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18 Cards in this Set
- Front
- Back
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What are 4 key factors in the emergence of a separate juvenile justice system? |
1)Socio-economic Climate 2) Social reformers and movements 3) Social-welfare penalty 4) Anti-institutional discourse |
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What is modern legal governance? (3 characteristics) Why is it important? |
1) Particularistic (we look specifically, not generally) 2) Knowledge based 3) Dense interlocking system of social controls (separate system is many systems interconnected) It occurs prior to JDA (1908) that views continuity and shifts Discursive turn gave juveniles a special status and practical shifts |
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What did Phillipe Aries say childhood was? |
A "cultural artifact"-adolescence is socially constructed |
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Socioeconomic climate of what sets the seeds for JDA? |
Immigration, industrializaiton, urbanization leads to poverty and social isolation |
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Describe Generalized Justice: Classical Legal Governance -doli incapax |
-earliest form of youth regulation -little distinction between young and adult offenders -people 7 and older were considered adults Doli incapax: a child is too immune to inform criminal intent -kids under 7 should stay out because they are incapable of wrong doing kids under and immune from prosecution and those within 7-14 have "diminished capacity" to appreciate consequences of their actions -but crown can say appreciate consequences *wayward behaviour becomes juvenile delinquency in the late 19th century *seeds are planted before the JDA in 1908 as the mid 19th century in Canada |
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In the Socio-economic climate stage, what was going on? |
1) Reformers increasingly saw impoverished and working class as a threat to the emerging Canadian nation state 2) Reinforced isolation of working class and justified intrusive forms of governance aimed at them 3) Setting stage for officials to question the governance of young people |
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What is the Brown Commission and when does it occur? |
In 1849, they found oppressive conditions and called for "immediate action" 2 acts 1857- act for the speedy trial and punishment -and an act for the establishing of prisons for young people -first in legal documents to represent new ways of thinking |
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What is the Social Reform Movements about? |
A NEW APPROACH -young deviants in theory, but consider misguided children now (not criminals) -they're products of their social environment a)separate category of offender b)recognition that juvenile offenders required separate institutions |
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Describe the Pentaguishene Reformatory (1859-1904) |
-one of the first reformatories for boys in Canada -treatment resembled jails and penitentiaries -most notable gap? education no programming no classification provisions to separate first time from hardened recidivists -reformatory movement had little success in Canada |
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Describe the public school movement and child welfare and kelso Who was kelso? |
Kelso was a newspaper reporter that was concerned kids were on streets and not in classrooms -free and compulsory education -school attendance essential (those most in need of education were absent) |
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What replaced kelsos child welfare movement? |
Children Aid Society of Ontario in 1890s |
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Reformatories and Refuges |
Reform oriented institutions thought to reverse ill effects of children's home environments -based on idea that reformation rather than punishment was better -attention directly squared at "boy problem" |
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What was the EFS about? |
Errant Female Sexuality -inappropriate femininity warranted institutionalization (case of velma- when girls offended, they were seen doubly as deviant as boys- breaking laws, and good/bad girl dichotomy) -Refuges such as Toronto Industrial Refuge for Girls also emerged which offered protection, not punishment -working class females could develop their moral character through lessons in femininity and domesticity |
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What was the industrial school movement about? |
It was designed to offer training rather than punishment to young people who had committed crimes and those deemed wayward or in danger of crime -reflected view that children did not deserve harsh punishment but required love and protection -aimed to "cure" juvenile delinquency through reformative rather than punitive measures |
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What did the Victoria Industrial school provide? |
1887- resembled a residence rather than a prison like reformatory -lessons in self control -avoiding deviant situations -schooling, military training, religious lessons -by 1910s, officials were hopeful could reform bad boys |
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What did the Alexandra Industrial School for girls do? |
1892-1934 -for delinquent females -->EFS-prostitution, promiscuity, being idle and dissolute or illegitimate motherhood- brought girls to the attention of authorities and reformers -hundreds incarcerated for criminal conduct and defying appropriate standards for working class girls |
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What was the social welfare penality about? |
20th century approached, growth of separate state run or state funded institutions represented a different role for government -laissez faire approach (state minimally involved) -legal doctrine parens patriaie (parent of the country) -state to act "on behalf on the child's best interest" when parents are ill-equipped to care/control |
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What is the anti-institutional discourse about? |
Discursive shift away from reform programs based in carceral settings Promoted probation as a substitute to institutionalized discipline -despite proliferation of anti-institutional discouse, carceral strategies remain persistent |
