Textbook Notes (369,133)
Canada (162,403)
Psychology (3,337)
PSYC 3020 (97)
Dan Yarmey (94)
Chapter 12

Chapter 12.docx

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PSYC 3020
Dan Yarmey

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Chapter 12 – Assessment and Treatment of Young Offenders HISTORICAL VIEW th th - 17 /18 century Canada treats young offenders as adult offenders, no considerations given to how charged, sentenced, incarcerated - Treated just as adults were, stayed in same prisons, even death penalty was similar to that of adults. - Juvenile Delinquents Act (JDA)-1908: enacted b/c of previous disregard for youth offenders, applied to 7-16 (some places 18) years olds.  Called delinquents, not offenders b/c thought to commit acts of delinquency rather than offences  Separate court system created where proceedings informal b/c children misguided  JDA made possible to transfer child to adult court if case more serious, encouraged parents to get involved  Punishments included sending to industrial schools, adjournment w/o penalty, fines, probation, foster care  Minimum age of 7 set for when child could be charged with criminal offence  Judges had sentencing discretion and sentencing options increased  But JDA denied rights (i.e. rule to counsel, right to appeal, judges could impose open ended questions) - YOA took effect 1984: said youth responsible for actions, but acknowledged had different cognitive development than adults.  Youth should be given all rights stated in Canadian Charter of Rights  YOA allowed divert cases-meaning wont prosecute but have undergo community service program, but had to plead guilty  Youth had to be 12-18 years old, less than 12- dealt with child/family services  YOA also transferred youth to adult courts in serious cases if were at least 14  Other dispositions: offender receives no sentence, but guilty verdict given, fine, compensation/restitution to victim(s), community service, probation etc.  Or two types of custody placements: open- placing youth in community residential area, group home etc. or secure- incarcerating youth in prison facility - Changes made to YOA (1986) so that defendants stop pleading guilty to avoid adult court: Bill C106, section 16: required court to consider if Crown/defense wanted to make application and transfer to adult court  Changed again in 1995- 16\17 would go to adult court if charged murder, manslaughter, aggravated sexual assault, but are chances to remain in youth court st  Bill C37: 1 degree murder, 10 year max with 6 years max incarcerated. Second degree: 7 year max with 4 year max. incarcerated  Criticisms included that violent offences given light sentences & raising min age from 7 to 12 - April 1, 2003: Youth Criminal Justice Act (YCJA) REPLACED YOA; 3 main objectives: 1. Prevent youth crime 2. Provide meaningful consequences/encourage responsibility for behavior 3. Improve rehabilitation/reintegration of youth into community - YJCA wants youth to stay out trouble/prison, encourage police to consider extrajudicial measures: term applied to measures taken to keep young offenders out of court and out of custody ( e.g. – giving a warning or making referral for treatment) NAMING YOUTH - Under YCJA, name of youth can’t be reported to public, only under special circumstances:  Defendants b/w 14-17convicted serious, violent offences  If youth considered dangerous to public, photo can be published  If youth hasn’t been apprehended - Murder of Toronto youth, Stefanie Rengel in 2008: suspects names not released but users on Facebook posted who suspects were, police officials/ Facebook staff took it down but was later reposted, can be difficult to monitor that stuff - Sec 42 of YCJA says judges can give youth lecture/warning, intensive support/supervision order, make attend specific program, make serve time in community if imposed conditions met, and give intensive rehabilitation custody/supervision. - Process of transfer eliminated, but judge can impose adult sentencing if youth 14+ but must notify Crown before - Key issue is sentence must be proportionate to seriousness of offence - Under YJCA, victims to be informed and able to participate in court proceedings, access youth court records - Canada’s YJCA got recognition from two British researchers, praising for reduced crime rates, imprisoning fewer youth. Box 12.1- sex, text & Murder - 15 year old Melissa Todorovic, 17 yr David Bagshaw two teens in love w/ jealous, obsessive relationship, relationship lasted a few weeks, wasn’t sexual - Todorovic jealous of Bagshaw’s ex relationship w/ Stefanie Rengel, told Bagshaw if he didn’t kill her she would have sex with other guys - Bagshaw jealous, took kitchen knife from home, went to Stefanie’s telling her to come out and stabbed her 6 times, left her for dead. - Before going to Stefanies house, Todorovic and Bagshaw made calls to each other - After murder, Bagshaw went Todo’s house and had sex, that evening Bagshaw arrested. YOUTH CRIME RATES - Youth crime rates have been decreasing for past few years - Probation most frequent sentence ( from 2008-2009, 18012 youths on probation), this also stable in previous year - Youth in custody from 2003-2004, dropped 42% once YJCA introduced ASSESSMENT OF YOUNG OFFENDERS Assessing Those under Age 12 - Although not required, most Clinicians will get consent from parents, as youth can’t give consent - After parental consent, will get agreement from child - Youths behavior difficulties categorized as:  Internalizing problems: emotional difficulties such as anxiety, depression and obsessions experienced by a youth  Externalizing problems: Behavioural difficulties such as delinquency, fighting, bullying, lying or destructive behavior experienced by a youth - Externalizing more difficult to treat b/c long term persistence, mostly stable, peaks during teens and decrease late 20’s, more frequent for males, than females w/ 10:1 ratio - Internalizing can also co-occur, imp to assess as well - To assess externalizing, need to ask other informant b/c child might not be aware of it (i.e. parents, teachers etc.) should be looked at in developmental context. - 3 childhood psychiatric diagnoses occur w/ some frequency:  Attention deficit hyperactivity disorder: Disorder in youth characterized by persistent pattern of inattention and hyperactivity or impulsivity - Doesn’t appear to listen when spoken to, difficulty organizing, lose items, fidgets, talks excessively - To qualify for ADHD, # symptoms present, occur in two/more settings, persist for 6 months, child age taken to consideration, symptoms can be present in many children, part of normal development. - Many children w/ ADHD, also diagnosed with ODD, CD  Oppositional defiant disorder: disorder in youth characterized by persistent pattern of negativistic, hostile and defiant behavior - Loses temper, purposely annoys ppl, and vindictive, approx. 40% children diagnosed also develop CD.  Conduct disorder: disorder characterized by persistent pattern of behavior in which youth violates rights of others or age-appropriate societal norms or roles - Initiates physical fights, physically cruel to animals, sets fire, lies for gains, truant b4 age 13. - Approx 50% children diagnosed w/ antisocial personality disorder in adulthood ASSESSING THE ADOLESCENT - If behavior of adolescent brought to court, will be assessed w/o agreement of child, must asses risk for reoffending so risk to community reduced - Usually assessed with checklist of items that scored on scale, points summed up cut off for detaining/releasing young offender - Risk assessment takes in static factors (can’t change i.e. age) and dynamic factors (can change i.e. antisocial behavior), and history of offences, then total risk score obtained - If more relevant risk factors present, more likely youth reoffends - Harder to assess children than adults b/c don’t have years behind them of offences and behavior could be influenc
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