Textbook Notes (363,232)
Canada (158,276)
Criminology (610)
CRIM 210 (37)
Chapter 2

Crim 210 Chapter 2

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Simon Fraser University
CRIM 210
David Mac Alister

Chapter 2Creating a Juvenile Justice System Then and NowIntroductionjuvenile JS created as response to problems generated by emerging capitalism that undermined traditional family supportstwo problems resulted 1 growingof poor children on streets 92 higher levels of street crime committed by youthstreet crime generated fear made middle class regard poor working class as the dangerous classwas creation of Victorian reformers or child savers19thC middle class reformers who were instrumental in creation of separate JS for juvenilesthey thought delinquency was product of bad environments and state should act like parent to save childrenjuvie JS created via passage of JDAThe Canadian Juvenile Justice Systemtwo men credited w creating juvie JSJJ Kelso and WLScottKelso was reporting whose concern about plight of poor children became driving force for establishment of Toronto Humane Society etcbegan campaigns aimed at youth and delinquents out of institutions into foster homeswas backed up by childs court movementsChildrens Charter and CC allowed separate non public trials and custody for those under 1621SCott is a lawyer and drafted JDA which created JS for children and youth separate from adult systemJDA Philosophy and DefinitionsSection 31 of JDA states every juvie delinquent shall be treated not as a criminal but a misdirected and misguided child and one needing aid encouragement help and assistancecreated a welfare based juvenile JSmodel of juvie justice based on rehabilitative philosophymain philosophy of JDA was parens patriaedoctrine based on English Common law that give state power to take on guardianparenting role for childrento protect young people in need best interest principlebegan as kings prerogative became legitimized in commonstatutory lawyouth who broke law is not necessarily criminal but is named delinquent by courtdefined delinquency as violation of any law fed prov mun by persons under 16 may variate in provinces which fine or imprisonment was penalty OR any act that would hold em liableact revised in 1924 section 210 defines delinquent as any child who violates provinces of CC or statutesTable 21Different models of Juvenile Justice 0 refer to study guideJDA The Systemreferred delinquents as misdirectedmisguided and they need aid encouragement help and assistancegives court extensive powers cases were to be handled summarilyif offence was indictable serious offence w max sentence 2y then court can decide to try youth in adult courtconducted privately and notices of hearings had to be sent to parentsseparated detention and jail facilities mandated probationcentral element of juvie court involves supervision in community and set conditions that must be adheredpo conduct investigations and supervise children represent interest of childsome said that probation never lived up to its promiseonce labelled as delinquent youth remained wards of court till they were released or reached age of 21each province allowed to set up max age which youth would be adjudicated as delinquent 17 in BCseparate courtsjudgesfacilities was costly and sporadic as Scott envisioned women played major role in system as PO and judges due to nature and cheaper than menOpposition of JDAsaid to be not punitive enough or out of concerns of potential abuse of children and parents rightstoo lenientopposition based on pos ability to properly supervise delinquent children
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