Sociology 2267A/B Chapter Notes - Chapter 16: Juvenile Court, Restorative Justice, Lists Of Landmark Court Decisions
26 Apr 2018
School
Department
Course
Professor
Chapter 16- juvenile justice and restorative justice:
reflecting on developments in BC
Thursday, April 26, 2018
1:10 PM
Introduction
• 1996 through the provision of reparations to victims and communities, canada became the first
country in the world to include restorative justice as a legitimate option within the criminal code
Reconceptualising 'crime'
• Conventional criminal (juvenile) justice literature, a crime is legally defined as a breach of a state-
created criminal law, which can involve a person or property
• Restorative justice (RJ) perspective views crimes as a violation of people and relationships that
creates obligations to repair harm to victims and communities, focuses on responsibility and
healing rather than on punishment
Juvenile justice legislation: social control to 'off ramps'
• Replacing the JDA in 1984 the young offenders act reflected then dominant societal views -youth
were responsible and should therefore be held accountable for their behaviours and crimes
• Specific restorative justice values that may be seen to underlie this legislation include the
following:
o Societal responsibility to address the developmental challenges and needs of young persons
in order to guide them into adulthood
o Communities and families should work in partnership to address crime prevention by
addressing its underlying causes, and support to young persons particularly those at risk
o Information regarding youth justice, crime, and measures, taken to address youth crime
should be publicly available
o Young persons have rights and freedoms
o Youth criminal justice system should command respect and take into account the interest of
victims
o Youth justice system should foster responsibility and ensure accountability through
meaningful consequences
o Reserve most serious interventions for the most serious crimes and reduce over-reliance on
incarceration
• Act emphasizes the measures taken against young persons should
o Reinforce respect for societal values
o Encourage the repair of harm done to victims and the community
o Be meaningful for the individual given their needs and elvel of development and where
appropriate involve the parents, the community and social or other agencies in the young
persons rehab and reintegration and
o Respect gender, ethnic, cultural, and linguistic differences and respond to the needs of
aboriginal young persons
• YCJA directs that extrajudicial measures must:
o Encourage acknowledgement and reparation of harm to the victim and the community
o Encourage families, including extended families, of young persons and the community to
become involved in the design and implementation of those measures and
o Provide an opportunity for victims to participate in decisions
• YCJA authorizes the use of conferences by a youth justice court judge, provincial director, police
officer, justice of the peace, prosecutor/youth worker, or a youth justice committee
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 16- juvenile justice and restorative justice: reflecting on developments in bc. Introduction: 1996 through the provision of reparations to victims and communities, canada became the first country in the world to include restorative justice as a legitimate option within the criminal code. Juvenile justice legislation: social control to "off ramps: replacing the jda in 1984 the young offenders act reflected then dominant societal views -youth were responsible and should therefore be held accountable for their behaviours and crimes. Findings shouldn"t conclude that circle sentencing has no value. Bc justice reforms: november 1996 expressed the initial intention of the ministry to adopt an rj approach to criminal justice, overall policy shift reflected in these reforms and framework was stated by the attorney general. Increase institutions ability to understand and be more responsive to youths needs: be accountable for services they provide, understand the impact that they have on young peoples lives.
