March 19, 2012
Research paper: important when submitting paper that you are clear and confident about thesis
statement or research question. Make sure it‟s clear and a statement or research question that
you can address in the paper. Make sure that you position that statement early on in paper –
first paragraph. No later than first page.
Points you address should all address that thesis statement. Points that you feel might be
missing you should include them. If you have repeated yourself pay attention to that and make
sure that all of your paper is positioned in a logical way – one paragraph follows.
Not a problem if you want to use headings – one every couple of pages.
Make sure you properly cite material. If you say crime rates go up or down, males more than
females, should have a source. If talking about statistics try using stats can – Juristat articles or
Have you supported thesis statement? Evidence you include in paper should convince reader
your thesis statement is on track?
When moving from one topic to the other have some bridging sentences “now it‟s time to look at
Vary sentence lengths.
Don‟t use textbook but look for sources that she mentions.
Avoid “I think, I suppose, etc”
When commenting on policy implications: how does your research – is it critical of current
policy, is it supportive of it, etc – make sure you reflect there and make sure you are consistent
with what your paper argues and what you state in policy implications. May want to think of
future research/reflect upon this. (Policy implications no more than a page).
Media attention: draw from that is newspapers, television/electronic or print media – gives paper
some context. If reflected in media it means public probably knows about it.
Don‟t treat the media as a scholarly source. Don‟t use press as evidence to support your
argument unless it comes from stats Canada.
10 pages (can go onto 11 page if necessary), 12 pt. font. In bibliography make sure everything
is alphabetical and make sure pages are numbered, but not title page. Bibliography should only
include works cited (APA or Chicago).
Will be handed back last day of class, probably.
Youth and Corrections – third lecture looking at social reaction of youth crime, looking at
police, etc, next week looking at new alternatives for dealing with youth
YCJA and Custody: most traditional way youth have been dealt with.
How YCJA changed rules of custody compared to JDA/YOA. Looking at differences between
YOA and YCJA.
YCJA is really meant to use custody as last resort. Language used in the act is least restrictive
measures so custody obviously is the most restrictive measure. Custody is only supposed to be
used in last instance or severe cases. Looking at today, that is sort of happening to some
extent. Another thing to think about is the different punishment principles – come out strongest
under YCJA – crime control and rehabilitation, probably the most dominant ones that appear in
the act, in commentary and research that is looked at. One difference between YOA and YCJA, 2
it‟s more a change in language and practice. Under YOA two forms of custody, open and closed
custody. Open custody would be a custodial sentence where a young person could be sent to a
group home kind of environment where they are placed in a facility where there are no bars on
windows, no correctional officers, open sort of concept, where there are rules, regulations, etc
but it‟s not a jail whereas closed custody is a jail/prison, there are bars, and cells and
correctional officers. Now it‟s really provincial directors rather than courts under YCJA are more
involved in looking at different security levels young person could be placed, in past it was open
or closed custody. Now system is more regulated in terms of the security a young person may
place themselves in. It‟s sort of brought down to a level where more thought goes into it
compared to the past. Now we got this kid, this is what they‟ve done, this is their past, they have
been given custodial sentence, where should we put them? 3 general programs/places to put
people under YCJA:
- General which is where most kids end up
- Offence specific
- Offender specific
The latter two always mutually exclusive but they do make rationales for placing people/type of
crime they did or the kind of person that has committed the crime. Is this a person who is
troubled for example? Looking at offender profile opposed to offence profile. More thought today
going into where children should be placed.
Other conditions under YOA are conditional orders in community after custody. Young people in
past under JDA and YOA once released from custody, not often were they given much
supervision in community when they reentered the community. This has changed. Reason why
this has changed is cause research in Canada has shown, one of best predictors of a young
person reoffending is level of supervision after custody. Research has shown that if you
discharge young person who has no strong social supports, money or social capital, etc they will
drift into who they were hanging with before and get into trouble again so this supervised
„parole‟ is meant to reintegrate young person in community, in terms of education, housing and
employment – whose going to hire a 17 year old who has just been released from jail?
One of the more reasonable efforts is trying to get the young person back in school and if
possible reintegrating them with their family.
Does the kid have a learning disability, fetal alcohol syndrome (especially in aboriginal
community research shows a lot of aboriginal kids who get into contact with CJS have FAS).
A Statistical Profile –
One thing that has changed – getting into statistics to some degree is difference with youth who
are going to custody today for violent offences opposed to property offences.
Violent vs. Property in 98-99 (YOA) and 08 and 09 (five years after YCJA) – violence in ‟98 22%
of youth incarcerated for violent crimes, it is now 39%. Opposed to property, used to be 42%,
it‟s gone down now to 27%? Why is this happening? Could be due to redefining. Also turning
away more property offenders (being diverted) under YCJA, whereas under YOA may have
been getting more custodial sentences. Number of youth who are going to custody today for
neither violent nor property – kids given probation under YOA – going to jail for administrative
Provincial variation exists for these trends. For example in Quebec, custody is used less
frequently. The duration of custody in some provinces is relatively short whereas in other
provinces it‟s considerably longer.
Getting few younger people going to custody but what hasn‟t changed is until very recently
there‟s been this drop in sentence custody but there‟s been an increase in remand custody. 3
There are more young people today going to remand than was the case under YOA. Why is this
happening? Under what conditions can a judge or justice of peace put a young offender in
remand custody? Flight risk or going to go out and reoffend. There‟s been an increase in
remand the last few years – same thing going on with adult pop. Unclear as to why that is the
case. Maybe they are enforcing the conditions for remand, if you‟re out on bail and you do
things that are wrong and no one knows it, you go to your court date and your fine, if out on bail
before court date – on bail given conditions, can end up in remand if you don‟t follow those
conditions. So maybe it‟s because police are enforcing bail conditions more rigoursly now
compared to the past. One of the things about remand is, especially for young people, you are
not in there very long – 1% is there for more than 6 months. About half of them are released
within a week.
Under YCJA young person could be put into custody for set of circumstances, these include:
- Judge can put young person in custody if they have committed a serious violent offence
– armed robbery or aggravated assault, if those are the conviction then there‟s good
chance young person will end up in custody
- Failure to comply for a community sentence. In other words person was given probation
and they breached it under administrative reasons – could be sentenced to custody
- Commission of an offence for which an adult would be liable for prison for 2 years – if a
young person committed an offence that an adult would be liable for a 2yr. What does
that bring up? – No discretion, mandatory minimum. With more mandatory minimums for
adults under new legislation and this law stays the same then you‟ll get more young
people going to jail because of these mandatory minimums.
- History that indicates a pattern of findings of guilt – have some priors.
Most youth sent to custody in Canada under YCJA spent less than 6 months.
Females compared to Males and Aboriginals compared to Non-Aboriginals
Aboriginals are overrepresented.
Female vs. Male
Females are the minority in the youth justice system. If you look at females compared to males
in youth system. It‟s male dominated problem. The interesting thing is that when you compare
youth system to differences with women vs. men in adult system, 12% of all women
incarcerated 18 and older are in some custody facility, it‟s considerably lower than custody
levels for youth (17%). 13% of all remand adults are women compared to 21% girls, and for
adults 18% on probation are women whereas ¼ in the youth system are girls. Women in youth
system are more engaged