Chapter 4 - Legislating Youth Crime: From The YOA To The YCJA Flashcards
Influence of labelling theory and diversion
Argument is the strongest for first time non-violent offenders
Advent diversion programs (60s - 70s)
- taking a young person away from the CJS
- birth of alternative moods (restorative justice programs)
Primary vs. Secondary deviance
Lemert 1951
- identity formation in the youth years
- try and shape a more pro- social identity
- primary deviance: criminal act itself
- secondary deviance: criminal person
Martinson Report (1974)
Found that all programs and treatments used for adults and young people….
Nothing works!
Youth Offenders Act (YOA)
1982 passed
1984 implemented
Accountability and responsibility of young people
12-17 years old
Focus on procedural protection
Principles of YOA
Crime prevention
Accountability and responsibility of young person
Protection of society
Limited maturity and special needs of young people
Rehabilitation of young offenders
Restraint in the application of the law
Least possible interference with child’s freedom
Specifically guarantees of the rights and freedoms of the young person
Primary responsibility of parent for their children
Rights of the child are conflicting/contradictory
Balancing the needs of young people and the need to protect the public from excess youth crime
Changes includes from YOA
Murder sentences, parole and adult court with parole eligibility reduced from 10-25 years to 5-10 years
Reality of youth crime
High incarceration rates under the YOA
Zero tolerant type approach
3/4 of those incarcerated were there for non-violent offences
- property offences
- administrative breaches (failure to appear in court, failure to meet with probation officers, etc)
- victims were not given enough of a voice
Youth Criminal Justice Act
Accountability framework
Promotes consequences for crime that are proportionate to the seriousness of the offence
Youth face consequences that promote responsibility and accountability to the victim and community
Bifurcated System
Non serious offenders go through programs
Serious/violent offenders subject to careers
And punitive interventions
Extra judicial measures
Community based interventions for 1st time offenders
Police can pick from a variety of different things ex: lay charge, call parents, give warning etc
YCJA attempts to
Targeting responses to the seriousness of individual offences
Clarify the principles of the YCJS
Ensures fairness and proportionality in sentencing
Respect and protect rights
Enabling meaningful consequences aimed at rehabilitation
Supporting reintegration after custody
Resistance to YCJA
From Quebec
- focus on rehab and reintegration
- felt that the YOA should have just been amended
- like a step backwards
Other criticisms were saying they were just putting a new coat of paint over YOA because there was a lot of overlap
Community based sanctions
- funding cut
- bare minimum
Limitations of YCJA
Offender has to admit responsibility to participate in programs
Even those who are caught with petty crimes, it becomes very formalized
Young people not getting the help they need from the system
Changing sentiments towards youth justice
Baby boomers getting older, must prepare for the surge…potential for youth crime
Cost to incarcerate someone, more expensive for a young person
