Juvenile Offenders Flashcards
Adolescents age
older than 12 younger than 18
Juvenile Delinquents act
1908
- 7-16 years old (up to 18 in some places)
- separate court and correctional facilities established
- offending seen as symptom of the disease “delinquency” caused by society and family
- truancy and promequincy could be subject to sanctions - adults could not be
- denied procedural rights (public hearing, legal counsel etc.) - as seen as helping them and not to punish so unnecessary
- indeterminate sentences permitted - however long to treat or cure
- parents encouraged to be part of process
Concerns:
- lack of due process
- inequity of trying and holding for non criminal behavior
- efficacy of treatment programs - open ended sentences with no empirical support
- need to hold youth accountable for criminal behavior
Prior to 1908 juvenile justice
1600
- under 7 not criminally responsible
- 7-14 if could prove malice were responsible
- tried and housed in adult facilities
Youth offenders act
1984 major reform of JDA
- 12-18
- under 12 through child and family services
- young offenders must take responsibility for actions
- need to protect society from illegal behavior
- youth afforded all Charter rights
- special needs and should not be help accountable to same manner as adults (lack of maturity for example)
- youth courts still in place
- serious indictable offences such as murder, can be tried as adult in adult court if at least 14
- diversion possible if plead guilty, absolute discharge, fine, compensation, restitution, probation, prohibition order, community service, or custody
- open (community residential facility) or secure custody (incarceration)
criticisms:
- violent crimes get light sentences- age of responsibility at 12
types of youth custody
open
- community residential facility, group home, child care facility, or wilderness camp
secure
- incarceration in prison facility
Bill C-106 section 16
YOA amendment 1986
- required youth court to consider whether crown or defense would like to make an application to transfer to adult court
- to address people making pleas to avoid transfers
Bill C-37 section 16
YOA amendment 1995
- 16 and 17 year old’s charged with murder, manslaughter or aggravated sexual assault go to adult court
- sentences changed:
- first degree murder: 10 year max, 6 min
- second: 7 year max, 4 year min
youth criminal justice act
2003
objectives:
- to prevent youth crime
- to provide meaningful consequences and encourage responsibility of behavior
- to improve rehabilitation and reintegration into community
- more focus on extrajudicial measures
- need to keep records of extrajudicial measures
- intensive rehabilitative custody supervision order (IRCS) now available for serious mental health issues
- no transfers to adult court but can be given adult sentence by judge (14 and up), if crown applies, crown has to notify will be seeking adult sentence
- victims are recognized
extrajudicial measures
measures taken to keep young offenders out of court and custody, such as giving a warning or making a referral for treatment
Youth offenders act to Youth criminal justice act
successfully reduced rates of incarceration especially in less serious offences
- increased number being sentenced to supervision in community as well as deferred custody orders
- greater emphasis on extrajudicial measures like restorative justice
naming youth offenders
YCJA
- only if 14-17 and convicted of serious, violent offences like murder or aggravated sexual assault (Bill C-10, clauses 185 and 189)
- if considered dangerous photo may be published
- if not yet been apprehended
Safe streets and communities act
changes to YCJA
- changes way serious violent or repeat offenders dealt with
- definitions of serious violent offences and violent offences (section 167, 1-3)
- inclusion of sentencing principles
Stefanie Rengel
14 year old murdered by 17 year old ex who was convinced to by his new 15 year old girlfriend
- both convicted and given adult sentences
- privacy ban not upheld - names posted on Facebook
Youth crime in Canada
more likely to be accused of crime
- 2017-2018
- 10% decrease in accused
- YCSI (youth criminal severity index) 11% decreased
- 25% of police reported incidences involve more than one accused
- 56% of accused not charged
- 58% found guilty given probation
- 2013-2014 - 15% sentenced to custody - decrease
internalizing problem
emotional difficulties such as anxiety, depression, and obsessions experienced by a youth
externalizing problem
behavioral difficulties such as delinquency, fighting, bullying, lying, or destructive behavior experienced by a youth
- long term persistent, harder to treat
- stable, symptoms low in childhood and peak in adolescence, decrease in adulthood
- males more likely to experience
- to access need multiple sources and to view within developmental context
Attention deficit/ hyperactivity disorder
AD/HD
disorder in youth characterized by a persistent pattern of inattention and hyperactivity or impulsivity
- some symptoms before age of 7 that cause impairment
oppositional defiant disorder
ODD up to 18
disorder in youth, persistent pattern of negativistic, hostile, and defiant behaviors
- lasting at least 6 months
- 40% with ODD have CD, if qualify for CD, CD diagnosis is used instead
- at least 4 symptoms, and one interaction with someone other than a sibling
conduct disorder
CD up to 18
disorder characterized by a persistent pattern of behavior in which a youth violates the rights of others or age appropriate social norms or rules
- 3/15 criteria in past 12 months, 1 in past 6
- 30-50% of youth with CD diagnosed with antisocial personality disorder in adulthood
assessing children or youth consent
2 levels
- parent or guardian
- child or adolescent
accessing externalization disorders
in youth
- to access need multiple sources and to view within developmental context
- duration, severity, and frequency of troublesome behaviors should be measured
assessing adolescents in court
no consent needed
- determine level of risk for reoffending
- static and dynamic factors
- interviews, case files, and history used
- more relevant risk factors = more likely to reoffend
- any professional (front line staff at institution, probation staff, credentialed professionals) can conduct assessment
- short term predictions generally more accurate than long term
Risk assessment tools for youth
SPJ:
- early assessment risk list Boys (EARL-20B), girls (EARL-20G)
- structured assessment of violence risk in youth (SAVRY) - uses protective factors
- START - adolescent version
others: ACDI - corrections version 2 - 12-17 to screen for substance abuse HCR-20 ORAMS - ISA -young offenders - PRA - young offenders YLS/CMI YO-LSI
Rates of behavioral disorders in youth
worldwide
-5.7% any disruptive disorder (3.6% ODD, 2.1%CD)
-3.4% ADHD
Roberts et al., 2007
- disruptive disorders more prevalence than ADHD
Comorbidity of ADHD and CD
Yoshimasu et al., 2012
- diagnosed with ADHD, 22.5% also diagnosed with defiant disorder (CD/ODD)
-20-50% of ADHD have symptoms consistent with CD or ODD
Youth offending trajectories
life-course persistent/ child onset
- 3-5% general population, 1% in females
adolescent- limited offenders/adolescent onset
-70% general population
- 9.9% males, 3.5 % females in offender samples
- less than 10% of young children/ boys with high aggression continued to engage into adolescence
- predictor of physical and nonphysical delinquency in adolescence
Life course persistent offenders
child onset
- behavioral problems and antisocial behavior that begin in early childhood, continue into adolescence and often persist into adulthood