available for separate court systems.

42
Q

What were the 2 main categories of concern that were raised about the JDA?

A
  1. Youth’s rights, and the lack thereof.

2. JDA perceived as soft on crime.

43
Q

How were youth’s rights problematic in the JDA?

A

Guiding rules and principles were non-existent, denial of procedural rights, open-ended and indeterminate sentencing, inconsistent age limits, stigmatizing effects.

44
Q

Why was there concern that the JDA was soft on crime?

A

Increased adult populations in prisons attributed to youth, coming-of-age of baby boomer population.

45
Q

The change to the JDA was a proactive measure by ___, and not by ___.

A

Politicians, citizens.

46
Q

What replaced the JDA?

A

The YOA.

47
Q

What replaced the JDA?

A

The YOA.

48
Q

What year was the YOA implemented?

A

1984.

49
Q

Why was there a 2 year lag in implementing the YOA?

A

Because provinces needed time to implement the system.

50
Q

The YOA different from the JDA in that the JDA was likened to the ___ model, while the YOA was concerned with…

A

Welfare, rights and responsibilities.

51
Q

The YOA argued that young offenders should be seen as just that, and should be held ___ for their misdeeds.

A

Accountable.

52
Q

The YOA raised the minimum age to ___, as opposed to the minimum age of ___ for the JDA.

A

12, 7.

53
Q

The YOA focused on protecting the young people’s ___ ___ rights.

A

Due process.

54
Q

What effect did the YOA have on the prison population?

A

A larger proportion of the youth population was locked up than any other country.

55
Q

Incarceration was affected how by the YOA?

A

A larger proportion was locked up than any other country.

56
Q

The YOA intended incarceration to be a ___ ___ ___.

A

Short, sharp shock.

57
Q

How long was incarceration for young people under the YOA, and what was the purpose?

A

No more than 6 months, meant to coerce a young person to amend their ways.

58
Q

What was the main reason that incarceration went up under the YOA?

A

Breaches of probation and failure to comply contributed most, not the increase in criminal activity.

59
Q

What was the main reason that incarceration went up under the YOA?

A

Breaches of probation and failure to comply contributed most, not the increase in criminal activity.

60
Q

What concerns were raised about the inadequacies of the YOA?

A
  • Excessively high incarceration rate.
  • Not tough enough.
  • Lack of direction regarding principles.
61
Q

What was the reaction of both the federal and provincial governments to deal with the criticisms surrounding the YOA?

A

Appointing task forces and special commissions.

62
Q

Task forces investigating the YOA recommended that ___be the primary goal of youth justice legislation.

A

Protection of society.

63
Q

In addition to the protection of society, what other approaches were to be strengthened in the YOA?

A

Preventative, rehabilitative, and restorative approaches.

64
Q

The task force investigating the YOA advocated a system that results in ___ ___.

A

Differential responses.

65
Q

According to the task force investigating the YOA, the state needs to be equipped to deal with…

A

Repeat offenders, while first time offender treatment needs to focus on rehabilitation.

66
Q

When did the YCJA come into effect?

A

2003.

67
Q

What are the 4 points in the Declaration of Principle in the YCJA?

A
  1. Ensuring long-term protection of the public.
  2. Separate from adult system.
  3. Reinforce respect, reparation, and difference.
  4. Special consideration for youth, victims, and parents.
68
Q

How does the YCJA plan to protect the public?

A

Preventing crime through rehabilitation and reintegration, and also getting tougher when need be.

69
Q

The need to separate from the adult system is a consistent theme right from the…

A

JDA.

70
Q

The YCJA also encourages ___ of harm to victims and to communities.

A

Reparation.

71
Q

What does it mean when the YCJA respects differences?

A

Gender, culture, race, ethnicity all must be taken into account to ensure the system recognizes and acknowledges those differences.

72
Q

What does it mean when the YCJA respects differences?

A

Gender, culture, race, ethnicity all must be taken into account to ensure the system recognizes and acknowledges those differences.

73
Q

According to the YCJA, everyone involved must be treated with respect, and must be encouraged to ___.

A

Participate.

74
Q

What is the bifurcated approach?

A

Repeat and/or serious offenders are to be treated more punitively, whereas less serious first-time offenders should experience rehabilitation and be treated more leniently and when possible key outside the formal system.

75
Q

What system uses the bifurcated approach?

A

YCJA.

76
Q

Why is putting first time offenders in the formal system bad?

A

It just criminalizes them.

77
Q

Why is putting first time offenders in the formal system bad?

A

It just criminalizes them.

78
Q

Outline how the YCJA reflects all 5 models of criminal justice.

A

Restorative- reparation of harm to victims and communities.
Community change- community and offender participating in some way.
Welfare- meaningful consequences, taking into account their needs, level of development, and rehabilitating them.
Justice- When warranted, ensuring justice is served. Making sure due process considerations are fulfilled.
Crime control- using tougher punishments for serious offences.

79
Q

Name the 5 models of criminal justice.

A

Restorative, community change, welfare, justice, and crime control.

80
Q

Give an example of how the SSCA affected the YCJA.

A

The SSCA now requires the Crown to consider adult sentences for more serious crime, such as murder or aggravated assault.

J - SOC 327 Lecture (2/2) (13 decks)

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