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13 Cards in this Set
- Front
- Back
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Principles of YOA |
-crime prevention -accountabiity and responsibility -societal protection -limited maturity and special needs of young people -rehabilitation of young offender -restraint of young offenders -least possible interference with children's freedom -special guarantees of rights/freedoms -primary responsibility of parents for their children |
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What are limitations of law and calling upon CJS to deal with social problems? |
Problem is that it is up to courts and police officers to make decisions, they can justify any decisions they make |
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Was there trouble with this? What was the biggest criticism? |
YES, it was criticized and their was public and political opposition Biggest criticism: it was not tough enough on juvenile crime (lack of deterrence) |
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What is the image of the young offender at this point in the YOA? |
-resists JDA's welfare model, attempts "hybrid" (rehabilitation, but adding justice to the model, doesn't mirror the adult system but comes closer) -perception young offender as not having rational thought processes needs to be stopped -YOA became a symbol of all that was wrong with youth today- this is where we see beginnings of YCJA |
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Describe the "violent young offender" |
Media accounts helped create this picture of a "them" -"face of youth crime" becomes violent young offender -victims are central to debates effective crime control becomes incarceration |
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What was the problem with courts and custody? |
there was a major overuse -2x the rate of American courts prior to YCJA -0.75 of youth sentenced under YOA had not committed a violent crime -many were just property related crimes |
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What are the main differences between JDA, YOA, and YCJA? |
JDA-offender's needs YOA-offender's deeds YCJA- balance, because they're youth but requirement to respond to behaviour |
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What was Harper's proposal? |
"Punishable young offender" -sold as get tough, but actually bifurcated legislation |
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What was included in the proposal of the YCJA? |
Bifurcated legislation 1) non serious offenders would be handled through community based and diversionary programs (extra judicial measures) 2) serious and violent offenders would be subject more circular and punitive interventions |
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What are 5 ways in which the YCJA attempted to address flaws in the system by? |
-targeting response to seriousness -clarifying principles -proportionality in sentencing -rights -reintegration |
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What were the dissenting voices? |
-embraced spirit of the new law "meaningful consequences" but quebec didn't really part take -"new coat of paint on an old barn" -putting all this time and money into new law, but if underlying traits of why were doing this doesn't change, it doesn't make a difference -tensions between violent young offender as "other" vs humanize youthful offenders (if we look at them as other, we don't really care what happens to them) |
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Why is reforming law such a dominant response to youth crime? |
About control, power We put more resources into CJS than schools |
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What are 4 things to keep in mind about what the system could and should do |
1) Law on books vs law in practice 2) question of implementation matters 3) how could putting in any kind of law stop crime, as young people will still commit them? 4) social conditions, nature/nurture, choices, constraints...its a complicated process |
