...In 1908, a little girl of 15 or 16 was hanged for stealing in her town. Today, if someone is caught stealing, they would most likely be charged with a fine. This case of two polar opposite consequences has caused much controversy between Canadians. Should the Youth Criminal Justice Act (YCJA) be harsher on young offenders or should the government go back to imposing the Juvenile Delinquent Act instead? Not at all. Even if many people feel that the YCJA is too easy on youth, it is the best act passed so far for youth offenders. The YCJA is equitable to many youth offenders facing unique circumstances and youth are less likely to commit a crime or feel like they need to, if they get rehabilitated into society. Background checks are an important...
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...Is the Youth Criminal Justice fair and equitable? The Act is an important issue to the lives of Canadians, focusing on the youth in our communities. People have been questioning though, is the Act to easy on the youth, or easy to slip through the legal cracks? Other Individuals say that the YCJA is doing just fine, and that the children affected deserve mercy that the act provides. I believe that harsher punishments may be necessary, or else the youth will never learn. It seems that the youth get off too easy in many situations. There are young people who vandalize and steal, get off easy, then just repeat. Myself and other people have gotten sick of this. The youth can just get away with a slap on the wrist and continue wronging others. With harsher punishment and persistence the YCJA can change the youth in our communities. Yet some people don’t realize that not all problems are from the system, but the source, the parents or friends at school....
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...asked for facts of the case, to enlighten the crown of the situation. This youth was found passed out in the washroom stalls at a A&W restaurant. The employees of the A&W called Calgary police, by then she was passed on the table. When officers asked her name, she provided them with a false identify. Once police figured out her real identity, it was then realized that she had several earlier convictions, and breached her probation order. This youth was charged with Misleading Justive-S.131(1) of the criminal code, Intoxication in public, obstructing...
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...current technique and it is over a decade old, people are starting to wonder: is it really the most efficacious way of dealing with young offenders? 13 years ago, on April 1st, 2003 the YCJA came into effect. It deals with teenaged criminals from 12 to under 18 years of age. Yes, our current way works, but not extremely well; for the ages are not broad enough, the punishments offered are not resulting in the right message; the youth are not learning from their mistakes, and that results in them not being prepared for the future responsibility that awaits them in adulthood. At 12 years old, you could commit a crime at face at least some sort of punishment. But what if you are 10, 11, or younger? We need to have a way...
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...Introduction The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the principal federal program through which the federal government sets standards for juvenile justice systems at the state and local levels. It provides direct funding for states, research, training, and technical assistance, and evaluation. The JJDPA was originally enacted in 1974 and even though the JJDPA has been revised several times over the past 30 years, its basic composition has remained the same. Since the act was passed in 1974, the JJDPA focused solitary on preventing juvenile delinquency and on rehabilitating juvenile offenders. Since the original enactment of the JJDPA in 1974, the periodic reauthorizations have been controversial, as the Act's opponents have sought to weaken its protections for youth, reduce prevention resources, and encourage the transfer of youth to the adult criminal justice system. The Juvenile Justice and Delinquency Prevention Act follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are, the Deinstitutionalization of Status Offenders (DSO), Sight and Sound separation, Jail Removal, and Disproportionate Minority Confinement (DMC). The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide...
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...qwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmqwertyuiopasdfghjklzxcvbnmrtyuiopasdfghjklzxcvbnmqwer...
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...Should the minimum age of criminal responsibility be raised? ‘Boys will be boys’, but at what age does this no longer apply? At what age is a boy expected to take on the responsibilities of a man? The Children and Young Persons Act 1963 (s.16) provides that ‘It shall be conclusively presumed that no child under the age of ten years can be guilty of an offence’. This means that once a child in the UK reaches the age of ten they are as exposed and liable to the full weight of the law the same as any adult. The UK currently has the lowest minimum age of criminal responsibility (except Scotland at 8 but cannot be prosecuted until 12) within the European Union. This places the UK significantly below the average of 14 years old. There seems to be little justification for this deviance from the norm in regards to the minimum age of responsibility in the UK and there have been considerable publications pushing for the UK to raise the minimum age of criminal responsibility in the last decade, providing substantial evidence in favour of doing so. The evidence supporting the need to raise this minimum age can be found not only in psychology and scientific research regarding the brain development of youth and autonomy of children at this age, but also the severe social implications of criminalizing our youth. In order to argue that the minimum age of criminal responsibility (MACR) should be raised it will be necessary to identify and evaluate this evidence, as well as identifying...
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...essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other relevant legal documents (parl.gc.ca). Bill C-10 is also titled the Safe Streets and Communities Act but many critics say that this title is very...
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...Restorative Final Warnings: Policy and Practice DARRELL FOX, MANDEEP K. DHAMI and GREG MANTLE Darrell Fox is Consultant Social Worker, Havering Youth Offending Service, London Borough of Havering; Mandeep K. Dhami is Lecturer in Criminology, Institute of Criminology, University of Cambridge; Greg Mantle is Reader in Social Work, Institute of Health and Social Care, Anglia Ruskin University Abstract: This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement throughout...
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...Should Youths be treated as Adults in the Canadian Justice System? Varun Thapar Due Date: March 1, 2011 Mr. Roberts The Youth Justice System was originally created in 1908; and was brought about because the government considered facilitating the youth so they wouldn’t be given the same sentence as adults. This early incarnation of youth legislation was called the Juvenile Delinquents Act This act was for young offenders with a guiding philosophy that juveniles are not criminals but children who need direction. An offender was classified to be between the ages of 7-18 could be tried in this system. The accused does not have a right to a lawyer, hearings were closed; and the charter did not apply. Examples of sentencing options were light and included fines and placements in foster care home. In 1984, the Young Offenders Act was changed to the idea that youths are less responsible for crimes than adults. Some of the amendments of this new act were a narrower range of age, 12-17 year olds and the accused must be advised of right to a lawyer, the Charter rights apply, and the accused could be sentenced to open or closed custody, and could be sentenced to 5 years for murder. In 2002, harsher punishments were introduced to the Act along with a change of name to the, Youth Criminal Justice Act. The driving idea for this act is that tougher sentences prevent crimes but rehabilitation is vital. It has been is debated as to whether or not youth should be given the same sentences...
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...public perception of youth crime is that it is growing out of control and that violence crime is common. Sensationalized media coverage, frustrated law enforcement officers and vote-seeking politicians, have tended to portray only parts of the overall reality of youth crime (John Howard Society, 2008). The government of Canada has evolved over the many years to deal with youth crime from installing the Juvenile Delinquency Act in 1908 all the way to the Youth Criminal Justice Act recently amended in 2012. What these acts have accomplished is the separation of youth and adult sentences (Stevenson, 2014). This was done in order to protect children because it is the belief in Canada that children are not responsible for their actions because of Doli incapax or the inability to do wrong. That being said there is still legislation in dealing with youth crime that is punishing and effective (Stevenson, 2014). This paper will analyze a court case decision made under the Youth Criminal Justice Act which involves a young offender who was convicted of a gang-related murder and breached Conditional Supervision Order (R. v. S.(M.), 2014). This court case will be analyzed using relevant research on youth gangs using concept of theories that apply to our young offender. In conclusion, this paper will discuss limitations of laws and possible alternatives that dealt with the young offender. A summary of R. v. S.(M.), the court based decision under Youth Criminal Justice Act. Legislations used...
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...Running Head: Review Review [Name of the Writer] [Name of the Institution] Review Introduction The NSW Government greets the Noetic Group’s tactical appraisal of the New South Wales Juvenile Justice organization. The Government admits the Report’s judgment that the figure of young citizens in protection is increasing, it is essential for the demonstration of Aboriginal young community in safe keeping and those additional successful choices might be accessible to decrease recidivism surrounded by immature people. As the account notes, efficiently dropping juvenile offense is a multifaceted responsibility want a strategic move toward and synchronized action across government organizations, non-government organizations, and the society. Recommendations Reply to Report Recommendations proof- based advanced Efforts to decrease juvenile wrong should have their foundation on the obtainable embodiment. The Government powerfully sustains this approach. The Report submits to a broad variety of national as well as worldwide research on policies to decrease juvenile offending behavior and plans to sketch together the available body of confirmation on answers to the minor offense. The Government looks for out evidence on active young fairness practice from many sources counting interior research as well as reviews, other jurisdictions – national and international, academic, non-government associations and the Bureau of Crime Statistics and Research (BOCSAR). The confirmation base...
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...been a lot of work within the criminal justice system and the Aboriginal communities to create new restorative justice programs to amalgamate Aboriginal justice traditions and reduce the number of Aboriginals within the criminal justice system. Within the last ten to thirty years these many new restorative justice programs have been created, such as: Youth Criminal Justice Act (YCJA), Circles of Support and Accountability (CoSA), RJ option project and conferences. Many communities have had success from the restorative justice programs. Despite all the good work within the programs there is underlying problems will be identified. While despite all the good work with the programs there are underlying...
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...Outline The Main Ways By Which Offending By Children And Young People May Be Prevented. Explain Any Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common Law;...
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...symptoms such as acting out at home or in school, showing a decreased interest in activities that they previously enjoyed, or bringing home poor grades. Others ultimately are charged with offenses ranging from status offenses for things such as skipping school, to misdemeanor offenses such as burglary or possession of a controlled substance, or even more serious charges. In Iowa, adolescents exhibiting behavioral issues become involved in the Juvenile Court system, which seems overwhelmed with the volume of cases to be heard, and does little to address the mental health needs of its clients. This paper will discuss the federal legislation developed to protect youth in the juvenile and criminal justice system and address delinquent behavior, the volume and types of offenders, the limitations of the current Juvenile Justice System, and proposed modifications to the organizational structure of the system. Status offenders are juveniles charged with an offense that is only illegal because they have not yet reached the age of majority. The most common status offenses are “truancy, running away from home, incorrigibility (disobeying parents), truancy, curfew violations, and alcohol possession by minors.” (Steinhart, 1996) Additionally, according to statistics compiled by the American Bar Association, published in the JJDPA Fact Book, it is...
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