Sociology 2267A/B Lecture Notes - Restorative Justice

41 views2 pages
Published on 20 Apr 2013
School
Western University
Department
Sociology
Course
Sociology 2267A/B
Key Challenges in Youth Justice
Introduction: - has been positive development in juvenile justice policy field (still challenges ahead)
- what is most appropriate means of intervening in lives of troubled youth?
Legal Regulation: - law that regulates criminal conduct for children/youth = based on binary system,
where state focuses on protection of child until they reach “age of majority” (adulthood)
- problem with binary system: no way to include evolving capacities of children as they mature
in adolescences (immature children vs. competent adults)
- youth justice: separate/distinct criminal justice system that explicitly meets unique needs of young
people
- best interest of children doctrine appears to be in direct opposition to increasing trend towards
adulteration of youth crime through world
- best interest: interest of youth = paramount in decisions making regarding his/her
experience in CJS
- adulteration: dismantling of distinct system of CJ for youth and remerging with systems for
adults (leads to increase level of processing to youth in CJS)
Codification of Separate System of Youth Justice in Canada: - interaction treaties/conventions
bearing on legal rights to children/youth that Canada has agreed to:
- Beijing Rules (1985): includes recognition of special need, custody should be last resort, and
that proceeding should be anonymous to protect child from lifelong stigma or labelling
- UN conventions of Right of Children focuses on same idea (reintegration of youth in
society)
- with YCJA, Canada now has explicitly domestic law which states that there should be
separate justice system fro youth/adults
- therefore meets international obligations
Diverting Children: - shift in thinking:
- “child saving” movement
- “best interests” doctrine
- “care” vs. “control” argument
- rehabilitation reintegration back into society
- less focus on custodial sanctions
- diversion make an impression on them
- today, YCJA = vulnerable to threats that can undermine success it has achieved to data; in
particular potential negative effects of Bill C-10 (safe streets/communities act)
- Bill toughens penalties for youth, making it more likely to increase number of youth in custody
Challenges Faced by Youth with Highly Complex Needs: - research indicates youth who are involved
in YJS have significantly more mental-health/substance-abuse problems compared to other youth
- other factors: family, school, community (more or less risk of involvement)
- understanding correlation between mental-health disorders and youth crime, and then targeting
disorder through treatment may reduce likelihood recidivism (theory of therapy jurisprudence)
What Does Not Work? take into factors like community/school/family/individual
- multiple risk factors (cumulative), make it difficult to untangle effects of individual risk factors
- consider effectiveness of any programs (one size fits all)
- look at social context individual personal/skill development outcomes
- not all children exposed to multiple risk factors become offender (individual level
characteristics)
Unlock document

This preview shows half of the first page of the document.
Unlock all 2 pages and 3 million more documents.

Already have an account? Log in

Document Summary

Introduction: - has been positive development in juvenile justice policy field (still challenges ahead) Legal regulation: - law that regulates criminal conduct for children/youth = based on binary system, where state focuses on protection of child until they reach age of majority (adulthood) Problem with binary system: no way to include evolving capacities of children as they mature in adolescences (immature children vs. competent adults) Youth justice: separate/distinct criminal justice system that explicitly meets unique needs of young people. Best interest of children doctrine appears to be in direct opposition to increasing trend towards adulteration of youth crime through world. Best interest: interest of youth = paramount in decisions making regarding his/her experience in cjs. Adulteration: dismantling of distinct system of cj for youth and remerging with systems for adults (leads to increase level of processing to youth in cjs)

Get OneClass Grade+

Unlimited access to all notes and study guides.

YearlyMost Popular
75% OFF
$9.98/m
Monthly
$39.98/m
Single doc
$39.98

or

You will be charged $119.76 upfront and auto renewed at the end of each cycle. You may cancel anytime under Payment Settings. For more information, see our Terms and Privacy.
Payments are encrypted using 256-bit SSL. Powered by Stripe.