TExtbook Chap 1-3WDW 370H.docx

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Woodsworth College Courses
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Sandra Bucerius

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Midterm notes WDW 370H Chapter 1 Canada has seen three different regimes: JDA (juvenile delinquency act- 1908), YOA (Young offenders act- 1984), YCJA (Youth criminal justice act- 2002) System of child welfare erode and replaced by a more legalistic and punitive system In Canada shift between two discourse [reformable young offender youth is troubled and in need of intervention in the hope they can rehabilitated] and [punishable young offenders youth is troublesome and therefore requiring punishment in order to make them accountable for their criminal acts] There are important historical, cultural, and political differences that make Canadas current approach to youth justice unique From little adults to misguided children: the meaning of childhood has changes over time and it is connected to the early development of the childhood welfare model juvenile justice systems in the late 19 and early 20 century. Aries research [17 century, few distinction made on the basis of age and young people fully integrated into the mainstream social life] Critique: research flawed Before the creation of delinquency legislation for juvenile court: Juvenile delinquency first used in 18 century to describe violations of the law by persons below the communitys legal age of adulthood Not true that prior to the devolvement of juvenile courts young offenders were dealt with in exactly the same way as adult offenders but clear changes in the way they were treated did occur. Common features shared by early juvenile systems of child welfare models: The law commonly acknowledge that there were three distinct age-graded levels of criminal accountability formally premised on the concept of diminished criminal responsibility [not held fully responsible for their criminal behavior] Based on the principal of parens patriae the state has a duty to intervene and assume the role of substitute parent in the case of delinquent or dependent children Belief that juvenile delinquents should be viewed as misguided children and treated with friendly helpfulness Invention of juvenile courts in the US: state of Illinois was arguably the first jurisdiction where a juvenile system was crated based explicitly on a child-welfare model Study of Illinois and Chicago show juvenile court came about as a result of the child-saving movement [an ideologically conservative movement that was influenced in particular by ideas associated with social Darwinism and European positivism] Platt Look at power of ides and rhetoric of social reformers involved in the late 19 century [innovation in the welfare and juvenile justice were also occurring the adult system and marked by major divide in the attitude toward the deviant and new ideas to combat crime, delinquency and mental illness] Rothman Term adolescence introduced and refers to the stage of life during which a person progresses both psychologically and emotionally from being a child to an adult. [Several causes of delinquency were identifies, and mostly environmental] Hall Juvenile reform in other Western Countries: there was an international dynamic reform in 19 century, but the age of who came under the juvenile justice system varied between countries and provinces JDA: Canadas first juvenile delinquency legislation enacted in 1908 until 1984 [provinces were allowed to set there own age and differed for males and females In England and Wales, the original juvenile act was primarily a court with modified procedural arrangement which in part recognized the immaturity of youth Origins of JDA and reform in Canada: the enactment of JDA put emphasis on probation and defined well the types of delinquent and dependent children who came under the jurisdiction of the legislation Delinquent any child who violates any provision of the criminal code for which any punishment may be awarded, and who commit sexual immorality or any similar vice Status offences offences where youth can be found guilty simply because they are underage. Children were committed to industrial or training schools. Judges and correctional officials sentenced children to indeterminate sentences [sentence of incarceration that have no fixed expiration date can be held in custody until he or she is deemed by correctional officials either to be rehabilitated or to no longer pose a threat to society In the JDA the child welfare system was reflect in the informal nature of proceedings in juvenile courts. Courts were developed unevenly and along with the cutoff age, there were variations in applying the legislation across provinces YOA introduced in 1984 [guaranteed the right to obtain and instruct legal counsel/ was viewed are representing an unfortunate shift away from child-welfare-based approach to a more justice and crime control and priority given to hold young offenders responsible for their acts Replaced by YCJA in 2003 Part of a broad international shift toward a legalistic and ostensibly punitive justice and crime-control models [harsher adult like punishment for violent crime and restricting the custody sentence fro youth convicted of non-violent crime Seen as a bifurcated youth justice system a two pronged justice system, meaning that it provides avenues for the diversion of first time and lessserious offenders out of the system, while at the same time making more punitive forms of punishment for more serious offenders Chapter 2 In order to better understand, explain, and eventually predict any social phenomenon such as youth crime, we need to draw from a variety of sources of measurement (each of which has strength and weaknesses) Dark figure of crime refers to incidents of crime or delinquency that go undetected or unreported by the police. Youth at risk refers to young people who are at risk of offending or being victimized because of various social, family, and or personal factors Defining youth crime: young offender and when formerly counted becomes youth crime [a person between the ages of 12 and 18 and charged under the act with having committed an offence and found guilty. The YCJA places emphasis on legalistic approach under which young offenders are held legally responsible for their actions. Definition of youth crime focuses on predatory and aggressive behavior that is deemed punishable by the law but this only enables us to describe the problem Limitation to its use [not take into account victimless crimes/changes in the age distribution can influence crime rates/cases of youth crime often eliminated because they dont have enough gravity and this may affect
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