Youth Corrections and New Issues Flashcards
1
Q
Restorative Justice (finding a different way outside of court to deal with youth. Focuses on participation of victims):
A
- Victim’s rights (relational justice)
- Meeting between parties (victim, offender, community members)
- Usually a meditator involved as well
- Discusses the harm and the effects the crime has caused. You can make
reparations that are meaningful - Communication between parties- discuss the offence, feelings of how affected by crime,
and harm done - Feelings are not evidence
- Agreement by both parties
- How to make amends. The offender and the victim come together fix the harm
done - Inspired by Australia and new Zealand and the newness of it
- Apology as option to make amends (genuine)
- If the offender wants to apologize, they can and the victim has the choice of
accepting it - Restitution: offender makes reparation- return equilibrium
- MOST COMMON
- Function/purpose: change offender’s (future) behaviour
- Has the chance to hear the change that has been made
- Can talk about how they have been affected, the impact that it had on thei
behavior and others - Respect to all parties
- Address the behaviour, not the person
- Once they internalize it, they become it and they can’t move away from it
2
Q
Strengths (positives) of restorative justice:
A
- Accepts responsibility
o Without going to court, without a record - Consensus between parties (not imposed)
o Less meaningful, more resentment - Full knowledge (for judge; & youth- how crime impacts)
o Judge can use this in court and included to understand the youth is trying to do
better - Principles promoted (rehabilitation & reintegration)
- Meaningful consequences (tied to offence)
- Community & victim involvement (help with closure; higher satisfaction)
o Higher satisfaction because they don’t have to go through the court system
3
Q
Probation-mandatory- MOST COMMON FOR YOUTH
A
Mandatory (statutory) conditions
* A) Keep the peace
- Be a good person, not cause trouble
* B) Be of good behaviour
- Not breaking any other laws including by laws
* C) Appear in court as required
- If not, it’s seen as a breach of court orders and can be sent to prison
4
Q
YCJA Conditions for Probation:
A
- A) prohibited from possession or purchasing weapons and explosives
- B) Conditions necessary to secure youth’s good conduct
o Individualized to the young person and what they consider the conditions that
needs to be secured for their good conduct
5
Q
Probation- Additional Conditions:
A
- Report to probation officer (regular intervals)
- Go to school (re-enrol or continue)
- Reside at a residence (in court records; supervised)
- Report changes in address (to court)
- Remain in court’s jurisdiction
- Not associate with certain people (co- offenders; if relevant)
- Avoid certain neighbourhoods (associated with crime)
- Obey a curfew
- Abstain from drugs and alcohol
- Attend a treatment program (if relevant)
- Maintain employment (if relevant)
[prohibition order can be imposed under YCJA independently of a probation order] MAX IS 2
YEARS FOR YOUTH
6
Q
Total Institution- Goffman (how things operate in a psychiatric unit)
A
- All aspects of life- carried under the same place
- Practices are regulated by hierarchy (authority-subjects)
- Loss of autonomy (activities are structured)
- Suit rational goal toward transforming self (individual) to fit needs of institution (inmate,
psychiatric patient) - Privilege system (rules and rewards) extra cleaning, doing extra things and you get points that
you can use - Identity (stripped; homogeneity- uniforms) stripped of individual identity
- Subculture - Argot system (language system) words that are known in the subculture that aren’t
known to the outside world. Prisoners and patients have words that are secret to workers there as
a way to have solidarity against those in authority.
7
Q
Youth Prison- Change with YOA
A
- Secure custody: required restrictions of movement (inside and outside): Dormitory & Lock up
- (Nonsecure) Open custody: fewer restrictions of movement (inside and outside)
- Supervised activities
- YCJA legislation: provincial facilities differentiated by multiple security levels
- Operates like a group home
8
Q
Youth Centres
A
- Ontario: was determined by age:
- 12-15 (phase I)
- 16-17 (phase II)
- Now: provincial director (decides level of custody after sentencing)
- YCJA - youth court (does not need to specify level of custody)
- All provinces required to have both levels of custody- got left over from YOA
9
Q
YOA
A
- Too much reliance on custody- serious & expensive problem
- Used: Short periods of time for non-violent offences
- Problem:
- Rates increasing (higher than USA)
- Did not differentiate between crimes (serious and minor offences)
10
Q
Custody Sentences- Negative effects
A
- Costs- custody is expensive
- Other Negative Effects:
- A) interruptions in education (risk for crime)
- B) disciplinary infractions much higher (vs adults)
- C) bullying and victimization (increase)
- D) trauma (lifetime stressor)
o Affects kids more than adults - E) suicide risks (increased) the reason why they started sending kids to prison was because of
the public. They were wondering why they were being tough on adults and not kids.
11
Q
Custody for Youth (YCJA)
A
- Conditions:
- A) Offences: violent or indictable
- B) Pattern: of non-compliance with previous 2 non-custody sentences (including ES)
- C) Findings of guilt: at least 2 previous
- D) Exceptional circumstances (judge decides) connected to something non-compliant and
needs to be taken more seriously - Reviewed yearly by court (can be requested at 6 months; JR) reevaluate where that young
person is, how it’s going, can they leave supervised day passes or not
12
Q
Cost of Custody/ cost of jail (Bell, 2015)
A
- Average cost per year ($80, 000/year) may be more if they require more resources
- Community residential programs ($8,000-$12,000/year)
- High-security programs (up to $216,000/year) kids who have committed homicide
- In community:
- Cheapest: probation ($700/youth)
- Most expensive: intensive supervision ($7,000/youth)
13
Q
Race and Ethnicity issues (in Canada)
A
- Discriminatory justice system
- A) Practices in the system (police, courts)- more likely to stop Black & Indigenous youth more
likely to be arrested, held in remand and pre-trial detention - B) Direct and indirect effect- decisions made (perceived to have “bad attitudes”/dangerous)
- C) Sentences (custody)- more likely (even when severity of crime is controlled)
- D) Poverty- correlation between race/ethnicity and poverty- issues is poverty, not race/ethnicity
14
Q
Aboriginal Youth Issues
A
- Systemic Racism (decisions at different levels of CJS) starting with police, then court, then
correction - Effects of colonialism (subjected to a Euro-Canadian legal system- ignores cultural differences;
residential school legacy) have adopted a French and British legal court system - Creates social problems: addictions, suicide, poverty
- Cross-over kids: blend/blur of child-welfare & youth criminal justice saw this for Indigenous
girls. Being in foster care is seen as a risk in the CJS
15
Q
Girls and Corrections:
A
- Overuse of custody (fail to comply & other admin)
- Indigenous, Black girls (disproportionate use)
- Inadequate programs and facilities [because to few]- no programs that help girls and women
that wouldn’t help boys like parenting classes, counselling for victimization - Paternalistic decisions (protect girls- especially PO (probation officer)/judge)
- Sentencing with “best interests” (Bell: is this throwback to the JDA?) that we are still punishing
them for what’s in their best interest instead of criminal behaviour
