Children in the Justice System Overview

Podcast Beta

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary goal of the Just Desserts model in the criminal justice system?

To eliminate the need for punishment altogether

To reduce reoffending through education and support

To ensure offenders suffer in proportion to the harm they caused (correct)

To rehabilitate offenders for future integration into society

Which statement best reflects the effectiveness of the Just Desserts model in reducing reoffending?

It successfully eliminates the need for harsh sentence guidelines

It has been proven effective for all age groups

Research indicates it does not work, especially for youth (correct)

It is the most preferred model in modern criminal justice systems

What key principle characterized the Juvenile Delinquents Act of 1908?

Punishment should equal the crime committed

Strict sentencing criteria based on age

Crime stems from social deficiencies and should focus on rehabilitation (correct)

All children should be treated as adults in the legal system

What is one potential negative outcome of the Just Desserts approach to sentencing?

It may lead to an increase in juvenile offenses Signup and view all the answers

What dual approach does the ideal sentencing model aim to incorporate?

Both punishment and rehabilitation to prevent future crimes Signup and view all the answers

What factor can influence a child's likelihood to lie?

The attachment between the parent and the child Signup and view all the answers

Which statement accurately reflects the understanding of lying cues in children compared to adults?

Cues that suggest lying in adults do not necessarily mean children are lying. Signup and view all the answers

What role may parents play in a child's decision to lie?

Parents can coach children to lie, often without their knowledge. Signup and view all the answers

What is one method suggested for assessing a child's honesty?

Taxing their working memory. Signup and view all the answers

Which of the following is a reason children might lie?

To conceal a parent's misdeeds. Signup and view all the answers

Who ultimately decides whether a child can testify in court?

The judge Signup and view all the answers

What is a major concern when considering child testimony in court?

The child may feel uncomfortable or retraumatized Signup and view all the answers

At what age can children typically begin to tell when another child is lying?

By the age of seven Signup and view all the answers

What can hinder a child from providing testimony in court?

Limited vocabulary and communication skills Signup and view all the answers

Why might two judges come to different conclusions about a child's capability to testify?

Due to varying levels of child development knowledge Signup and view all the answers

What does the phrase 'he said vs she said' imply in the context of child testimony?

That there is a lack of objective evidence Signup and view all the answers

How do societal factors influence the perception of children's testimonies?

Patriarchal norms may favor male perspectives as more credible Signup and view all the answers

What was a primary focus of the Young Offenders Act introduced in 1982?

Protection of the public and responsibility of the young offender Signup and view all the answers

What is a significant factor that judges might lack when evaluating children's testimonies?

Knowledge of child development Signup and view all the answers

Which of the following statements about the Youth Criminal Justice Act is accurate?

It emphasizes addressing underlying causes of behavior Signup and view all the answers

Which principle emphasizes recognizing individual differences in offenders during intervention?

Responsivity Principle Signup and view all the answers

What is the purpose of risk assessment instruments in youth rehabilitation?

To determine who is at risk to reoffend and identify protective factors Signup and view all the answers

What change occurred regarding youth incarceration rates under the Young Offenders Act?

There was a rise in the number of youth sent to adult prisons Signup and view all the answers

What does the term 'dynamic risk factors' refer to in the context of youth rehabilitation?

Factors such as drug addiction that can be modified Signup and view all the answers

What was one major criticism of the approach taken by the Young Offenders Act?

It did not emphasize punishment as a primary method Signup and view all the answers

Which of the following elements was emphasized in the Youth Criminal Justice Act for interventions?

Timely and prompt responses to behavior Signup and view all the answers

What major change occurred in Canada regarding children testifying in court after 2006?

Children only need to answer simple questions to demonstrate competency. Signup and view all the answers

What is a common misconception regarding children and their understanding of promises?

Younger children may not fully grasp what a promise means. Signup and view all the answers

What assumption is made about adults when they testify in court?

It's assumed that adults will tell the truth without question. Signup and view all the answers

What does recent research question about asking children to promise to tell the truth?

If children fully understand the notion of a promise. Signup and view all the answers

Which of the following is true regarding the truth-lie research involving children?

Two-thirds of children generally do not tell lies. Signup and view all the answers

What does the premise behind the truth-lie research primarily address?

How legal personnel assess children's believability. Signup and view all the answers

Which of the following illustrates the findings from the Temptation Resistance Paradigm?

Kids are tested for their ability to resist temptation through lying. Signup and view all the answers

What does the legal reform focus on regarding children's testimony in Canada?

Eliminating the requirement to promise to tell the truth. Signup and view all the answers

Study Notes

Just Desserts Model

The Just Desserts model emphasizes retribution and punishment as the primary goals of sentencing.
This approach focuses on the severity of the crime committed and the offender's culpability, aiming for proportionate punishment.
The model's effectiveness in reducing reoffending is debated; evidence suggests it might not be particularly effective.

Juvenile Delinquents Act of 1908

The act emphasized a "parens patriae" principle, where the state acts as a parent to protect children.
It focused on rehabilitative measures for young offenders, emphasizing their upbringing and individual circumstances.

Negative Outcomes of the Just Desserts Approach

The Just Desserts approach can lead to harsher sentences for young offenders, potentially increasing recidivism rates.

Ideal Sentencing Model

The ideal sentencing model aims to balance retributive elements with rehabilitative approaches.
It seeks to address both the need for punishment and the potential for offender rehabilitation.

Factors Influencing Children's Lies

Children are more likely to lie when they fear punishment or negative consequences.
They may also lie to protect themselves or others, or to gain a desired outcome.

Children's Understanding of Lying Cues

Children generally have difficulty understanding lying cues as effectively as adults.
They can often be misled by appearances and verbal cues, leading to incorrect judgments about truthfulness.

Parental Role in Child's Lying

Parents' behavior significantly influences a child's decision to lie.
Children who witness or experience dishonesty are more likely to lie themselves.

Assessing a Child's Honesty

One suggested method for assessing a child's honesty involves observing their consistency over time in their accounts.
This approach examines if their story is consistent throughout interactions and over time.

Reasons Why Children Might Lie

Children might lie to avoid punishment, gain rewards, impress others, or protect themselves or others.

Deciding Child Witness Capability

The judge ultimately decides whether a child can testify in court.

Concerns Regarding Child Testimony

A major concern is the potential for manipulation or suggestibility in child witnesses due to their age.
It raises concerns about the reliability of their testimony.

Detecting Lies by Children

Children typically begin to understand when another child is lying around the age of 7.

Hindering Child Testimony

Factors that can hinder a child from providing testimony include fear, anxiety, trauma, or the inability to express themselves effectively.

Judge's Disagreement on Child's Testimony

Two judges may reach different conclusions about a child's capability to testify due to differing interpretations of their behavior, communication, and comprehension.

'He Said Vs She Said' Implication

"He said vs she said" implies a lack of corroborating evidence in a case involving a child's testimony.

Societal Factors Influencing Children's Testimony

Societal factors like stereotypes and biases can impact how seriously child witnesses are taken and how their testimonies are perceived.

Young Offenders Act (1982)

The primary focus was on rehabilitative measures with an emphasis on community-based programs.

Judge's Lack of Information for Child Testimony Evaluation

A significant factor that judges might lack is the child's developmental stage and understanding of the situation.

Youth Criminal Justice Act (2002)

It de-emphasized incarceration and aimed for more individualized interventions.

Principle of Individualized Intervention

The principle of "individualized intervention" highlights the importance of tailoring rehabilitation programs to the specific needs and circumstances of each offender.

Risk Assessment Instruments in Youth Rehabilitation

Risk assessment instruments assess the risk of re-offending for youth offenders.
They help in tailoring rehabilitation programs to target specific risk factors.

Youth Incarceration Rates under YOA

The Young Offenders Act led to a decrease in youth incarceration rates compared to the previous system.

Dynamic Risk Factors in Youth Rehabilitation

Dynamic risk factors refer to changeable aspects of an offender's life that influence their likelihood of re-offending.
These factors include their behavior, temperament, relationships, and skills.

Criticism of the Young Offenders Act

A criticism of the Young Offenders Act was that it was too lenient and failed to adequately deter criminal behavior.

YCJ Act Emphasis for Interventions

The Youth Criminal Justice Act emphasized restorative justice approaches and reintegration into the community for interventions.

Children Testifying in Court after 2006

After 2006, changes to the legal framework brought renewed attention to the significance of children's testimonies in Canadian courts.

Misconception about Children and Promises

A common misconception is that children understand promises in the same way that adults do. This belief fails to consider their developmental stages and understanding of the concept of "truthfulness".

Assumption about Adults' Testimony

Adults testifying in court are typically presumed capable of understanding the gravity of their oath and the importance of truthfulness.

Recent Research on Asking Children to Promise to Tell the Truth

Recent research questions the effectiveness of asking children to promise to tell the truth, suggesting it might not always be an effective method for encouraging truthful accounts.

Truth-Lie Research on Children

Research has found that children often struggle to differentiate between truth and lies, especially in complex situations.

Truth-Lie Research Premise

The premise of the truth-lie research focuses on understanding how children develop the ability to distinguish between truth and lies and the factors that influence their understanding.

The Temptation Resistance Paradigm

This paradigm studies children's resistance to temptations to lie.
Research suggests that children who have better self-control are less likely to lie.

Legal Reform Focus on Children's Testimony

Legal reform is focused on improving the understanding of children's abilities and vulnerabilities when they testify in court.
The goal is to ensure that children's testimony is reliable and treated fairly.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz explores the complexities of children testifying in judicial settings, including their cognitive development, the influence of parental figures, and the challenges faced by judges in understanding child competency. It highlights the significance of child testimony in legal proceedings and the potential impact on justice outcomes.