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

Question 1

Doli Incapax Doctrine

Answer 1

Belief that a child of tender years is incapable of an unlawful act.

Question 2

Good and Evil Test

Answer 2

A child could only be found guilty if it could be established that the child could distinguish between concepts of good and evil.

Question 3

Miniature Adults

Answer 3

How children were often depicted in the art of the Middle Ages– as short adults, with adult facial features.

Question 4

Miniature Adults

Answer 4

How children were often depicted in the art of the Middle Ages– as short adults, with adult facial features.

Question 5

Status Offences

Answer 5

Offences that are only illegal because of the status of the offender (such as being a child).

Question 6

Declaration of Principle

Answer 6

The guiding philosophy of the YOA that is laid out in 14 phrases following a definition of terms. Change from JDA, which did not explain philosophy until the end of the legislation.

Question 7

Which model of criminal justice was not addressed in the YOA?

Answer 7

Restorative justice.

Question 8

Extrajudicial measures in the YOA were called ___ programs.

Answer 8

Diversion.

Question 9

What was one of the main criticisms of the YOA?

Answer 9

No statement of purpose and principle for sentencing young offenders.

Question 10

Preamble

Answer 10

The introductory part of a statute that, while not legally enforceable, contains significant statements from Parliament about the values on which the legislation is based.

Question 11

Name the 4 themes in the YCJA

Answer 11

1. Long term protection of the public.
2. Separate system for young persons.
3. Reinforce respect, encourage repair of harm, be meaningful, and respect differences and special needs.
4. Special considerations for youth, victims, and parents.

Question 12

Compare principles in the YCJA with the five models of criminal justice.

Answer 12

Restorative- encourage societal values and repair of harm.
Community change- involve the community.
Welfare- rehabilitation and reintegration.
Justice- Young people have rights and freedoms.
Crime control- emphasis on timely intervention that reinforces link between offence and consequences.

Question 13

JDA and YOA allowed a youth to be tried in adult court. True or false? What about the YCJA?

Answer 13

True. YCJA tries in youth court, even if it is an adult sentence.

Question 14

Criminogenic Needs

Answer 14

Known risk factors that increase the likelihood that an individual will reoffend.