Youth and juvenile crime is a common and serious issue in current society, and people, especially parents and educators, are pretty worried about the trend of this problem. According to Bala and Roberts, around 17% of criminals were youths, compared to 8% of Canadian population ranging between 12 to 18 years of age between 2003 and 2004 (2006, p37). As a big federal country, Canada has taken a series of actions since 1908. So far, there are three justice acts in the history of Canadian juvenile justice system, the 1908 Juvenile Delinquents Act, the 1982 Young Offenders Act, and the 2003 Youth Criminal Justice Act. In Canada, the judicial system and the principle of these laws have been debated for a long time. This paper will discuss how …show more content…
7-15 year old (in some cases, a maximum of 17years) young people are confined under this Law. The courts, as the judicial role of parents, had to decide whether the young people should bear the consequences for their crimes. If the judge found that the minor's conduct had constituted a crime, then he could order him or her into the juvenile correctional homes until the relevant authorities agreed the criminal juvenile could be released. The law assumed the responsibility of the parents that they should determine the care of young people in terms of education and the linkages with their families (Sayson, 2006, p.6). The Juvenile Delinquents Act brought some positive impacts on many young people who went through the juvenile justice system. However, many flaws appeared in this Act after a period of time. "Under the JDA, there were a number of differences in provincial prohibitions, variations in maximum age limits, and a wide range of financial commitment" (Covell & Howe, 1996, p.346). The juvenile offender under this law, which built a level of discretionary regime, had few rights with regards to the welfare. In addition, according to Makarenko, there was another limit of this act – the law did not charge against children by defining different circumstances, instead, it charged children with delinquency. The law offered judges with a great deal of rights in sentencing juvenile delinquents (2007, p.2). In 1984, the Juvenile Crime Act (YOA) replaced the
In Canada when a young person gets in trouble with the law, the punishment given will be in accordance with the Youth Criminal Justice Act. The Youth Criminal Justice Act was created in 2003. The main objective of this legislation is to hold youth accountable for their actions through the promotion of “rehabilitation” and “reintegration” (Youth Criminal Justice Act, 2002, S.3a(ii)). Within the Canadian court system, there is a youth court for individuals who get in trouble with the law while they are still under the age of 18 years. In Calgary, Alberta the youth courtrooms are located in the Calgary Courts Center building, which is located at 601 5th Street SW. I attended youth court on Wednesday, October 26, 2016 and Monday, October 31th. This paper will shed light on the atmosphere of the youth courtroom, analyze how the criminal justice professionals are acting within the courtroom, and discuss certain cases that went through the youth courts.
Canada has many rules in place for all the crimes that happens throughout the country. However, people of different ages are treated differently. This is because of the YCJA, which gives youth who commit crime, under the age of eighteen, certain rights that adult criminals don’t get. This is a very debated and important topic because this act gives certain advantages to youth criminals because of their age and some people don’t think that this is fair.
When a young person breaks the law in Canada, they are dealt with differently than adults, for they lack the level of maturity and development. The federal law that governs Canada’s youth justice system is Youth Criminal Justice Act (YCJA). The act was created in 2003 with a purpose to hold youth (12-17) accountable through sanctions that contribute to the protection of the public. The basic principles of this act are crime prevention, rehabilitation and reintegration, protection of the public and youth, meaningful consequences, and accountability. Hence, it is fair and equitable, as well as effective for youth to a great extent, with preventing crime while ensuring the accountability of a young offender. The data from Statistics Canada show that youth crime has decreased 42% since 2000. This essay focuses on how the justice system effectively ensures the protection of society, the innocent, and ensures that those who break the law, face appropriate consequences.
The Youth Justice System deals with 12-17 year olds in trouble with the law. It uses a rehabilitative method to deal with youth. It makes sure the youth are provided with meaningful consequences for their actions and then reintegrates them back into society. The Youth Justice System brings up a lot of question and the main one is: Is Canada’s Youth Justice System fair and equitable? A lot of people argue that it is too lenient while others say it is a great method for dealing with youth. The Youth Justice system is fair and equitable; it uses a rehabilitative method that helps reintegrate youth back into society as normal functioning citizens. Young people deserve a different criminal code than adults because they are in the course of
Youth crime is a growing epidemic that affects most teenagers at one point in their life. There is no question in society to whether or not youths are committing crimes. It has been shown that since 1986 to 1998 violent crime committed by youth jumped approximately 120% (CITE). The most controversial debate in Canadian history would have to be about the Young Offenders Act (YOA). In 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act (JDA). The Young Offenders Act’s purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic
The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest, and provide us with the right to counsel. The bail court departs from the ‘beyond reasonable doubt’ standard in that the crown only needs to prove on a balance of probabilities (Kellough, 1996, p. 175) in order to take away a person’s freedom. It is for this reason I decided to limit the scope of my
A lot of Canadian youth face issues such as living in poverty, living in violent neighbourhoods and sometimes that leads to them becoming young offenders. In order to help these youth become positive contributing parts of Canadian society the impact that the Youth Criminal Justice Act and the Safe Streets and Communities Act has had on them must be studied. Therefore this essay will address the questions of whether the purpose of the legislation we have to deal with youth offenders is to rehabilitate youth or punish them, and whether or not the method being used by the Canadian government is effective in allowing young offenders to create and lead a stable life after being released from jail. This paper will argue that the main goal of the
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
With the escalation of murders and rapes committed by minors as seen in recent years the people are looking for the right answer. Public concern over the effectiveness of the juvenile courts when dealing with these offenders has brought about change in the justice system. (Stolba, 2001). The courts now, are quicker to transfer a juveniles’ case to adult court than when the juvenile system was first formed. There stands a conflict of interests within the two court systems. Juvenile courts are to protect the rights of youths determined incapable of adult decisions. The primary concern is that the youth be rehabilitated and not become a repeat offender. Thus, protecting the child from incarceration with adult criminals and any possible future victims. The concerns of the adult court is to make sure the convicted offender pays for their crime and that the victim gets justice. Rehabilitation is not a primary concer of the adult justice system.
In Spring 2009, three offenders, all in grade eleven , set two houses is Sherwood park on fire. The youth criminal justice Act (YCJA) provided opportunities for them to reintegrate and rehabilitate, instead of throwing them in jail. YCJA covers kids between the ages twelve to seventeen years old. It 's purpose is to handle youth offenders more differently than adults because of their undeveloped minds. The YCJA was released back in 2003. By protecting the rights and providing Youth Canadians the support they need, the YCJA benefits the offenders in a positive way. The act gentrust the youth a second chance to make sure they don 't reoffend by rehabilitating and reintegrating them. Also youth over the age 14 years can get an adult sentence if necessary. Therefore, the YCJA is an effective law because it supports everyone; youth will acquire the help they need and Public Safety is insured.
This paper will discuss the history of the juvenile justice system and how it has come to be what it is today. When a juvenile offender commits a crime and is sentenced to jail or reform school, the offender goes to a separate jail or reforming place than an adult. It hasn’t always been this way. Until the early 1800’s juveniles were tried just like everyone else. Today, that is not the case. This paper will explain the reforms that have taken place within the criminal justice system that developed the juvenile justice system.
“The juvenile justice system was first created in the late 1800s to reform United States policies on how to handle youth offenders. Since that time, a number of reforms - aimed at both protecting the "due process of law" rights of youth, and creating an aversion toward jail among the young - have made the juvenile justice system more comparable to the adult system, which is a shift from the United States’ original intent (2008,Lawyer Shop.com).” The
The term juvenile delinquent was established so that young lawbreakers could avoid being classified in legal records as criminals. “The laws were designed to provide treatment, rather
Serious crimes such as murder, burglary and rape have raised questions as to whether the young offenders should face severe punitive treatment or the normal punitive measures in juvenile courts. Many would prefer the juveniles given harsh punishment in order to discourage other young people from engaging in similar activities and to serve as a lesson to these particular offenders. However, results from previous studies indicate such punitive measures were neither successful nor morally acceptable. Instead, the solutions achieved have unfairly treated the youths and compromised the society status (Kristin, page 1).
The federal government of Canada fifteen years ago, in 1984, the Liberal party changed the Juvenile Delinquents Acts to the Youth Offenders Act to have a “More human approach to the rights of young people before the law”(Leschild and Jaffe, 8:1991). In the present such as Premier, Mike Harris, of Ontario wants the federal government of Canada to scrap the Young Offenders Act. In 1999, the same party that came up with the act is making majors changes to the act. This report will look at the young offenders act at the present time, look at why kids commit crime, what is being done to improve the act, what has the province done towards teenagers and also a look at the United Sates youth system.