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David Brownfield

SOC307 CrimeDelinquency Lecture NotesWeek One January052011Delinquency o Much of delinquency involves the violation of social rules or moralitynot just the violations of legal rules o Youth courts have historically had jurisdiction over dependent and neglected children o 1894 Childrens Court established in Toronto branch of adult court first of its kind in North Americao Childrens Protection Act passed in 1893 intent to remove children entirely from adult court o Provinces do not have jurisdiction over criminal law matters separate dominion act required and it was passed in 1894o Legislation intent of 18931894 aw was to 1 Establish a private court 2 Create a social welfare agency 3 Expand legal jurisdiction over children abuse caseso Three stages preceded formal legislation on delinquency in 1908 o 1 Reformatory stage replaced imprisonment in jails that also detained adult offenders 1880s o 2 Industrial Schools more treatment focused late 1880s1890s o 3 18901910 probation displaces incarceration especially among young offenders o Shift away from a welfare system and more towards a criminal justice systemo Culture distinguishes humans from animalsaccording to anthropologists o Culture consists of symbolic elements that can be passed on fromone generation to the nexto Most rules in society are not written verbal expressions of how to behavesocial manners o Rules help facilitate our behaviour Ex Division of labour of family or in the school o Each of us have to tolerate ambiguity and uncertaintyo Without rules most organizations like the family would not be bale to accomplish their duties and goalsEnforcement of Ruleso The Juvenile court is itself an example of the decline of customtrend to relay more on formal written rules Ex Family church and neighborhood argued to be on the declineo Retribution and revengeo Seek out to punish through a formal institution treatment approach are being rejected by youth courtso Imprisonment does not deter crime but more likely for individuals to engage in crime o Criticized now for being to lenientLaws on Delinquencyo Jurisdiction of first juvenile courts was very broad and sweeping covered all children 16 and younger for nearly any kind of troublesome behaviour o Fox argued that first laws on juvenile delinquency were a byproduct of a political movement fir increase the use of probation o David Bakan describes the advent of the juvenile court was another effort to create a new social category of adolescentstho Childhood social invention in early 15 century children were not distinguished as a separate categoryo Adolescentssocial creation prolonging childhood in to adolescentsindustrial growtho Compulsory education laws came in placeo Reformers did not see the difference between children from poor neighborhoods and delinquents o Standing ability to rep your self in court independent of adults children had no legal standing in courto Courts can now directly intervene with abusive parents without the the consent of parents or guardianso Runaway o Violate any law or ordinance o Rude obscene and vulgar languageo Truancyo Associate with known offenders o Incorrigibleo Selfinjurieso Obnibus clauseo Growing up in idles or crime in danger of living an immoral life o Distinctions between adult criminal and delinquents o Age o Less responsibilityo Emphasis on youth background not the offence o Emphasis on treatment vs punishmento Less due process in juvenile courts o Due process model and crime control model JDA 1908 o Federal government passed low in 1908 intent to establish juvenile court as a surrogate parent
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