Textbook Notes (368,245)
Canada (161,733)
Psychology (3,337)
PSYC 3020 (97)
Dan Yarmey (94)
Chapter 12

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Department
Psychology
Course
PSYC 3020
Professor
Dan Yarmey
Semester
Winter

Description
Chapter 12: Assessment and Treatment of Young Offenders -Legislation has changed over the years in an attempt to accommodate the needs of adolescents (younger than 18; older than 12). -It is critical to consider the development paths to youthful offending in order to prevent/rehabilitate. -Criminal acts done by those younger than 12 years old are processed through family/social service agencies. -The Juvenile Delinquents Act (JDA) was passed in 1908 so that young offenders could receive proper treatment. (Applies from 7-16 years old). -They were now referred to as delinquents instead of offenders and they committed “acts of delinquency” as opposed to “criminal offences”. -Unless very serious, delinquents had their own court which was more informal in order to focus on youth guidance. Key JDA Changes to Canadian Criminal Justice 1) Separate court system established 2) Minimum age set for when a child could be charge criminally (7) 3) Judges had sentencing discretion as well as more sentencing options. 4) Parents encouraged to be part of judicial process. -Youth could be denied rights and services since the trial was informal and this was a flaw in this new act. -1984: JDA was replaced with the Young Offenders Act (YOA). -Youth were now separate from adults and this was recognized due to different levels of cognitive development; however, they were also held more responsible for their actions. -Level of accountability and consequence of behavior were big determining factors. -12-18 was the new age range for being charged criminally as well as youth courts still remaining intact along with possible adult trial based on crime severity (required to be 14 years old). -If young offender pleaded guilty, there was a chance of a community service program. -Other dispositions available: absolute discharge (no sentence possible besides guilty), fine, compensation, victim restitution, probation, and custody. -2 types of custody: open (group home) or closed (incarceration). A number of amendments have been made to the YOA: 1) Bill C-106 section 16 (1986): Youth court is required to consider whether the Crown or defense would like to transfer case to adult court. 1.1) This amendment was introduced to address the problem of defendants pleading guilty to avoid transfer. 2) Bill C-37 changed section 16 once again in 1995 meaning that 16 and 17 year olds charged with murder, manslaughter, or sexual assault would go to adult court. 2.1) These cases could stay in youth court if they felt the objectives of reconciliation and public protection could be reconciled. 2.2) Sentences for youth also changed under this bill. 2.3) First-degree murder had a 10-year max with 6 served in incarceration. 2.4) Second-degree murder had a 7-year max with 4 served in incarceration. -A major criticism was light sentencing for serious violent offences. Some also criticized the new minimum age of 12 and the arbitrariness with how cases were handled. -April 1 , 2003: YOA replaced by the Youth Criminal Justice Act (YCJA) 3 Main Objectives of This New Act: 1) Prevent youth crime 2) Provide meaningful consequences to encourage behavior responsibility. 3) Improve rehab and reintegration of youth into the community. -It focuses more on extrajudicial measures that work to keep children out of court and custody. -Youth identity is protected until 17 unless it’s a murder and the suspect is considered dangerous. -YCJA’s privacy clause was put to the test when 14-year-old Stefanie Rengel of Toronto was killed. Within a few hours, the names of the victim and the two criminals were all over Facebook. -Sentencing options have once again increased under the YCJA. Judges can now reprimand (warn youth), intensive support/supervision order, attendance order (youth must attend specific program), deferred custody and supervision order (youth can serve sentence in community if certain conditions are met), and an intensive rehabilitative custody and supervision order (youth in custody receive intensive services and supervision). -The Crown can now also notify the youth court that it will be seeking adult sentencing and young offenders can receive it if necessary. There is no more transferring anymore. Must be 14 years old. -Crimes committed by youth (including violent offences) have been decreasing for the last few years with probation being the most frequent sentence. -Between 2008-2009, there was consistently 18,000 youth on probation no matter what time of the year it was. -From when the YCJA was introduced in 2003, 42% of custodies went down due to the probation increase. -Clinicians will seek parental permission before conducting an assessment on a child or adolescent. This isn’t a strict law but is done most of the time out of courtesy. -2 types of problems: Internalizing problems are emotional difficulties (stress, depression, etc.) while externalizing problems included fighting, bullying, etc. Externalizing considered harder to treat. Externalizing Disorders: -Symptoms peek in teen years but are otherwise pretty stable. -10 males to every 1 female have externalizing disorders. Important that behavior is viewed through a developmental context. 3 Psychiatric Diagnoses occur with some frequency in young offenders: 1) ADHD- persistent inattention, hyperactivity, impulsivity. 2) Oppositional Defiant Disorder: negative, hostile, defiant. 3) Conduct Disorder: Violating rights of others or age appropriate societal norms. -40% of children with ODD develop CD. 50% of children meeting CD criteria have antisocial personality disorder when older. Assessing the Adolescent -If an adolescent’s antisocial behavior receives court attention, consent to assess may not matter as the suspect needs to be evaluated in order to predict if they will re-offend. -Assessing a young offender’s risk can require a checklist where items are scored on a scale, points ar
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