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Final

Sociology 2267A/B Final: final exam review


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

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1
Historical overview and the social construction of youth problems
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 Childe do’t hae etal apait to do o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 hilde
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
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)
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2
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 because e do’t ko hat happeed to the ad thee as o stadadizatio
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 hilde…iial outh
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
Youth criminal justice act
Came into force on april 1 2003 (replacing the young offenders act)
Protect the public
o Hold youth accountable
o Promote rehabilitation and reintegration of youth back into society
Youth eeds to e held aoutale, ut takes i to aout that the do’t hae the sae leel of
maturity as adults
Prevent crime
Majority of youth crime involve non-violent activities
o “hopliftig, possessio of stole popet, eah of poatio, elatiel io assaults that do’t iole
bodily harm
Warnings:
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3
o Verbally (most effective at reducing recidivism= repeating the same crime), issuing a formal warning,
convene a conference to call together community partners for the purpose of making recommendations for
extra judicial measures
o Custody increases recidivism
Accused youth -'not charged'
o Most cases: administrative justice offence (like status offence)
Extrajudicial measures and sanctions
o Volunteer work
o Compensating or paying back the victim
o Attending a specialized program
o Can be applied where the young person take responsibility for the offense
When enacted:
o Contained sections providing for harsher, adult-like punishment of violent young offenders
o Restricting the use of custody sentences for youth convicted on non-violent crimes
Bifurcated youth justice system
o 2 pronged
o First time, less serious offenders (hold your hand) vs. increased punitive responses for serious repeat
offenders (more punitive)
Omnibus Bill C-10, 2012
Adulteration
o The dismantling of a distinct system of criminal justice for youth and the re-merging with systems of justice
for adults
Getting 'tough on crime'
And youth offenders -why?
Moral panic
o Exaggerated fears about social problems, including youth deviance, partly generated by the media
Youth accused rate =youth crime rate (rate is based on accused not charged)
o Cant compare to CSI (because those have been charged and convicted)
The superpredator scare
From 84-94
Moral and political panic was problematic
80% of repeat youth offenders were living with either a mental/emotional/physical disability that was not being
addressed
Number 1 factor in commission of offence: drugs (but there are MULTIPLE factors)
Dynamic factors =can be changed
o Bored, frustrated, hanging with bad kids
Static factors =cant be changed/hard to change
o Individual characteristics that you are born with (ascribed): impulsivity, low empathy, poor internalized
norms
RNR
RNR model -risk need responsibility
o Model used fro everyone who is convicted and subsequently incarcerated
o Looks at risk of re-offending, targets specific criminogenic needs
o Addresses unique learning style and capability to learn
o This model can reduce recidivism by 30%
Kids are very resilient
o Can help them by fostering positive adult interactions to help reduce toxicity found while being incarcerated
Kids need to be provided with protective factors
Balance dynamic security with static security approaches
o Dynamic =building positive relationships with adult
o Static =reducing the physical barriers and surveillance because kids are negatively reactive to that
UN: Kids less than 18 should participate fully in decisions about their lives when they engage in criminal offences
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