Exam Flashcards
What is the connection to peers and delinquency: Boys & Girls
Boys and girls are differently exposed to criminogenic conditions and are differently exposed
It was found that their criminal activity and gender effect on crime operate through their types of friends
Females are less likely to have delinquent friends. Boys are more likely to have delinquent friends. This is known as differential exposure.
What is the family structure typically like for delinquent youth
Broken home, single parents, and no supervision can lead these kids to act out in a criminal way
Some factors include parental risk factors, childhood personality disorder, extreme child temperament, childhood maltreatment, and adolescent onset. These factors impact an individual’s vulnerability to subsequent exposure and experience with risk factors in later life stages.
What are the different types of crime prevention
Primary Prevention - This focuses on an entire population (neighbourhood, school, youth, or nation)
Secondary Prevention - This focuses specifically on those within a population who are seen to have a problem, for example, substance abuse or living in neighbourhoods with high rates of unemployment
Tertiary Prevention - This focuses on the small number of individuals or populations who already have serious or chronic problems, such as violent offenders or neighbourhoods with high crime rates
What impact does the school have on delinquency?
Girls are more committed to a school than boys
Girl’s commitment to school reduces their involvement in property crime more than it does for boys\
Low levels of school commitment were also associated with violent crimes, and there were no differences between boys and girls
Girls with high levels of victimization and a low level of school commitment reported more property-related and violence-related delinquency
Low IQ is predictive of school failure and subsequent delinquent behaviour. They argue that IQ has a direct effect on delinquency in that a young person with low intelligence tend to be impulsive, lacking moral reasoning, and is inclined to think only in terms of immediate gratification
What is the Chivarly Hypothesis
The Chivarly Hypothesis is a differential reinforcement by a system towards girls/women
Women in the Criminal Justice System tend to receive more lenient sentences than males
They are official records
What are some problems with the Chivarly Hypothesis
It is not equal for all females
White females benefit from this, Poor and Black, indigenous or people of colour do not
What is the Power-Control Theory
Class and Family
- Traditional family
- Traditional Roles
- Working-class household
- Daughter socialization and supervises
Delinquency - Daughters are less delinquent and sons are more delinquent
Modern
- Non-Traditional Roles
- Middle-class household
- Daughter socialization
Daughters have more delinquency and sons have less
Criticism
- Evidence is mixed
- Theory is sexist
Shoplifting
Shoplifting offences are committed in the company of others, to impress friends
For girls, they are viewed as a “pink collar” offence or a “girls” offence
Boys more frequently; more supportive friends
Girls steal more per incidence and they start earlier
Status Offences
Minor offences; runaways, and sexual activities
Court: Supervision for girls (more formal)
Boys were corrected with discipline from home
Boys were 8 months vs girls were 2 years, more visits with authorities
Girls were immoral and boys were frustrated and aggressive
Status offence replacement - admin offences for example breaching court orders and failure to comply
Under YOA - for own good rather than the crime itself (“paternalism”)
The new way they replace the status offence with it failure to comply
Family Issues - Aboriginals vs Non-Aboriginals
The biggest differences were alcoholism and foster care. They both were higher for Aboriginal girls.
Adultification - Who is affected
It is how adults perceive children - often based on race
Black girls and boys are mostly affected
Discipline for Black Girls in School
Many of them were suspended.
Some were referred to the police
Many has multiple suspensions
What is Bullying
Bullying is when a person is exposed, repeatedly to negative actions on the part of one or more person
Bullying - Terminology
Verbal - Teasing, Name-calling
Physical - Kicking, Punching - more likely younger kids
Emotional - Intent to emotionally hurt someone, anxiety
Social - Gossip
Psychological - Affect psychological well-being - loss of self-esteem
Power - Imbalance - by age, gender etc
Deliberate - International - aimed at a specific person, meant to cause harm
Repeated - occurs over time - not a one-time event
Discrimination - Through racism
Direct - Face to Face bullying
Indirect - Behind the back bullying, cyberbullying
Characteristics of bullying
Bullying happens most often in the early teen years. Middle School is the peak
It is more effective in middle shool than in high school
What is cyberbullying and who experiences it
Cyberbullying is when an individual uses electronics, such as cell phones or the internet, to threaten and harass their peers.
Non-heterofemales experience this the most
The Saints and Roughnecks
The Saints:
- White upper-middle-class boys active in school affairs.
- Very delinquent
- Drinking, wild driving, petty theft.
The Roughnecks:
- Working-class white boys
- Trouble with police and community
Roughnecks were viewed as troublemakers and saints as good boys.
Objectives of Extrajudicial Measures in YCJA
- Laying charges - no charges are laid (except Ontario)
- May be used with prior record - depending on the nature of the offence
- FJustice - Take responsibility, engage with victims and community; acknowledge and repair the harm
Professionals: Police and crown (judges cannot refer)
Police Culture and Youth Offenders
Influence decisions:
1) typifications of the delinquent
2) Course of the action
3) Policy of the police Department
Typification of Delinquent vs non-Delinquent
Delinquent
1) Contact with the system - Repeat offender
2) Committed multiple offences defined as serious - Formal action needed
3) Attitude: bad - no respect for authority; indifferent to consequences
4) Family environment: parents (involvement and supervision are lacking)
Non-Delinquent
1) Contact with the system - no mention of
2) Outside activities - More Involved
3) Parents: involvement - willing to discipline
4) Friends - Perceived as non-delinquent
5) Attitude - Good - Polite with police, act scared and remorseful
6) Police confidence - Known as “bad apples”
Racial Profiling
This exists when members of a particular racial or ethnic group become subject to greater criminal justice or surveillance than others based on their race/ethnicity
Consequences - Over-representation in the Criminal Justice System
Under-Policing - Less Protections
Who is mostly stopped by police
Black Males
Youth By levels of Deviance
- This was a survey of high school students
- Controlled for social class, leisure, gang, and crime
- Good behaviour did not protect Black youth from police stops/unwanted attention
Legal Rights
- Youth need a lawyer presence of a lawyer with police questioning
- They need a parent/Guardian present when making statements to the police
- They have a right to privacy - medial publication bans
Crown Responsibility
- Balancing Roles - Obtain justice and exercise discretion
- Legal Proof of facts - Fairly and Legally
- Ensure justice served
- Ability to use discretion
- Consider the level of youth and meaningful consequences
Crown Requirements
1) Give advice to police - during the investigation and other
2) Screening files and gathering information
3) Knowledge and community programs
4) Negotiate plea resolutions - Bargains
5) Participate in conferences (pre-trial and sentencing)
6) Set Dates (conferences; court meetings)
7) Make Court Appearances
Charge Screening - Crown
Screening - making a decision for each case
Functions:
1. Prospect of finding guilt
2. Public interest
3. Charges - Make sure the right ones
4. Police Investigation - complete
Factors Influencing - Crown screening
- The culpability of the defendant: belief in the guilt of the accused - Most important
- Evidence - Sufficient for plea or trial
Priority Cases - Violence, prior record, specific crimes
Remand/Pre-Trial Detention
Requirements:
- Age requirement - required to be separated from adults
-Interim release - May be granted after judge or JOP within 24 hours of being charged
- May be denied - Primary grounds (attend court) and seconds ground (public safety)
Changes:
1. Cannot use as a substitute for child protection
2. Releasing youth to a responsible person where possible
3. Limited use - Serious violence and long criminal record
Patterns:
- Most common age 16-17 years old
- Aboriginal youth are more likely
- 6-9 days on average for the length of remand
Issues:
- Net Widening - Administrative or practical changes that result in a greater number of individuals controlled by the Criminal Justice System
- Failure to comply - leads to criminalization
- Communities for detention youth may need to leave their community as facilities are not always available
- Family Circumstances - Instead of offence
Court Proceedings
- Youth trials begin with a plea
- Innocence in court - does not recognize “innocence” (factual) only legal: guilty or not guilty
- Guilty to sentencing
- Not guilty to trial (elect jury if an adult sentence or murder)
Maximum Penalties with Adult Sentence - YCJA
1st Degree Murder - Life sentence (parole)
- 14-15 years: parole after 5 to 7 years
- 16-17 years: parole after 10 years
2nd Degree Murder - Life Sentence
- 14-15 years: parole after 5 to 7 years
- 16-17 years: parole after 10 years
Aggravating Factors
These are factors that add time to your sentence. For example a previous record
Mitigating Factor
These are factors that take time off your sentence. Where they are more lenient. For example, good grades in school, parent supervision, no prior record.
Sentencing Issues
Deterrence - Will not engage in crime if the penalty is too great (cost-benefit)
Rehabilitation - Assumption people can change - given the opportunity (and help) - especially youth
Incapacitation - Perceived as a danger - prison
Retribution - Pay in equal proportion to the harm done (related to the proportionality principle)
Denunciation - Charming individual (evidence: not best approach )
Sentencing Options
Reprimand: Stern Lecture from the judge (warning; technically not a “sentence”)
Absolute discharge: guilty, but not “convicted” (no criminal record once conditions met; common EM/ES)
Conditional discharge: comply with conditions (fail-return to court; success - becomes “absolute”)
Community Service Order (CSO): do service or charity (food bank common; no more than 240 hours within 12 months - mostly: property and drug offences)
Fine: Fee specified (youth max $1,000)
Probation: under supervision in the community (max 2 years for youth) (common: sexual offences, assault, drugs, theft and arson)
Deferred custody and supervision (conditional sentence): an alternative to custody (2004; serve in the community - house arrests with conditions)
Custody: prison (Max 10 years youth, with reintegration; life with early parole w adult sentence)
Net widening
Historical Foundation
This was to provide institutions that would serve as places of reform for all children in need. This included the poor, neglected as well as delinquent.
The purpose of this was that the children in need would be prevented from becoming criminals.
Children were convicted in juvenile court, and then they were sentenced to training schools.
Youth Centres - Correctional systems for young people underwent structural and procedural changes with the introduction of the YOA. There were two levels of custody established, secure, and open.
Changing the use of custody
Location:
The location depends on NIMBY - Not in my backyard.
They are tended to be located in the residential neighbourhoods
Age Jurisdiction:
No youth under the age 18 will serve any portion of their sentence in an adult facility
Mandatory Probation
Mandatory (Statutory) Conditions
A) Keep the peace
B) Be of good behaviour
C) Appear in court as required
YCJA Conditions
A) Prohibited from possession or purchasing weapons and explosives
B) Conditions necessary to secure youths’ good conduct
Additional Conditions - Probation
Report to a probation officer
Maintain employment (if relevant)
Go to school
Reside at a residence (in court records)
Report changes in address (to court)
Remain in the court’s jurisdiction
Not associate with certain people (co-offenders)
Avoid certain neighbourhoods (associated w crime)
Obey a curfew
Abstain from drugs and alcohol
Attend a treatment program (if relevant)
Total Institution
All aspects of life - are carried under the same place
Practices are regulated by a hierarchy (authority - subjects)
Loss of autonomy (activities are structured)
Suit rational goal toward transforming self (individual) to fit needs of institution (inmate, psychiatric patient)
Private system (rules and rewards)
Identity (stripped; homogeneity - uniforms)
Subculture - Argot system (language system)
Correctional Issues: Aboriginal Young Offenders
- Systemic Racism
- Effects of colonialism (subjected to EuroCanadian legal system - ignored cultural differences
- Creates social problems - Addictions, suicide, poverty
- Cross-over kids - Blen/blur of child welfare and youth criminal justice
Correctional Issues: Girls and corrections
- Overuse in custody (failure to comply)
- Indigenous, Black girls and other girls of colour (disproportionate use)
- Inadequate programs and facilities
- Paternalism to “protect” girls
Sentencing with “best interests” (throwback to the JDA)
Bad Boys or Poor Parents
RESULTS Prior Relationships (partners) Boys vs Girls: Boys dated more for less time than girls - Risky Behaviour: Boys are more likely (ex: one night stands, cheating, multiple partners) - Current Relationships: girls have bigger age differences - Partners ASE and parental warmth: stronger offending when warmth was high Girls delinquency: father warmth was high and partners ASE - more delinquent Boys Delinquency: high levels of ASE and high maternal warmth - more delinquency Girl Offending: significant effect from boyfriend - ASE engaged in more
Charter Rights - Search and Seizure
Extrajudicial (diversionary measures)
- Young people were kept out of the justice system solely through the exercise of police or prosecutorial discretion
- One consequence of these concerns was the development of numerous programs aimed at diverting young people from the formal justice system. In 1977, for example, Quebec passed the Youth Protection Act, which combined juvenile delinquency cases and child welfare cases in services designed to meet both needs
- Police are required to refer all young people to an intake officer, who decides whether to take further action through the court, divert the young person to another aspect of the system, or take no action
- StopLift continues to be used in many cities. This anti-shoplifting program is for young people involved in petty theft.
Extrajudicial Sanctions
Process - Agency responsible
Underlying Circumstances
- Counselling or treatment (Aboriginal Mentoring)
- I agree to participate in the no-court process
- Non completion = court
Police contact and decision making
Legal factors affecting police decision
Extralegal factors
Race, age, and gender
Top cases in youth court
Profile of a repeat offender
Decisions in youth court
- Most are found guilty
- 2nd highest group stays (discontinues prosecution)
- Acquitted / others are least likely
Convictions (Youth vs Adult)
Adults are more likely to commit admin offences, drug offences + property
Youth are more likely to be convicted for violent offences
Traffic offences are similar for both
Trial with the jury (youth)
Youth sentences - non-custodial sanction
Section 3(1)(b)
Section 3(1)(b) of the Youth Criminal Justice Act establishes that the youth criminal justice system must be separate from the adult system,
Correctional Responses
Rethinking correction to girls
What works “doesn’t work”
In this “What Works,” evidence-based model, correlates of delinquency are seen as criminological needs and they are largely accepted as being the same for all youth regardless of race/ethnicity, culture, class, or gender. In other words, these needs are seen to vary at the individual level only, not at the group level.
Rethinking Juvenile Justice
Peacemaking circles
The peacemaking circle is a process that brings together individuals who wish to engage in conflict resolution, healing, support, decision making or other activities in which honest communications, relationship development, and community building are core desired outcomes.
New Issues
Age and Accountability
- Youth held in adult institutions in some cases
-Retrial detention
- Increasing with YCJA (especially with indigenous youth)
Release Conditions
- Criminalize more youth (because the conditions are too restrictive for teens to live up to)
Parental rights/supports
- Does not adequately support parents (parents are trying to be effective)
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Cross over kids:
- Start in welfare system or foster care (under age 12) who become involved in CJS; from one state program to CJS
Police Discretion
Definition - Decision to invoke (or not) legal sanction - when circumstances are favourable
Legal Factors - Bound by law (seriousness of offence)
Extralegal - Outside formal legal process (non-legal reasons)
Youth Conviction Rates: Property + Violent
- Youth are more likely to be found guilty of homicide, sexual assault, major assault and robbery
- Youth are more likely to stay for attempted murder (crimes)
- Very few are acquitted
- Common assault rates are similar
Property
- More likely to be found guilty of Breaking and entering + Fraud
-More likely to stay for theft, mischief, possession
- Very few are acquitted
Conviction by category of crime
- Most likely to be found guilty of traffic and YCJA
- Least likely to be found guilty of drug property
- More likely to stay for drugs
poverty and marginalization
Top cases in Juvenile Court
Violence & Property
