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Class 5 youth crime.doc

14 Pages

Course Code
PSYC 3402
Shelley Brown

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Class 5 – youth offenders • MIDTERM • 50 multiple choice, 1 mark each (50 marks) • 5 short answer questions, 5 marks each (25 marks) • Total out of 75 marks (but worth only 35% of your final grade) • Location: 360 Tory • TIME: 2 HOURS • ASSIGNMENT • Use CSC website (correctional plan) identify needs, use lecture notes from class • Only when talking about theories do you cite, but other than that don’t have to cite the case Boot camps…revisited (Mackenzie, Wilson and Kider (2001) • 44 samples—compared recidivism rates for boot camp participants to ‘regular’ corrections participants • Boot camp recidivism rate: 49.4% • Regular corrections recidivism rate: 50.0% • Effect size = non-existent (“0”) we need to look at confidence intervals and effect size. What is the margin of error Youth Justice Legislation in Canada • Juvenile Delinquents Act (JDA) 1908 – 1983 • Young Offender Act (YOA) 1984 - 2003 • Youth Criminal Justice Act (YCJA) April 1 , 2003 - present Juvenile Delinquents Act • Protectionist Orientation – …”not-yet-mature- beings in need of aid, encouragement, help and assistance….every juvenile delinquent shall be treated not as a criminal, but as a misdirected and misguided child” – Courts had complete control; misused – Criminal offences broadly defined – Indeterminate sentencing – age range: 7 to 15, sometimes 18 Main Criticisms of JDA • Began in the 60’s • Too much discretionary power afforded to legal system resulting in unfair sentences in the name of social welfare • Inconsistencies across provinces in sentencing • No basic legal rights—e.g., right to counsel Young Offender Act • Passed in 1982; came into effect in 1984 • More balanced orientation between protectionism and accountability; right to legal counsel • Introduced diversion programs • Age range: 12 – 17; ‘young offenders’ versus ‘juvenile delinquents’ • Determinant sentencing • Cases could still be sent to adult court if over 14 & serious • Youth not as accountable as adults Criticisms of YOA • Absence of clear principles thereby leading to disparity in application • Too much value on reintegration/rehabilitation versus protection of the public • Series of amendments—1986, 1992, 1995 – Longer sentences for murder – Some cases—reversal of onus of proof re: why they should not be tried in adult court • Increased the use of custody—Canada had the highest rate of youth incarceration in the Western world once Prelude to YCJA • About 80% of custodial sentences were for non-violent offences • Almost 50% of young persons whose most serious offences was fail to comply were sentenced to custody • Incarceration rate (age 12-17) was 10.5 per 1,000 or 1,050 per 100,000—actually than American rates • Considerable variability across provinces Youth Criminal Justice Act • Fairness in sentencing—proportionality becomes overarching sentencing principle • Diversion & restrictive use of custody key goals – Restricts use of custody for repeat/serious offenders only – Greater focus on extra-judicial measures • Adult sentences given in youth court only • Importance of gender, language and ethnic background explicitly mentioned • Role of community and victims larger • Less serious crimes kept out of court • Greater focus on prevention and reintegration to community 6 new sentencing options – ISSP; Intensive rehabilitation custody and supervision order (IRCS); community placement to follow ALL custody sentences Preamble • ….Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons” (Tusin & Lutes, 2008; p. 13) Extrajudicial [outside of the courts] measures-used by police and crown attorneys • Taking no further action • Informal police warnings • Police cautions • Police referrals to a program/agency in community • Crown caution program • Pre-charge screening program • Youth justice committees • Conferences • Extrajudicial sanctions (volunteer work, victim compensation) Stats& Facts: How do we define crime? • Method #1—Incidence of crime (crime rates) • Refers to the number of reported ‘crimes’ during a certain time period • This number is referred to as a rate or incidence • Usually expressed in relative terms • Canada’s youth homicide rate in 2009—3.08 per 100,000 youth (78 youth accused of homicide in 2009) (Beattie & Cotter, 2010) • ‘event-focused’ Method #2—Prevalence • Person-centered • Refers to the total number of people who engaged in a particular criminal act during a particular period • Typically expressed as a percentage – Lifetime prevalence rate of violent behaviours: 23% • 30% for boys • 15% for girls • (Savoie, 2007) Conclusion? • The rate of youth charges has decreased since 1991 • In 2003 there was a noticeable decrease in all major crime categories, in part due to diversion option from YCJA Most common youth crime seen in court is… OTHER = Absolute discharge, restitution, prohibition, seizure, forfeiture, compensation, essays, apologies, counselling and conditional discharge Putting it into Context: 2,500,000 Youth in Canada Developmental criminology • Refers to a cluster of theoretical perspectives focused on understanding : – the pattern of antisocial behaviour over the life course (descriptive) – how risk and protective factors have differential influences depending upon age – How life events influence delinquency over the life course 1. Age – Crime Curve Explanation? • Age effects – Movement through life-cycle (maturity, puberty) – Crime starts to go down after age 30 for the most part • Period effects – Historic changes affecting all individuals (availability of drugs) • Cohort effects – Affect all individuals of the same age who share a common experience (school?) • Normative – stay tuned—Moffitt’s adolescent limited offender 2. Understanding Risk Factors o A risk factor is a variable that if present poses an increased likelihood of an undesirable outcome such as delinquency or antisocial behaviour.  Cumulative effect of risk across time. At a given point in time, children are at greater risk of delinquency if they experience multiple risk factors than if they experience a single or no risk factors  There are multiple pathways to crime • Individual behaviours a. Temperament, neurological and biological factors (nutrition, pre/perinatal, head injury, physical abuse) b. Low cognitive ability (IQ or Educational achievement) c. History of antisocial behavior d. Aggressive behaviour before age 13 • Family history e. Living with criminal parents, harsh/inconsistent discipline, poor supervision, low parental involvement, poor-quality family relationships f. physical abuse and neglect, , family attitudes favourable to violence g. children who do not attach securely to their parents h. low socioeconomic status, large family size, parental mental health problems • School o Poor academic performance (elementary school), low commitment to school, low education aspirations o truancy • Peer i. Antisocial associates j. Gang membership • Community k. Poverty, criminogenic neighborhood 3. Correlates of crime change as a function of age Ages 6-11 – Prior offending – Substance use – Male gender – Low SES – Antisocial parent – Poor verbal ability – Hyperactivity Ages 12-14 – Delinquent peers – Lack of prosocial ties – Prior delinquent offenses 4. Individual Continuity - Rochester Youth Development Study (Thornberry et al. 2003) - 15% of sample accounted for 75% of violent offenses - Tremblay (2003) - longitudinal Canadian study - Proportion of children exhibiting chronic physical aggression was about 5% Crime Consistency • 10% of those with previous convictions were responsible for nearly 50% of offences (they were 2% of males, 1% of females) • 6-7.5% of sample were responsible for 61-63% of recorded offences Chronic Offenders Very few individuals account for the vast majority of offences….they are squished toward the left side of the curve 5. Pathways Explanation(Moffit, 1993) - Adolescent-limited or experimenter a. Majority of youth b. Rebellious c. Less serious acts - Life-course or persister d. Earlier onset (15 years or less) e. Behavioural problems start early in childhood f. More serious acts g. Lack skills to sustain prosocial alternatives to gain goals (respect, control, material things) Developmental course of LCP • Main characteristics: – Temporal stability • Early onset • Continues into adulthood – Cross-situational consistency • School, home, peers, etc – Serious crime • It’s rare, pathological • Poor prognosis AGE OF ONSET IS CRITICAL Etiology • LCP – Interaction of neuropsychological vulnerabilities and criminogenic environments – Maintenance – cumulative developmental forces are the underlying causal factors that account for continuity from childhood to adulthood • Poor predisposition…. • Family inadvertently exacerbates ‘at risk’ youth • Delinquency is further reinforced as they are rejected by prosocial peers; don’t have skills to do well in school • Vicious, self-perpetuating circle Understanding the developmental courses for the AL • Main characteristics: – Temporal instability • Onset typically coincides with puberty onset • Ends at the end of adolescence – Cross-situational inconsistency • School performance and home functioning OK; only trouble is with peers for example • It’s commonplace, normative • Crimes not as serious Etiology AL • Desire for adult privileges is stymied among physically maturing adolescents by prolonged childhood in modern societies • Delinquent behaviour seen as personal independence • Initial gain – possession of property, sexual activities, independence from parents • Revert back to previously acquired pro-social skills because delinquency is costly and they can achieve their goals more easily without it. Assessment - Under 12 years old o Behavioural problems identified at school, and psychological assessment may be recommended o Tools to assess may include intelligence tests and academic achievement tests, checklists to identify symptomology, play sessions, and structured intervies to assess for psychiatric diagnoses o Two primary types used with youth: – Identification of problem behaviour • externalizing behaviour (behavioural difficulties such as fighting bullying, lying etc. e.g., DSM diagnoses) (MORE DIFF. TO TREAT AND LAST LONGER) • internalizing behaviour (emotional difficulties such as anxiety, depression, obsessions e.g., MAYSI; Grisso & Barum, 2006) – Specialized risk assessments • YLS/CMI 2.0 (Youth Level of Service/Case management inventory) (Hoge & Andrews, 2011) • Standardized instrument including 42 item checklist in assessing risk of future violence, need for correctional programs to reduce future violence, and Responsivity factors that impact on case plan goals • Detailed survey of youth risk and needs factors is produced that can be used as a case plan. Includes 7 sections • Assessment of risk and need • Summary of ris and need factors • Assessment of other needs /special considerations • Assessment of clients general risk/needs level • Contact level • Case management plan • Case management review • SAVRY (Stuctured assessment of violent risk in youth)(Borum, Bartel, & Forth, 2002) • Used to make assessments and recommendations about the nature and degree of risk that a juvenile may impose for future violence. 24 risk factors and 6 protective factors considered • YASI (youth assessment and screening tool) (Orbis Partners, 2000) • assesses risk, needs and protective factors in youth populations • 10 domains • 1. Legal History • 2. Family • 3. School • 4. Community/Peers • 5. Alcohol/Drugs • 6. Mental Health • 7. Violence/Aggression • 8. Attitudes • 9. Skills • 10. Use of Free Time/Em
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