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Chapter 4

CRIM 3657 Chapter Notes - Chapter 4: Youth Criminal Justice Act, Juvenile Delinquency, Young Offenders Act

Course Code
CRIM 3657
Zachary Levinsky

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CRIM 3657 – Chapter 4
With the creation of the JDA in 1908 led by W.L Scott starter to approach in the
courts the lack of due process guarantees, inconsistent age jurisdictions
indeterminate sentencing, and a loss of faith in rehabilitative ethic
In 1967 came the “baby-boom” generation Canadians knew that there WOULD
be a problem of juvenile delinquency sooner or later
The YOA was presented in a bill in 1981, which fell over immediately out of
favour as the vocal publics concern with violent young offenders
This led to a lesser social-welfare driven legislation
Department of Justice Committee on Juvenile Delinquency (1961) to
investigate juvenile justice and suggest possible improvements
The politicians and government was more concerned with the rise of juvenile
delinquency with the baby boom generation
This concerned the publics safety and fear for their safety, which only meant there
had to be harsher punishments done
Criminals were created through labels by the public and media this created
diversionary programs which are peer mediation for adolescents in conflict at
school to remove the stigmatization effect
Youth were isolated and seen as ‘outsiders’
Social control was the cause of crime, thus, the YCJS was criminogenic rather
than rehabilitative
Labeling Theory, Youth and Bill C-192
Primary deviance is something everyone has done, it is symptomatic and
Secondary deviance is when a person comes to accept the label as a criminal and
continues to engage in the behaviour that conditioned it
Bill C-192 was created and mentioned many of the DJCJD’s concerns of
improving the juvenile system
Moving Towards the YOA (Youth Offenders Act)
Bill C-192 was created and mentioned many of the DJCJD’s concerns of
improving the juvenile system, this bill appeared to move away from
rehabilitative approaches moving towards harsher punishment/determinate
sentencing, and the Correctional Services saw that it failed to consider the care of
children and their treatment
Responsibility moved from being on social, economic and political values to
being put on the self
The understanding of juvenile responsibility was increasingly evident throughout
the 1970s and finally realized in Bill C-61 (An act respecting youth offenders and
to repeal the juvenile delinquents Act)
- Young people should get more rights than adults – abuse of young individuals’
liberties will NOT be tolerated
- Lawyers stated that sentences were not fair (i.e. girls sentenced to an indefinite
period for holding hands with a boy)
- age was set to 12-17 years
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