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SOC 3750 (50)
Chapter 15

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SOC 3750
Bill O' Grady

Chapter 15 Juvenile Justice and Restorative Justice: Reflecting on developments in British Columbia  taking responsibility - a report authored by the house of commons justice committee recommending the use and evaluation of restorative justice - occurred over 20 years ago  recommendation 19 - federal government support the expansion and evaluation of victim- offender reconciliation programs (VORP)- process in which a trained mediator, often a volunteer, brings offenders and victims in a criminal event together to achieve a resolution that is satisfactory to both parties- - at all stages of the criminal justice process - that provide substantial support to victims through effective victim services, and encourage a high degree of community participation  Canada became the first country in the world to include restorative justice (RJ) - conceptualized in many ways - encounter, reparative, and transformative - RJ is a theory of justice that emphasizes repairing the harm caused or revealed by unjust behaviour - restoration is best accomplished through inclusive and cooperative processes  still remains on the margins of the justice system Juvenile Justice Legislation: social control to "off Ramps"  specific restorative justice values that may be seen to underlie the legislation include:  Societal responsibility to address developmental challenges and needs of young persons in order to guide them into adulthood  communities and families should work in partnership through multidisciplinary approaches to address crime prevention by addressing its underlying causes, providing guidance, and support to young persons, particularly those at risk  information regarding youth justice, crime, and measures should be made available to the public  young people have rights  youth criminal justice system should command respect, and take into account the interests of victims  youth justice system should foster responsibility and ensure accountability through meaningful consequences  serious interventions for the most serious crimes - reduce the over-reliance on incarceration  not direct reference to restorative justice but there is obvious elements  Under section 5 - the YCJA directs that extrajudicial measures must:  encourage the acknowledgement and reparation of harm to the victim and community  encourage families, including extended families, of young persons and the community to become involved in the design and implementation of those measures  provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation  conferences were included in the YCJA but not the YOA  family group conferencing: a process of collaborative planning in situations where decisions need to be made for children or youth - it is a formal meeting where members of a child or youths immediate family come together with extended kin and members  sentencing circles - invite members of the community to join, judge., prosecute, defense counsel, police, social service providers, community elders along with the offender, the victim, and their families and supporters to meet in a circle to discuss the offence, factors that may have contributed to it, sentencing options, and ways of reintegrating the offender in the community  decline in youth being charged by the police  off ramps - ways to divert youth out of custody - referring to extrajudicial measures and the like  programs are widely used when endorsed by the Attorney General  the legislative changes are not enough - need to provide more support The Development of Restorative Justice in BC: the intersection of three practices Victim-Offender Reconciliation Programs  restorative justice movement in Canada traces to Elmira Ontario - landmark juvenile case 1974- which launched the Kitchener Experiment - where 2 young men destroyed the property of 22 victims  they were made to go and speak with their victims - was deemed effective - probation officer Yantzi suggested it - was the beginning of Kitchener's victim-offender reconciliation program  the interest of the program spread to Langley, in the Fraser Valley of BC  Gustafson received BC's first victim-offender reconciliation program in 1982 - with funding support from the Mennonite fellowship  after receiving alternative measures contract from the government, the Fraser Valley Community Justice Initiatives (FVCJI) was formed to operate VORP  2002- provincial funding was cut for adults - left just juveniles  the FVCJI's funding for juveniles ended in 2004 - with it came the end of VORP in BC  through the building of local partnerships, the FVCJI developed a new structure, and developed Restorative Youth Services to replace VORP  VORP was fully realized in the US - Indiana in 1978 - Zehr (another Mennonite) - than spread across the country  generally, out of the data in the states between 1983-2009 - as compared with juveniles not participating in the program, juveniles in VORPs paid more restitution and were less likely to re- offend, and that VORP participants (both victims and offenders) were satisfied with the program  about 300 programs existed for VORP in the US in 1988 Sentencing/ Peacemaking circles  widely understood in the 1980s and 1990s that aboriginals were overrepresented  Judge Stuart of the Yukon Territorial Court adjourned a case - R. v. Moses (1992) - who pled guilty to carrying a baseball bat with intent of assaulting a police officer - and convened the first sentencing circle - drawing on traditional Aboriginal practice in the Yukon Territory  since then, sentenci
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