PSYC 2400 Lecture Notes - Lecture 11: Young Offenders Act, Juvenile Delinquency, Protective Factor
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10 Dec 2018
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Unit 11: Young Offenders
Outline of Sections
• Current and Historical Treatment of Young Offenders in Canada
• Assessment of Young Offenders
• Theories of Youthful Offending
• Risk and Proctective Factors
• Intervention and Treatment Strategies
Current and Historical Treatment of Young Offenders in Canada
Early Young Offender Legislation
• 17/18th Centuries
o No formal rules regarding treatment of adolescents
▪ Charges, sentencing and incarceration were as with adults
• 1908: The Juvenile Delinquents’ Act (JDA)
o Applied to children between the ages of 7-16 (18 in some jurisdictions)
o Separate, somewhat more informal, court system was established
o Sentencing options were expanded to include less formal options
o Parents were encouraged to be a part of the proceedings
Young Offenders Act (YOA)
• Replaced the JDA in 1984
• Represented a shift in how adolescent offenders were perceived
o While younger, were still viewed as an equal treat to society
o Were thus
▪ Afforded all right stated in the Charter
▪ To be held fully responsible for their actions
• Youth falling under the act were between the ages of 12-18
o Under 12, were handled through child and family services
• Some differences between adults and youth were still recognized (eg cognitive
development)
• These differences were addressed through differential levels of accountability, and
differential consequences for their actions
• Diversion was possible: to have the adolescent undergo educational or community
service instead of formal prosecution (for certain crimes)
Youth Criminal Justice Act (YCJA)
• Replaced the YOA in 2003, and remains active today
• The three main objective of the YCJA are:
o To prevent youth crime
o To provide meaningful consequence and encourage responsibility of behavior
o To improve rehabilitation and reintegration of youth into the community
• There is a push for extrajudicial measures
o Measures taken to keep youth out of court/custody if possible
• Youth must remain anonymous, except under special circumstances
• Sentencing options have increased
• Transfer to adult court has been eliminated
• However, adult charges can still be requested, and applied at times
• Victims are given the opportunity to participate in the process
Youth Crime Rates
• Youth crime has been decreasing since 2001 gradually
• Some people people that the JCYA is part of the reason why it has been decreasing
Assessment of Young Offenders
Assessment Procedures
• Often assessment of youth is mandated by the courts
o For the purpose of determining reoffending risk
• In other cases, youth may be assessed voluntarily
o Assent gathered from parents
o Often to determine mental stability
• Offense history is often limited
o Context may play a greater role in offending
o Thus, unlike adults, history is often not a major risk consideration
Risk Assessment
• Generally mandated by the court
• Assessment instrument generally entails a “checklist” or risk-relevant characteristics
o Eg. age at first arrests, antisocial attitudes
o Generally assumed: more risk factors = higher reoffending risk
• Example assessment instruments:
o HCR-20
▪ 20 items that assess their past, present and future
o ORAMS
▪ Involves two different assessment subscales,
Mental Health Assessment
• Often undertaken with assent/consent
• Intends to evaluate the mental health of the adolescent
o Internalizing problems: emotional difficulties including anxiety, depression and
obsessions
o Externalizing problems: behavioral difficulties including delinquency, fighting,
bullying and lying
• Externalizing problems are often considered to impart greater risk for reoffending
Behaviour Disorders in Youth
• The Ontario Child Health Study (1987):
o 18% of children between 4-16 experienced conduct disorder, hyperactivity and/or
emotional disturbance