Chapter 2 Flashcards
Origin of youth crime laws?
- 19th century North American social reformers.
- creation of a separate justice system for juveniles.
- believe that delinquency was the result of a bad social environment.
- these reformers were motivated primarily by humanitarian concerns and a desire to save children from harmful family influences.
When was the Canadian juvenile justice system officially created?
In 1908 through the passage of the Juvenile Delinquents Act (JDA).
What was the Brown Commission report of 1849?
The Brown Commission Report of 1849 was a major investigation into prison conditions in Canada, particularly focusing on the Kingston Penitentiary in Ontario.
It also highlighted the issues of housing children with adults in penitentiaries.
By the end of the 18th century…
progression lead to the creation of a probation system and a separate court system specifically for children and youth.
Juvenile Delinquents Act (JDA):
The JDA created a welfare-based juvenile justice system:
- system grounded in the doctrine of “parens patriae”, meaning.
*Parens patriae: a doctrine that gives the state the right to act as “parent” or guardian of the youth offender.
What is Welfare-based juvenile justice?
it focuses on rehabilitation of the youth offender.
JDA: Te System
- gave the courts extensive powers.
- if an offence was indictable, it was up to the court to decide if the youth would be tried I nan adult court.
- more like hearings than trials.
- juvenile cases = conducted privately.
JDA: The System cont.
- probation was a central element of the juvenile court.
- the probation officer’s goal was to reform both the child and the entire family. This could only be accomplished by working with the child in their home, school, and workplace environments.
- women = better suited for probation work.
Age of delinquency set by province:
Saskatchewan, Ontario, New Brunswick, Nova Scotia, PEI: 16
BC, Newfoundland: 17
Manitoba, Quebec: 18
Alberta: 16 boys, 18 girls
Child advocates:
- saw the JDA as potentially abusive of the rights of children and their parents.