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14 Cards in this Set
- Front
- Back
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What is the YCJA 3 pronged approach?
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-crime prevention -meaningful consequences -reintegration |
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What does meaningful consequences mean? |
-no clear definition but it understands for young person to be accountable -on one spectrum social exclusion, and on one end social inclusion |
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What is similar and different about the YCJA and the YOA? |
Similarities: still legal representation 12-17 years Differences: Greater emphasis on offence and offender -the language of meaningful consequences -idea of proportionality How different from YOA? -expand sentencing options -principles to guide judicial discretion -eliminate transfer of youth to adult court (youth may receive adult sentence) |
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What are claims of the YCJS today? |
-operates in the context of social inequality and works against marginalized individuals -discourse around risk, seen as risky youth -neoliberalism - a social/political/economic framework that works as a system and a discourse-characterizes policies and programs that have aim towards security and privatization-goes hand in hand with risk discourses-newer form of liberalism (free and open from the state-when ppl are threats, state steps in) -cutting or reducing funding for social programs -downloading responsibility for handling social issues to communities |
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What are 3 outcomes the YCJA want to achieve? |
Preventing crime Longterm public safety Rehabilitation and Reintegration |
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Are meaningful consequences or connections better? |
Youth are more oriented by reward than risk! Meaningful connections (over sanctions, potential negative outcomes) |
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Explain the 3 points on laws on books vs laws in practice |
1) Philosophy in legislation (what)- this is what the law says the system is 2) philosophy gets translated into program goals and objectives- how its gonna get done (how) 3) ideological orientation of professionals responsible for delivering service to young people (who) -the frame the professionals use, they bring with them their ideas, these can be biases onto more of one side |
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What are the 7 underlying assumptions under which YCJA are faced? |
Accountability: system divides depending on the situation Bifurcation: divides the system in 2 Community: expected to be involved Discretion: vantage point of those players Proportionate: has to do with he proportion of the consequence to the crime Role of victims: supposed to be central players Special needs of aboriginal youth: greater recognition of unique circumstances (there is an overrepresentation of these young people) |
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What is the role of defence lawyers? |
As an advocate -> takes clients instruction and attempts to raise legal challenges- emphasis is legal rights (like YOA) As a guardian -> less adversarial, emphasis is childs welfare (LIKE JDA) |
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What is the role of a judge? |
If it gets all the way to a judge, it is now up to them -promotes rehab and reintegration- can do that by using EJS (extrajudicial measures)-give kid a chance to repair the harm |
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Since the passage of the YCJA, what has happened? |
There has been a reduction in number of youth in custody -custody was initially meant to be for repeat and violent offenders |
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What has the SSCA done? |
Safe streets community act has expanded this, its illustration of punitiveness is not just when harm is done, but when it could be done |
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What do we see with aboriginal youth? |
That there is an increase in the proportion of Aboriginal Youth in custody, even though legislation draws attention to the special needs of aboriginal youth |
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Do the gender, race and class of a youthful offender matter? |
YES |
