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SOC 3710 (183)

The Youth Criminal Justice Act.docx

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SOC 3710
Bill O' Grady

Jan 22 The Youth Criminal Justice Act Why did YOA replace JDA The JDA oChanged the way in which young people were dealt with in the criminal justice system What accounts for these shifts in legislation oChanges in academic understanding of the nature of youth new discoveries and new understandings of what causes crime and how to respond to crime political realties of the time oPolitics play a huge role experts play a minimum role Key shiftthe language oUnder the JDA Acts of delinquency often do not represent acts of crime ie status offences Young people were conducive to rehabilitation oUnder the YOA These status offences were eliminated Young people were referred to as offendersMeaningful because it makes youth more accountable and responsible treating them more as adults 1960s oLegal objectsUnder the JDA youth were not considered legal objects seen as troubled children oTwo movements were occurring that led to the YOA oIn North Americaone key movement Civil Rights movement large role in gaining equality rights and womens rights oThe rights of children was being seen as something importantPROGRESSIVE MOVEMENT oThe rights of young people were being violated under the JDA because of their use of indeterminate sentences up to the discretion of the institutionObjecting to the subjective assessment of whether the young person should be releasedThough that the law should be given a greater role in determine the sentence that a youth was to receive oDenial of procedural rights The procedures that placed youth in custody were informal left to the discretion of the authoritieswere not advised of their legal rights ie right to a lawyer Young people should know what their rights are when they are arrested what should you expect when you go to court oAge range that a young person was deemed to be an offenderQuebec 1218 seen as a youth or a delinquent
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