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SOC310H5 (39)
Chapter Final

Chapter 5(Detaile Exam).docx

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University of Toronto Mississauga
Abigail Salole

Chapter 5 –The Operation of the Youth Criminal Justice System • What happens to young person as they are processed • Should the focus of the YCJS be on the offender, the offence, or the victim • Salient issues are related to police, the Crown, and judicial discretion • What position do young people occupy in the YJCS Introduction • Criminal Code, age 12-17 • Coordination between federal (Youth Criminal Justice Act) and provincial government • Reason behind separate justice system is that is it assumed that the young people have diminished capacity to understand the consequences of their behaviour, increased dependence, and less mature than adults • Socio-political culture: institutions, practices, and discourses Law on the Book/Law in Practice • 3 underlying assumptions to legislation o Philosophy (what) o Translation of that philosophy into program goals and objectives (how) o Ideological orientation of those responsible of delivering services (who) • Neo-liberalism, in addition to cutting funding in social programs, the governments downloaded responsibility for handling social issues to communities in the name “community involvement” Two Readings of Law • Comack & Balfour differential between two key readings of law “as fair and impartial arbiter of social inflict or as a site in society of the reproduction of gender, race (age) and class inequalities” • The legal world would have us believe that laws are neutral and objective systems for resolving social conflict (Naffine) • Social action is a method in which to explore the law in practice and its extent to inequality • Crown, attorney’s granted “power to criminalize” • Law is terrain on which discourse is practice and reproduce (discourse shapes practice and in turn, practice shape discourse) • Helen Osborned (1971) was an Aboriginal female that was assaulted by 4 white men, but the police didn’t investigate them and instead focused on detaining Aboriginal males and questioning tem • Class privileges, economic marginalization , racism enter then YCJS Examining the Youth Criminal Justice Act • The YOA lacked underlying philosophy and was basic guidelines • Box 5.1 (pp 92) philosophy of YCJA • Similarities b/w YOA & YCJA 1. Ages 12-17, separate court, right to counsel, parents receive notice, two levels of custody (secure and open), most YOA sentenced maintained • 3 approached of YCJA 1. Crime prevention; best achieved through meaningful sconsequences that reinforced respect for social values and aid in repairing damaged caused to victim 2. Reintegration: aiding offender in readjusting back into community • Professionals working under YJCA recognize both the offence and the offender (conditions under which the youth’s choice was made) • Box Process/Outcome of the YJCA (pp 91) • 7 underlying assumption of YJCA 1. Accountability 2. Proportionality: response to the offence should be fair 3. Bifuntion: violent and non-violent crimes are differentiated 4. Discretion: discretion (in hands of police, crown, etc. ) and should act based on explicit principles; extra judicial measure encouraged, and judges have more sentencing options 5. Community participation: opportunities for their involvement 6. Role of victim: more emphasis on harm to victim, and repairing and their rights 7. Special needs of Aboriginal Youth: greater recognition of unique circumstances of A. youth • On paper it recognizes that A. youth conditions are unique and require special protection ,but in practice it remains to be seen • 2 changes of processing through YJCA; 1. More sentencing options and includes principle of guide judicial discretion 2. Elimination of transferring youth to adult court • Youth may receive adult sentencing, but done in youth court • Box 5.2 (Supreme Court-A. Youth) pp 93 Criminal Justice Processing • Most youth offences go unnoticed, but those observed enter youth judicial system Encounters with Police • Figure 5.1 (pp94) • 1986-2002: many that encountered the police, never make it further as they aren’t charged • Reflects the YJCA to pursue alternatives to formal criminal justice system • Police have power to make referral (commu
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