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Sociology 2267A/B- Final Exam Guide - Comprehensive Notes for the exam ( 36 pages long!)


Department
Sociology
Course Code
SOC 2267A/B
Professor
Karen Kim Ashby
Study Guide
Final

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Western
Sociology 2267A/B
Final EXAM
STUDY GUIDE

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Juvenile justice before 1908
Doli incapax 'the incapacity to do wrong'
o Developed under English common law
o Child under the age of 7 deemed incapable of committing a criminal act
Extended to children between 7-13, but can be rebutted (sufficient intelligence and
experience to know they have done wrong, then they were treated as adult)
o Childre do’t hae etal apaity to do rog
Lack Mens Rea (guilty mind)
o Homunculus
Prior to 1908, means that kids aren't thought of as children, but small beings
Dressed same as adults
Upper canada (ON)
o Opened its first prison at Kingston in 1835 and
o 1839
6 boys between 12 and 15
24 boys between 16 and 20
10 year old boy committed, lashed 57 times for staring and laughing
o 1849
Brown commission report documenting a variety of serious problems
Patterns of delinquency
o New brunswichk: 1846-1857
Most of the 300 young people put in prison convicted of drunkenness, theft and
vagrancy (out without an adult watching over you)
o Toronto feb-dec 1847
39 teenage boys convicted for larceny, assault, trespass and disorderly conduct
o By the late 1860s
Much of the crime -minor in nature
Manifested in urban more than rural areas
Parents out working in factories, man and woman out working
Because there is only the beginnings of infrastructure, community, education,
there are kids on the street because parents are working (most dying before age
5), most on the street are males who get in to trouble (no supervision)
Girls are at home, doing housework
Boys committed crime more than girls
Common denominator young offenders was parental neglect
Neglect or necessity (labour laws created to push women out of factory)
Misguided hildre
Juvenile delinquency
o The legal term to describe violations of the law by persons who had not reached the legal
age of adulthood
o Came into popular usage in the 19th century
o Cult of domesticity: training young girls to be homemakers, while boys are out causing
trouble
o Most children charged with status offence: not an offence if an adult does it ex. Underage
drinking
Juvenile courts
o Specialized courts to apply juvenile justice laws in the case of dependent and delinquent
children
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The act of 1908
Juvenile delinquents act (first act in Canada regarding this)
o Philosophically grounded in the doctrine of parens patriae
The state could intervene as a 'kindly parent' in situations where a family could not
provide for the needs of its children
State takes over when parents cant/wont
Young person detained until hearing (shelters/detention homes)
If over age of 14 and charged for an indictable offence, they are moved to an
adult/ordinary court
Names of children and parents are not published
Bad eause e do’t ko hat happeed to the ad there as o
standardization
Good because more options for punishment, no convicted youth could be
placed with incarcerated adults
'every juvenile delinquent shall be treated, not as a criminal, but as a misdirected and
misguided child'
o Save the child movement -Kelso (WASP movement)
Middle class, conservative
Emily murphy (first female judge) was apart of this (also apart of eugenics)
Young offenders act (Bill C-61, 1981)
Justice and crime
Declaration of principle 3 (1)
o While young persons should not in all instances be held accountable in the same manner or
suffer the same consequences for their behaviour as adults, young persons who commit
offences should nonetheless bear responsibility for their contraventions
o Came into force april 2, 1984
Designed to remedy the shortcoming in the treatment of juvenile delinquents
o Particularly the issue of offenders rights
o Ended the paternalistic handling of delinquents
o One of the shortcomings: due processing, needed to have standardization so people operate
in the same manner
Rights and freedoms of juveniles
o Least restrictive of freedoms consistent with society, but being very well aware of the needs
of young persons
Criminal youth
Youth criminal justice system
o A term often used today as a substitute for juvenile courts
Argued that it indicates a shift toward treating young offenders more like adult
offenders
Misguided hildre…riial youth
Misguided children 1908
o Committed acts of juvenile delinquency best dealt with through juvenile courts
o Reformable young offender (term coined by Hogenveen: described construction of young
offenders as 'trouble' and they need intervention)
Criminal youth 1984
o Committed acts that are best dealt with through (youth) criminal justice system
o Punishable young offender
o More responsible, cant be treated as harshly as adults
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