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Midterm 1 and 2

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Abigail Salole

Youth Justice: Chapter 1 18/09/2013 1:16:00 PM Study questions What is the difference between O’Malley and garland assertions re: modern penalty? What are some examples of changes in official discourses? What does the Gray and Salole article tell us about the local culture of punishment? Who does this local culture of punishment relate to ―volatile and contradictory‖ punishment (Garland)? Detected crime asks about victimization. Why would someone not report crime? Introduction: Toward Understanding Youth and Crime  Youth crime pervades popular consciousness.  The maximum sentence allowable under the Young Offenders Act was a sentence of three years for manslaughter. 1. First argumentation is that the way social problem is defined has profound implications for how individuals, groups, and social institutions react and respond to it. o There are ways various policies/practices such as—handling, management, or control of youth and youth crime—operate in conjunction with particular ways of knowing or discourses (ways of speaking) and sets of ideas.  The Youth Criminal Justice Act and its predecessor, the YOA, define youth as individuals between the age of 12 and 17.  Practices of governance (what is done in response to youth crime) and rationalities of governance (why it is done).  Social conditions should not obscure—the cultural, historical, political, and social context—under which youth make choices. o Conditions include but not limited to age, race, class, and gender inequalities.  Scholars have adopted the Marxian praxis that knowledge should simply exist for its own sake but should be used for social transformation.  Social justice praxis is aimed at addressing the systematic conditions of marginalization, exclusion, and social inequality that lead to the involvement of youth in crime in the first place.  Praxis of possibility: our task is to attend to the suffering of those about us and to open up the worlds of the possible beyond human misery.  Process of critical engagement requires a culture of sensitivity toward youth, based on respect of differences and empathy towards others.  Much of what is done about youth crime is media and politically driven. Media Discourse  Media discourse on the subject of youth crime can be categorized into 1) news and information and 2) entertainment.  The use of the term ―gang‖ to describe a group of youths involved in criminal activity and the increased attention on ―school violence‖ in the media misrepresents youth crime as mostly ―gang-related‖ and schools as increasingly unsafe.  Media discourse presents a one-sided conversation filled with images and messages about youth crime.  Agree with Baron ―explaining youth crime as an individual problem [as media discourse puts it] denies the structural (lack of recreational opportunities, being expelled from school, and growing up in an impoverished environment) and cultural barriers (feeling of hopelessness, lack of belonging, and lack of identity) that youths say contribute to their actions. Popular Discourse  Popular discourse refers to all that is said about a topic by members of a particular culture and society at any given historical moment. It involves two way interactive conversations. o Can be divided into two forms: gossip and urban legend. Urban legends usually involving graphic details of youth violence widely told as true stories.  Moral panic occurs when there is ―exaggerated attention, exaggerated events, distortion, and stereotyping.‖  The youth crime rate refers to ―all young persons aged 12 to 17 accused of committing a crime, whether they were formally charged by police or death with by other means such as a warning, caution, or referral to a diversionary program.‖  Media has fuelled lay arguments that the behaviour of girls are getting worse; however men rates are still three times higher.  Though youth crime has increased over time amoung all provinces except Quebec, property crimes have lowered; yet remain the highest crime committed by young offenders compared to violent crime etc.  What are the implications of these statistics? Media discourse exaggerates, sensationalizes, and decontextualizes by presenting atypical cases as representative and constructing a problematic image of youth that does not always correspond to actual behaviour. Both Troubling and Troubled Youth crime is a public issue and wider social problem. There are three heterogeneous groups: female youth, Aboriginal youth and street-involved youth. Youth are victims of crime in disproportionate numbers. Youth Justice: Chapter 2 18/09/2013 1:16:00 PM Chapter 2: Practices of Governance and Control: Theoretical Underpinnings  Prison reformers and justice officials (and, later, experts trained in the mental sciences) identified a particular group of youth (specifically, working-class male youth) as problematic.  Then in the late 1900s, debates about the problem of youth crime focused on the concept of punishable youth offender (unlike the Reformable youth offender) requires punishment first and foremost, leaving reform and rehabilitative interventions as secondary measures.  ―If we are tough on crime, if we punish crime, then [youth] get the message‖—is an intrusive punishment discourse that holds young people accountable for their criminal actions and applies more punitive sanctions.  Purpose of chapter is intro students to theoretical underpinnings: the assumptions, discourses, concepts, and implications—of various responses to youth crime is understood and thereby governed.  Every time we make a claim about a social problem, it is guided by the things we do not say. These are assumptions; preconceived understandings about how some aspect of the world works.  Sociology is a discipline about debunking—what Peter Berger described as looking beyond the obvious explanation, unpacking taken-for-granted assumptions, and searching for deeper meaning.  Sociological theorizing requires what C. Wright Mills (1959) called the sociological imagination. He described it as the ability to see the relationships between individual experiences (biography) and the larger society (history).  Canadian society is organized along lines of race, ethnicity, class, gender, and age. Race and ethnicity are used interchangeably but sociologically they are different; race refers to physical characteristics and ethnicity refers to nationality and language one speaks.  There are two broad paradigms that underlie sociological explanations of crime and delinquency: consensus and conflict.  A consensus approach is based on the assumption that agreement exists amoung members of society on matters related to youth crime and justice, which stems from shared beliefs, values and goals.  A conflict approach assumes that individuals and groups in society hold conflicting social, political, cultural, or economic interests, which often pit powerful groups against the marginalized.  Carol Smart’s engaged in a massive critique of mainstream criminology, her point was that criminology has an androcentric nature; that is, its male-centeredness. Women’s victimization could no longer be ignored and then feminist scholars started speaking about ―criminalized women‖ rather than ―criminal women.‖ o Concepts such as the sex-trade workers in Winnipeg, Regina, and Saskatchewan, who are poor young Aboriginal girls, and most professionals employed by the criminal justice system, are white, male, and middle-class. o In part to owing the feminist critique, socio-legal scholars ask many questions to examine criminalization (the process of making criminal) and consequences of criminal justice intervention, and attempts to demystify law and legal practices.  The three main theoretical perspectives to explain juvenile delinquency are social control, social learning, and strain theories.  Social construct is a label (the name and its meaning) given to a particular phenomenon in society.  Erving Goffman applied stigmatization of behaviour and identity. Stigmatization is the process of applying a stigma—a negative evaluation of difference—to an individual or group.  Why do young people commit delinquent acts? Strain theory: anomie (a state of normlessness) and socially accepted goals and aspirations (nice car and good home).  We try to provide a more critical understanding (i.e. way of theorizing) of how criminalized youth are constructed and governed by the authorized knowers of their day. Authorized knowers are those key individuals and groups whose claims are heard, who are granted the status of ―expert,‖ and whose arguments are taken seriously and acted upon.  A key concept in feminist theorizing, ―the other,‖ is illustrative in helping to make sense of the place that youthful offenders occupy in contemporary society. o The other is the disenfranchised, marginalized individual or group in society and their systematic exclusions—especially those disadvantaged in race, class, and gender terms.  Criminological knowledge is those knowledge claims about youth and crime upon which forms of social control and/or punishment are based. Classical theory: believed in deterrence was best modes of punishment, humans are self-seeking. Positivism: argues that criminality is determined—there is a cause-and- effect sequence. Philanthropic Elite: described through PPP—perfectibility, progressive, and products of the environment. The lower immigrant class need more assistance in the hierarchy of races.  Believed in perfectibility of both society and human nature. Products of environment: task of enabling juvenile delinquents to rise above their criminal lifestyles rather than their lower-class ranks.  Delinquent role models were not born but were made by the lack of schooling, disregard for religious influences, idleness, gangs, felonious peers, and parental neglect. Eugenics-Informed Psychiatry: translated as ―well born or good genes‖ and considered to be a product of inferior breeding and defective genes, it believed an intervention should be done to prevent the latter from reproducing. Medical psychologist experts under environmental explanations considered criminals defective or feeble-minded. Environmental Psychology: Viewed offender as malleable and therefore treatable. They believed that a child is born soft and the surroundings of the environment and it takes shape from its surroundings. Historical Period Criminological Authorized Social Control Knowledges Knowers and/or Punishment Pre- modern Classical Philosophers Adult-styled (18 thcentury) theories of governance, crime, deviance, retribution, and control deterrence, reformatories, Philanthropic Philanthropists detention Positivist knowledges and Psychiatrists centers theories of crime eugenics- (19 thcentury) informed psychiatry JDA- era Environmental Medical Juvenile court (Turn of 20 th psychology and authorities, Custody century) symbolic psychologists, Probation Positivism interactionism criminologists continued] Pre-YOA Labelling Psychologists Custody (To 1980s) theories rights Criminologists Diversionary [Critical discourse/ measures discourse] feminism YOA-YCJA Risk, critical, and Public Youth justice [Contemporary political psychologists, court custody, approaches] discourses criminologists risk assessment and community based. Interactionism: absorbed the notion of the social and converted it fully into a cause of crime, viewing the patterns and rates of crime as expressions of social disorganization. Labelling theory: theories that criticized the negative impact of the criminal justice processing on disenfranchised groups like African American, women and youth. Rights discourse: various groups lobbied for legal and social recognition for women, blacks, gays and lesbians, and other social groups. Counter discourses they argue must be developed to allow for more tolerant, respectful, and hospitable social relations. Social control: ―of the community by the community, of like-minded people by like-minded people.‖ Some opted for the term ―censure‖—categories of denunciation or abuse lodged within very complex, historically loaded practical conflicts and moral debates.‖ Youth at Risk  Generation X has given away to risk. The youth-at-risk discourse means that youth are particularly at risk for everything, including unwanted pregnancies, STDs, HIV/AIDS, motor vehicle injury and death, obesity, anorexia, drug addiction, and severe depression.  With individualization comes responsibilization; that is, new forms of responsibility are placed upon youth and their families to manage their risks.  Neo-liberalism: is a social, political, and economic regulatory system characterized by policies and programs around security, privatization, and ―risk.‖ In contrast, the discourse of neo-conservatism: cloaked in moralism, provides rationale for law and order and a crime control model based on harder punishments for offenders.  Criminogenic needs—factors that play a role in preventing offending.  Risk/need classification, then, leads to a security classification as well as the allocation of a particular level of treatment and supervision. The risk principle says that the criminal behaviour is predictable and treatments services must match the offender’s level of risk. The needs principle implies that targeting Criminogenic needs and providing treatment will reduce recidivism (re-offending).  Significant variables requiring intervention not related to recidivism, such as poor health, are deemed ―non-criminogenic needs.‖  ―Statistical artifact:‖ refers to the ―risk‖ that these assessments create.  Foucaultian conception of power: positive theory of power as power produces reality; it produced domains of object and rituals of truth.  Discipline: found operating at the smallest level of detail, at the intricacies of human movements through surveillance.  Governmentality: is the ―conduct of conduct‖; conduct denotes leading, directing, or guiding with some form of calculation about how it maybe accomplished (as opposed to forcing and repressing.) Youth Justice: Chapter 3 18/09/2013 1:16:00 PM Chapter 3: Responding to Youth Crime: Historical Origins of Juvenile Justice Legislation Juvenile courts: specialized courts hearing only youth cases.  Youthful deviants were government in much the same manner as adult offenders.  Juvenile Delinquents Act (JDA): this act was created because the youth became recognized to be treated differently with different laws, practices, and institutions. th  During the 19 century, social reformers—primarily upper-middle class business, political, and legal and male elites—began to question the wisdom of the dominant governance practice of adjudicating young people through a generalized system of punishment.  To a break from classical legal governance (a generalized system of adjudication and punishment) and a move toward modern legal governance (a particularized system based on knowledge of the offender rather than his or her criminal conduct).  Informal governance: such forms of social control as church disciple, shaming, and other community-based strategies, and remains in existence today.  The objectivist approach refers to when the adolescents’ antisocial behaviour and/or criminal conduct became dangerous to the broader society.  Social constructionist perspective: holds that juvenile delinquency becomes a problem when it is defined as such by social reformers (be they prominent individuals or social groups); it becomes a problem when it is labelled by authorized knowers.  European society viewed children as ―little adults‖ and made few social and cultural distinctions on the basis of age. Children were the same clothes as adults, got apprenticeships like them and learned trades and professions working alongside adults.  Childhood is a cultural artifact means that childhood is socially constructed and not biologically based.  To be considered a crime in a legal sense, two fundamental conditions must be met—actus Reus and mens rea.  That is an act that violates criminal law statues must take place and the individual whose behaviour contravened the law must have the mental capacity (or criminal intent) to fully appreciate the consequence of his or her conduct.  Exception of Doli incapax translated to incapable of wrongdoing, however, criminals over the age of 7 were treated as adults.  The classical legal approach reflected the twin goals of retribution (punishment deserved, ―an eye for an eye‖) and deterrence (preventing crime through threat or feat of punishment).  Because of the oppressive conditions of the Kingston Penitentiary interest in a particularistic knowledge concerning the special legal status of children began to grow. Children were the first inmates in this jail.  Brown Commission of 184 represented a move toward a new of thinking about legal governance of deviant children; that is, a new conceptualization of young people and their crimes and a correspond shift in how to respond to them. They commissions investigation found drunken staff, unsanitary conditions, and excessive discipline; they also found young children alongside adults. act for Establish Prisons for Young Persons, which allowed for reformatory prisons in upper/lower Canada, was passed.  Underlying these acts was a belief in the special status of children and the view that punishment must have a purpose greater than incapacitation (incarceration not for what people have done, but to prevent future harm), retribution, or deterrence.  Social Reform Movements: the upper-middle class reform movement put the working-class parents at the centre of youthful deviance problem; they saw immigration as the problem of juvenile deviance.  Ontario was the first to act on the lack of discipline for neglected children: The Act for the Protection and Reformation of Neglected Children was created as a response to remove wandering children off the streets of immigrants and newsboys etc.  Some supported schools while others supported reformatories. Reformatories were based on the idea that reformation (corrective rehabilitation-oriented practices) rather than punishment was the best anti-dote to crime.  The reform for boys was considered heavily compared to girls, however a ―girl problem‖ was now being considered due to inappropriate femininity—as demonstrated by staying out late with boys, involvement in the sex trade, or otherwise errant sexuality-warranted institutionalization.  Ideology of separate spheres: was the logic behind Langmuir’s efforts to establish a special reformatory for women. Some women were incarcerated for immorality—a euphemism for errant female sexuality.  Another type of institution emerged called refuges—offered not punishment but protection; that is, a safe, home-like atmosphere where working-class females could develop their moral character through lessons in femininity and domesticity offered voluntarily by upper-middle class Protestant women.  Pentanguishene Reformatory: first reformatories for boys; jail conditions and treatments were applied; referred to reformatories as school for crime; it was a fail.  The Industrial School Movement: industrial schools: which were reform-style institutions defined to offer training rather than punishment not only to young people who had committed crimes bout also to the deemed wayward or in danger of falling into criminality.  Victoria Industrial School for Boys closed down.  Alexandra Industrial School for Girls closed down.  Industrial schools were believed to be contributing to crime instead of prohibiting and reforming.  Social welfare state was created; distanced state unwilling to intervene in the affairs of private families.  Parens patriae: requires state to act ―on behalf of the child’s best interest‖ when parents are ill equipped to care and control them.  Ontario Children’s Protection Act: compulsory education, relocating the reformatory, controlling child immigration, after-care programs, and specific institutions for females.  Anti-institutional discourse: a new enthusiasm for community-based strategies like probation was pivotal in shaping new, modern legal governance.  Modern legal governance:  Particularistic—governance treats each case as unique;  Knowledge-based—the offender is a subject of knowledge and is investigated;  A dense interlocking system of social controls—the community, and not just the state, plays a key role in exercising control and surveillance over offenders.  On July 23, 1894, the Youthful Offenders Act was passed; it formalized the role of children’s aid societies and brought together a series of enactments dating to 1857.  The Juvenile Delinquents Act formally changed the way the misdeeds of young people were to be handled in Canada; it legislated a formal shift from classical to modernist governance, thereby ushering in a new era of juvenile justice that would last 76 years.  JDA defined a delinquent as ―any child who violates any provision of the Criminal Code or of any federal statute or provincial statue, or of any by- law or ordinance of any municipality or who is guilty of any similar form of vice, or who is liable by reason by any other act to be committed to an industrial school or juvenile reformatory under any federal or provincial statue.‖  Less retributive but more reformative.  Status offences: involved conduct that if undertaken by an adult would not incite legal action, such as drinking, gambling, truancy and promiscuity.  Names of offenders would not be published.  Intermediate sentencing: provided another means of discretion rather than fixed, it ensured that offenders were not released until they longer a threat to the public.  Law is a point of access for what Foucault calls ―techniques of normalization.‖  With the advent of the juvenile court, crime were no longer evaluated and sanctioned according to criminal law, but instead the individual and his or her social milieu were subject to intense scrutiny from probation officers, social workers, and a whole range of justice officials.  There was a ―dematerialization of the offence‖ which placed the juvenile delinquent at the heart of the investigation into his social condition, family life, education, and not into the crime.  With pervasiveness of welfare penalty, the once-rigid division between public and private that epitomized the classical retributive rationality of state and government had been almost entirely eroded—atleast for the working classes.  Probation marked the most important innovation in juvenile justice in the 20 thcentury. Youth Justice: Chapter 4 18/09/2013 1:16:00 PM Chapter 4: Legislating Youth Crime: From YOA to the YCJA  By being criminogenic, the YCJS actually contributed to rather than decreased youth crime.  If a label is not applied to criminal actions, they remain ―primary deviance‖ –the king of wayward behaviour that the vast majority of the public have engaged in at one time or another.  Labelling perspectives of crime and criminality had become increasingly popular in the period during which the report was commissioned, and had sparked the emergence of a discourse sanctioning divisionary programs. These programs channelled young people away from the formal YCJS to programs such as peer mediation for adolescents in conflict at school.  Lemert described as ―secondary deviance;‖ that is, when a young person comes to accept the label ―criminal‖ and continues to engage in the behaviour that conditioned it.  November 1970, federal government introduced Bill C-192 into Parliament; it died on governmental agenda two years later. There was much controversy as the Ontario minister of Correctional services disagreed.  The Juvenile Delinquents Act was widely criticized for the following reasons:  Informality of the court process  Reliance on indeterminate sentences  Provincial variation in age jurisdictions  Too ―soft‖ on some offenders, to ―hard‖ on others  Inclusion of status offences  Inconsistent application of law across the country  Tensions between social/child welfare concerns and legal principles  Little protection of juvenile offenders’ rights YOA was passed on May 17, 1982, after 14 years of debate and criticism of different rules from age to more rights given to the children/youth.  One of the unique features was the Declaration of Principles, which was intended to guide and implementation and provide advice on how to interpret the act’s sprit and philosophy.  The principles around which juvenile justice officials were to navigate included:  Crime prevention  Accountability and responsibility of young persons  Protection of society  Limited maturity and special needs of young people  The rehabilitation of young offenders  Restraint in the application of the law  Least possible interference with children’s freedom  Special guarantees of the rights and freedoms of the young persons  The primary responsibility for their children  There were many changes as people felt there was a lack of deterrence and young offenders who were young were taking advantage (laughing) that nothing could happen to them.  Maximum sentences for murder increased from 3 years to 5 years, and parole eligibility was cut from 10-25 years to 5-10 years. More bills were advocated for longer sentences and transfers to adult court.  Media created a perception that youth crime was out of control and youth offenders were becoming more dangerous.  The Youth Criminal Justice Act is based on an accountability framework that promotes consequences that are proportionate to the seriousness of the offence. More serious offenders could receive adult sentences or sentences of custody. Less serious offenders will be dealt through measure outside the court process or be subject to constructive community-based sentences or alternatives. The Act emphasizes that, in all cases, youth should face consequences that promote responsibility and accountability to the victim and the community and teach good values by helping the young person understand the effect of his or her actions.  The Liberals were promoting a bifurcated system—a two-pronged approach to youth wherein petty and non-serious offenders would be handled through community-based and diversionary programs while serious and violent offenders would be subject to more Carceral and punitive interventions.  More governance needed less government, youth criminals first time can be with communities rather than courts for petty crimes. Youth Justice: Chapter 5 18/09/2013 1:16:00 PM The YCJS Today  Claims  The YCJS operates against a backdrop of social inequality and powerful discourses of risk and governance.  The socio-political climate (institutions, discourse, practices) of youthful offending and victimization is volatile.  Diversity (in gender, race/ethnicity, and class) matter in the operation of youth justice.  A specific piece of legislation is only one factor involving in the criminal justice processing of young people who have broken the law. Law on the Books/Law in Practice  The law on the books—what the legislation actually says, does not always mirror the laws in practice—what actually happens when a young person is process though the YCJS  Discourses shape practice, and in turn practice shape discourse (Foucault)  Guiding Assumptions  Reid MacNevin identifies three levels that affect the implementation of social policy for young persons o Philosophy (as declared in legislation) {what} o (The translation of philosophy into) program goals and objectives {how} o Ideological orientation of the professionals responsible for delivering service to young people {who} o For any young person involved in the system, the people (who) who implement legislation (what_ and the procedures that govern the operation of the law (how) play a significant role in conditioning both the process and outcome of experience.  Government explicitly celebrates the role of communities in the youth justice process; The Strategy for Justice Renewal purports to achieve community safety through crime prevention and consequences that fit cries. States have been unloading their responsibility of keeping the youth intact to the community. Two Main Readings of Law  Law as neutral arbiter of social conflicts  Law as reproducing social (gender, race, class) inequality o Examples: Helen Osborne was an aboriginal student who was brutally murdered and beat with a screwdriver by 4 white men, but no one questioned them instead they focused on her friends, 2 aboriginal youths. Pamela George was a prostitute and was killed by white men because they were cleansing their white zone/community.  James Messerschmidt’s concept of structured action is one way to explore how and where law in practice is going, and the extent to which inequality intersects with law’s claim to be ―fair, equal and just‖ in the YCJS.  Like adult justice, the YCJS is adversarial; crown attorneys, defence lawyers, and judges are granted what Comack and Balfour call a ―power to criminalize.‖ They deal with ideology and discourse not only formal rules and procedures. Examining the Youth Criminal Justice Act: o How similar to YOA: • Applies to youth 12 to 17 • Separate court • Youth have right to counsel • Parents receive notice • Two levels of custody (secure & open) • Youth held separately from adults • Most YOA sentences maintained o YCJA places greater emphasis on • Both offence and offender: the young persons offending behaviour and he offender—the circumstances under which the youth’s choice was made. • ―Meaningful consequences‖ o How different from YOA: • The expansion of sentencing options and inclusions of principle of guide judicial discretion • The elimination of transfer of youth to adult court  Youth may receive ―adult sentence‖ in youth court  Examining the YCJA o YCJA has a three pronged approach • Crime prevention • Meaningful consequences • Reintegration • The act presumes that crime prevention and community can be best achieved through meaningful consequences, which are sanctions that reinforce respect for societal values and help offenders repair harm done to victims, and reintegration involves assisting a youth offender to adjust back into his or her community.  Assumptions Underlying the YCJA 1. Accountability: young persons should be held accountable and take responsibility for their crimes. 2. Proportionality: any response to youthful offending should be ―fair and proportionate;‖ that is, it should match the seriousness of the offence and recognize the offender’s level of maturity. 3. Bifurcation: violent and non-violent crimes are differentiated 4. Discretion: there is discretion at the police, Crown, and judicial levels guided by explicit principles; EJMs are encouraged, judges have sentencing options. 5. Community Participation: there are more opportunities for parent and community involvement 6. Role of Victims: there is more emphasis on harm to victims, repairing harm, and victim’s rights. 7. Special needs of Aboriginal Youth: there is greater recognition of unique circumstances for Aboriginal youth i. (i.e. what about systemic issues—poverty, racism, discrimination—in their life experiences?)  The YCJA made two additional changes to that impact how youth are processed through the system: 1) the expansion of sentencing options and inclusion of principles to guide judicial discretion, and 2) the elimination of transfer of youth to adult court.  Criminal Justice Processing o Encounters with the Police (Figure 5.1) Police o Majority of youth crime comes to the attention through complaints and have encountered police been never charged. Number of youth being charged is decreasing for minor offences like theft under $5000 and drug-related offences) o 6. (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in section 4, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the youth person, refer the young person to a program or agency in the community that may assist the young person not to commit offences.  Options o Issue a warning (formal or informal) to the young offender about behavior o Take the young person home for a talk with parents or guardians o Arresting and holding the youth in police custody (parent must be notified) o Taking the young person to the police station for questioning before releasing her/him o Writing up a report on the young person before release; o Charging the young person with an offence o Referring the young person to a diversionary program or youth justice committee o Holding the young person in detention (max 24h) for further judicial processing o Under YOA dramatic increases in formal charging of young offenders  S. 140 o Police authority to arrest modifies CC based on level of maturity o Arrest: ―constraint of a person’s freedom by physical coercion or the implication of possible coercion.‖ o Most of the time police need a warrant.  Legal factors affecting police discretion o Seriousness of crime o Prior police contact (regardless of whether or not it led to a charge)  Extralegal factors o Hard to separate o Race: YOC more likely to be arrested and have record… so no surprise. o Demeanour and Race: Expectations… 71% of police report youth demeanour is important.  Racial Profiling Debate o Racial profiling: exists when racial difference in law enforcement surveillance activities cannot be totally explained by racial differences in criminal activity or other legally relevant factors.  Known to Police (carding) o Carding ―street check program used to stop, question and document people—usually innocent of wrongdoing‖ o Toronto Star found disproportionate number of youth of colour- stopped information accumulated. o Class and Marginalization: high rate of criminalization of homeless youth o Age and Gender: women treated more leniently…but depend on the offence. Visher (1983) both found that police are reluctant to arrest female suspects who behave stereotypically female. o Family and Community: when parents are cooperative and interested a warning is more likely to be given. When there are services, police also have more options.  Police departments o High risk youth: youth with characteristics and/or living circumstances that are known to be criminogenic o Some police departments have risk management programs Extra-Judicial Measures and Sanctions o Measures are police or Crown-initiated alternatives to formal criminal justice processing • Should encourage young persons to repair harm done, involve the family and community, and provide victims with an opportunity to participate. o Sanctions are judge-initiated alternatives • YCJA gives legislative direction for police to rely less on formal court system and to use alternatives more often. o Advantages of EJMs:  Lower cost  Highly successful (or mutually beneficial) outcomes  Less intrusive  Offender avoids stigma of the CJS  Involves victims o Disadvantages of EJMs  Widening social control: adjudicating a youth whose behaviour would have likely been dealt with informally or outside the youth justice process  Erosion of due process: e.g. hyper-visibility (amplified presence) of Aboriginal youth suggests processing may be discriminatory.  Example about a boy named Mike, who was stereotyped as a youth criminal because many Indians his age look that way.  One of two things happens when a young person is arrested: the youth either is released or is sent to (pre-court) custody.  Remanding a youth to custody is more common in violent cases or if the youth has a history of violent crime. Encounters with the Court System o Role of the Crown o Crown Counsel may:  Go ahead with a criminal charge  Use EJS  Drop charge entirely a. Alternatives are possible when: a) substantial evidence; b) youth advised of right to counsel; c) youth accepts responsibility and volunteers  What may affect the Crown’s decision to refer a case to extra- judicial-sanctions?  The Crown provides a sentencing recommendation to the judge after a gui
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