Part 12 Flashcards
juvenile delinquents act (JDA - 1908)
- generally focused on child welfare
- first realization young people have different needs
- lots of discretion among criminal justice actors
- youth were generally viewed as people suffering from lack of parental or social guidance
- cracking down on the small things like skipping school and prevent larger things later on
young offenders act (YOA - 1984)
- tried to actually address needs to different age groups
- protect and balance the rights and needs of young offenders while holding them accountable
- rehabilitation of young offenders
- reactionary and did not prevent first formal contact with the system
youth criminal justice act (YCJA - 2003 to present)
- present act
- applies to 12-17 year olds
- applifies the need for preventative measures
- contains extra judicial measures
- meaningful consequences that address criminogenic needs
risks experienced by high-risk and at-risk youth
- high-risk environments
- disabilities
- homelessness
- trauma
- delinquent peers
- familial challenges/factors
- school
prevention programs for at-risk youth
- normally for youth under 11
- usually do not have any formal contact with the criminal justice system
- programs usually geared toward high risk individuals and may be at risk of committing an offence after the age of 12
- community collaboration (teachers, parents)
- address needs and prevent criminalization
intervention programs for at-risk youth
- normally for youth aged 12+
- prevent any further contact with the criminal justice system
- community based
- parents/guardians must be notified and involved
goal of prevention and intervention programs for youth
- target and attempt to address risks experienced by justice-involved youth or at-risk youth
- example: SNAP = Stop Now and Plan
differences in youth system vs. adult system
- different legislation (YCJA vs. criminal code)
- don’t publish young offenders names
- most youth don’t continue to carry a criminal record
- youth must have supervision in the community after custodial release
- parents/guardians are typically present and must be notified
- maximum probation period is 2 years, instead of three like for adults
- extensive use of alternatives to the formal court system compared to adults
- maximum time a youth can be held in custody is six years
extrajudicial measure
- deal with youth crime outside the court system
- issued with warnings or diversions
- pre-charge: once youth meet the requirement, charges are not laid
- post-charge: once youth meets requirement, charges are withdrawn
- e.g. community programs
extrajudicial sanctions
- formal type of extrajudicial measure
- for more serious offences
- e.g. counselling, retribution, community service, restorative justice
youth court
- problem solving specialized court that takes a problem-solving approach the sentencing youth
- focus on speedy resolution of cases
- most commonly tried case in youth court is ‘break and enter’
bail as a provision of the YCJA
- not permitted as a form of child protection
- used only for serious offences, return to court, protect society
- used if the individual is a risk to society
primary objectives of youth sentencing
- rehabilitation and reintegration
- protection of the public
non-custodial sentences in youth cases
- similar to adults with some differences: judicial reprimand, non-residential attendance order
- don’t require incarceration
- specific to the needs of young offenders
youth probation
- most youth serve time on probation
- at least for their first offence
- measure RNR
optional conditions for youth probation
e.g. staying in school, securing work/job, residing with parent/guardian
roles of PO
- case management
- integrated case management conferences
case management
- must use RNR
- typically have smaller caseloads in youth probation
- work with community agents/partners, schools, et
integrated case management conferences
- goal: establish manageable goals and benchmarks for youth to achieve while on probation
- everyone involved in the offenders wellbeing is present
importance of studying youth in custody
- special needs and vulnerabilities that differ from adults
- giving them a voice
- it is a serious act for the government to take a child away from their family so it is important to make sure people who end up in custody belong in custody
- vital that custodial time focuses on treatment of young offenders
- unique experience in and out of custody given their vulnerable backgrounds
- females in custody tend to suffer different pathways to criminality
doing time as young offenders
- combination of both pre-existing vulnerabilities and institutional factors
- internal support and fear can also impact adjustment to incarceration
- support and friendship important predictors of adjusting appropriately
- impact and nature of relationships with staff
treatment and programs
- offender specific programming
- offence specific programming
- trauma informed practice
- cognitive behavioural programming
offender specific programming
- who the offender is and what their needs are
- e.g. appropriate cultural programming for Indigenous offenders
offence specific programming
- tailored to the type of offense and what is needed in response to that specific offense
- e.g. rehab if your offense was tied to abuse of substances
trauma informed practice
- a lot of people have suffered some sort of trauma before arriving in prisons
- programs and treatment options offered should be trauma informed and should be sensitive to what people may have gone through prior
cognitive behavioural programming
- effective with young offenders
- in conjunction with psychologist
- training and retraining your brain for better responses in certain situations
pains of re-entry for youth
- similar to adults
- e.g. isolation, losing familial support, disconnected from communities/further detachment, housing, re-entering the school system
aftercare programs
- e.g. capable guardian, stable home life
informal supports
- role that family and friends play in that person’s life
- influence