CRIM 210 Chapter Notes - Chapter 2: Young Offenders Act, Restorative Justice, Emily Murphy
8 May 2018
School
Department
Course
Professor
Chapter 2 – Creating a Juvenile Justice System: Then and Now
Introduction
- Juvenile Justice System was created as a response to problems generated by an
emerging system of capitalism that served to undermine traditional family supports
- The two problems were street crimes and poor children on the streets
- The Canadian Juvenile Delinquents Act was created in 1908
The Canadian Juvenile Justice System
- JJ Kelso and WL Scott Kelso created the juvenile justice system after seeing all the poor
children
- Children under 16 had separate trails and 21
JDA Philosophy and Definitions
- The JDA created a WELFARE-BASED JUVENILE JUSTICE SYSTEM (main philosophy)
o 18th century it was parens patriae
o 19th century to state and to children without property who were orphaned
o The numerous acts protecting young people were reinforced by the parens
patraie… a dotrie hih as a kig’s prerogatie had eoe a legitiized
i oo ad statutor la
o JDA defined delinquency as violation by young persons of federal, provincial and
municipal law
JDA: The System
- JDA gave extensive powers to the courts
- If it was indictable courts decided whether it was tried under adult or not
- The JDA ould sed the hild to foster are, to a shool or ee hildre’s aid society
- Probation was a central element of the juvenile court, probation officer playing a key
role
- The probation officer could conduct investigations, responsible for supervising children
at home, at school where ever. Woman mostly did these jobs
- It was quite pricey though b/c they had to pay all these different types of people
- Newfoundland never did implement JDA but had juvenile courts
- First juvenile court in Winnipeg
- Gregory MacGill was a youth court judge (bc) and Emily Murphy was a first judge
(alberta)
Opposition to the JDA
- People opposed ill / it as’t puitie eough or potetial auses of rights
- Two police officials and two court magistrates were the most opposed
o Fear of job loss and fear of preverts and delinquents
o Denied right to trial
Modifying the Juvenile Justice System
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 2 creating a juvenile justice system: then and now. Juvenile justice system was created as a response to problems generated by an emerging system of capitalism that served to undermine traditional family supports. The two problems were street crimes and poor children on the streets. The canadian juvenile delinquents act was created in 1908. Jj kelso and wl scott kelso created the juvenile justice system after seeing all the poor children. Children under 16 had separate trails and 21. If it was indictable courts decided whether it was tried under adult or not. The jda (cid:272)ould se(cid:374)d the (cid:272)hild to foster (cid:272)are, to a s(cid:272)hool or e(cid:448)e(cid:374) (cid:272)hildre(cid:374)"s aid society. Probation was a central element of the juvenile court, probation officer playing a key role. The probation officer could conduct investigations, responsible for supervising children at home, at school where ever. It was quite pricey though b/c they had to pay all these different types of people.
