94 Questions
What term is used to refer to 19th-century North American middle-class reformers who played a crucial role in establishing a distinct justice system for juveniles?
Child Savers
Which model represents a retributive set of beliefs about crime and justice?
Crime-Control Model
What term describes the condition where individuals are excluded from mainstream society in economic, social, cultural, and political realms?
Marginalized
In the Canadian Criminal Code, what does 'indictable' refer to?
Serious Offenses
What concept refers to the idea that youth, due to their legal dependency, are restricted from making decisions and expressing their views like many adults can?
Denied Adulthood
What term refers to a situation where politicians propose criminal justice policy based on public sentiment rather than actual criminal activity or policy effectiveness?
Penal Populism
Which doctrine gives the state the power to take on a guardian role for children?
Parens Patriae
In what type of data collection do justice agencies like police, courts, and correctional institutions gather offender and offence data for administrative purposes?
Official Crime
What term describes the ways in which youth crime is understood and discussed, leading to certain actions, laws, and policies?
Problematize
Which 19th-century term was used for juvenile prisons based on the belief in the ability of prisons to reform individuals?
Reformatory
What historical circumstances in the 19th century led to the development of a separate youth criminal justice system?
Increased concern about the behavior and well-being of children and youth during the Victorian period
Which legislative change in Canada marked the shift towards a welfare-based juvenile justice system model?
The introduction of the Juvenile Delinquents Act in 1908
What legal concept influenced the creation of the Juvenile Delinquents Act and the underlying philosophy of the Canadian youth justice system?
Parens patriae from English common law
Which principle grants the state the authority to act as a guardian for children in legal matters?
'Parent of the country' (parens patriae) doctrine
What distinguishes the Juvenile Delinquents Act (1908) from other criminal justice legislation at that time?
It created a welfare-based juvenile justice system model
Which model focuses on overlapping principles such as assessing familial, social, and emotional needs alongside the offense, as well as the focus on offender rehabilitation, due process, and accountability?
Modified-justice Model
Which model emphasizes the best interest of the child and family, individual offender's needs, and rehabilitation/reintegration of young offenders?
Welfare-based Justice Model
Which model is criticized for being punitive and legalistic in its approach, as well as considered to be a criminal code for children?
Justice Model
Which model faces criticism for not being punitive enough, concerns about 'coddling' young offenders, and potential abuse of children's and parent's rights?
Welfare-based Justice Model
Which model maintains a mix of justice model philosophy and some welfare principles?
Modified-justice Model
The Youth Criminal Justice Act (YCJA) in Canada was introduced in:
2003
Which of the following is a principle introduced by the Young Offenders Act (YOA) regarding the youth justice system?
Focus on youth responsibility and protection of society
The term 'Criminal Code for children' was used in reference to which legislation?
Young Offenders Act (YOA)
In the context of Canadian youth justice legislation, the term 'parens patriae' refers to:
Parental responsibility and the state as guardian
The purpose of the youth justice system under the Youth Criminal Justice Act (YCJA) emphasizes:
Prevention, rehabilitation, and meaningful consequences
What is the guiding philosophy behind treating young offenders differently than adults in criminal justice?
Rehabilitative Philosophy
In restorative-justice models, what does 'Reparation' involve?
Offenders making amends to their victims in various ways
Why should youth justice and youth crime be examined as separate issues?
To understand the nuances in treating young offenders
What does the term 'Juvenile Delinquent' refer to?
Youth who are problematic due to their age and maturity
In what way does the Modified-Justice Model differ from the Justice Model?
It does not strictly adhere to a pure justice philosophy
What is the main focus of Restorative Justice?
Reintegrating offenders into the community
According to the Principles of Rehabilitation, what does the Responsivity Principle emphasize?
Tailoring interventions to offender's learning style
Which term describes behaviours that are illegal only because of the age of the individual involved?
Status Offences
In a Welfare-based Juvenile Justice System, what is the guiding philosophy?
Rehabilitative justice
What is the primary aim of Reintegration in the correctional context?
To reintroduce offenders into society as law-abiding members
Under what age range are individuals considered youth in the context of the Youth Justice System?
12-17 years old
What is the core principle of the Risk Principle in rehabilitation programs?
Matching the level of service to the risk level of the offender
What is the key aspect of Status Offences within the legal framework?
They are illegal solely due to the individual's age status.
What differentiates Youth Crime from other forms of criminal behavior?
It applies to individuals aged 12-17 years.
What does Restorative Justice primarily seek to achieve?
Reparation for harm caused by crime.
What 19th-century legal concept influenced the Canadian youth justice system's philosophy of treating children as wards of the state?
Doctrine of parens patriae
Which historical circumstances in the 19th century led to the development of a separate youth criminal justice system?
Industrial revolution effects on child labor
What legislative change in Canada marked the shift towards a welfare-based juvenile justice system model?
Juvenile Delinquents Act (1908)
In what way does the Youth Criminal Justice Act (YCJA) differ from the previous Juvenile Delinquents Act (1908)?
Emphasis on rehabilitation and reintegration
Which term describes the condition where youth offenders are excluded from mainstream society due to their legal status?
Social reintegration
What is the guiding philosophy behind separating youth offenders from adults in the criminal justice system?
'Best interests of the child' principle
What historical period saw the separation of youth offenders from adults in the criminal justice system?
Victorian period
Which legislation in Canada marked a shift towards a welfare-based juvenile justice system model?
Juvenile Delinquents Act (1908)
Which legal concept gives the state the power to act as a guardian for children in legal matters?
Doctrine of parens patriae
What historical circumstances in the 19th century led to the perceived need for a separate youth criminal justice system?
Concerns about youth welfare during the Victorian era
In what year did the Juvenile Delinquents Act become law in Canada?
1908
What key aspect of the youth justice system under the Youth Criminal Justice Act does the doctrine of parens patriae emphasize?
Welfare-based approach to juvenile justice
Which legal concept granted the state the authority to act as a guardian for children in legal matters?
Doctrine of parens patriae
What historical circumstances in the 19th century influenced the development of a separate youth criminal justice system?
Middle-class reformers' influence
Which legislation marked the shift towards a welfare-based juvenile justice system model in Canada?
Juvenile Delinquents Act (1908)
What differentiated the Juvenile Delinquents Act (1908) from other criminal justice legislation at the time?
Guiding philosophy of rehabilitation
What led to the separation of youth offenders from adults in the criminal justice system?
Belief in reforming young offenders
Under which principle did the Youth Criminal Justice Act (YCJA) focus on preventing, rehabilitating, and imposing meaningful consequences for young offenders?
Rehabilitation Principle
What term was used in the 19th century to describe prisons that focused on atonement for wrongs?
Penitentiaries
Which historical concept allowed the state to take on a guardian role for children based on English common law?
Parens Patriae
What was a 19th-century term used for juvenile prisons with the belief that prisons could reform individuals?
Reformatories
In which century was the Juvenile Delinquents Act (1908) established in Canada?
20th Century
What principle underlies situations where politicians develop criminal justice policies based on public sentiment rather than policy effectiveness?
Penal Populism Principle
Which of the following describes a situation where youth crime is understood and discussed, leading to specific actions, laws, and policies?
Politics of Youth Crime
What historical period led to the separation of youth offenders from adults in the criminal justice system?
Victorian period
What doctrine served as the basis for the Juvenile Delinquents Act (1908) in Canada?
Parens patriae
What legislation marked a shift towards a welfare-based juvenile justice system model in Canada?
Juvenile Delinquents Act (1908)
What did the Federal Criminal Code in 1892 allow for individuals under 16?
Non-public trials and custody
Which legal concept justifies separating youth offenders from adults based on state guardianship for children?
Parens patriae
What philosophy influenced the decision-making of justice personnel under the Juvenile Delinquents Act (1908)?
'Parens patriae'
What is a key difference between the Welfare-based Justice Model and the Modified-Justice Model?
The Modified-Justice Model overlaps familial, social, and emotional needs with offenses, while the Welfare-based Justice Model focuses on due process.
What characteristic distinguishes the Doctrine of parens patriae in the context of the youth justice system?
It focuses on rehabilitation and reintegration of youth offenders.
What historical circumstances in the 19th century influenced the development of a separate youth criminal justice system?
The rise of industrialization and child labor laws.
Which legislation marked a significant shift towards treating children as wards of the state in legal matters?
Youth Criminal Justice Act (YCJA)
What does the principle of separation of youth offenders from adults in the criminal justice system primarily aim to achieve?
To protect young offenders from potential abuse and negative influences in adult facilities.
How does the Youth Criminal Justice Act (YCJA) differ from the Juvenile Delinquents Act (1908) regarding its treatment of young offenders?
The YCJA prioritizes welfare and rehabilitation over punishment, differing from the Juvenile Delinquents Act's legalistic approach.
What term refers to the notion that youth are prevented from attaining certain rights that adults take for granted, like making decisions about their own lives?
Denied Adulthood
In the Canadian Criminal Code, what type of offences are considered 'indictable'?
Serious offences with a minimum sentence of two years
What do 'Child Savers' refer to in the context of 19th-century North America?
Middle-class reformers advocating for youth rights
What is the main focus of discourse as mentioned in the provided text?
How things are talked about and understood in various forms
What does the term 'Limited Accountability (Justice Model)' imply regarding children and youth?
They are accountable but to a lesser extent than adults
'Marginalized' individuals are primarily characterized by being:
Excluded from mainstream society for various reasons
What concept is focused on repairing the harm caused by crime and aims to restore the relationship between offenders, victims, and communities?
Restorative Justice
Which principle in rehabilitation programs stresses the importance of tailoring interventions to the offender's learning style, motivation, abilities, and strengths?
Responsivity Principle
What behavior is considered illegal solely based on the age status of the individual involved?
Status Offences
Which philosophical model of juvenile justice focuses on reintegrating offenders back into their communities as productive members?
Welfare-based Juvenile Justice System
According to the Principles of Rehabilitation, what factor should treatment target in offenders to be effective?
Problematic needs related to offending
What concept refers to behaviors that are illegal because of the age status of the individual involved?
Status Offences
What is the main difference between the Justice Model and the Modified-Justice Model in criminal or juvenile justice?
The Justice Model advocates for complete adherence to the rule of law, while the Modified-Justice Model allows for flexibility in certain cases.
Why is reparation important in restorative-justice models according to the text?
To enable offenders to make amends to their victims for the harm caused by their offense.
What philosophy underlies the belief that children and youth should not be subject to criminal law like adults?
Rehabilitative Philosophy
What is the relationship between Public Issues and Juvenile Delinquency as discussed in the text?
Juvenile Delinquency involves matters of public concern.
Why is it necessary to examine youth justice and youth crime as separate issues according to the study questions mentioned in the text?
To identify the distinct treatment young offenders receive compared to adults.
What concept is central to the Reparation process in restorative-justice models?
Accountability
Study Notes
Youth Justice and Crime
- Youth justice refers to policies and programs designed to reintroduce offenders back into their communities as productive, participating, law-abiding members.
- Youth crime refers to anyone between 12 and 17 years old who commits a crime or is accused of committing a crime.
Models of Youth Justice
- Crime Control Model:
- Advantage: Protection of society; law and order in society; maintenance of social order.
- Disadvantage: Overbearing authority from criminal justice professionals; negative reinforcement/deterrence.
- Justice Model:
- Advantage: Individual rights; minimal interference with freedoms; right to due process.
- Disadvantage: Punitive and legalistic; criminal code for children.
- Modified-Justice Model:
- Advantage: Model does not strictly adhere to a pure justice philosophy; mixed approach (justice model philosophy and some maintained welfare principles).
- Disadvantage: Overlapping principles (e.g., assessing the youth's familial, social, and emotional needs and the offence together); focuses on the offender and rehabilitation but also due process and accountability.
- Welfare-based Justice Model:
- Advantage: The individual offender's needs; best interest of child and family; rehabilitation and reintegration of young offenders.
- Disadvantage: Oppositional standpoints for "coddling" young offenders; not punitive enough; concern about potential abuse of children's and parent's rights.
Historical Development of Youth Justice
- Pre-Confederation period: Children and youth were treated the same as adults.
- Victorian period: Youth justice primarily began during this period, with a focus on the behavior and well-being of children and youth.
- Post-Victorian period: Separated youth offenders from adults to prevent them from developing a criminal lifestyle that could last a lifetime.
Canadian Youth Justice Legislation
- 1892: Federal Criminal Code amended to allow separate non-public trials and custody for those under 16.
- 1908: Juvenile Delinquents Act (JDA) created a welfare-based juvenile justice system model.
- 1970: Young Offenders Act (YOA) introduced, focusing on youth responsibility and protection of society, special needs, alternative measures, and legal rights and freedoms.
- 1977: YOA reintroduced, influenced by the failed 1975 Young Person in Conflict with the Law legislation.
- 2003: Youth Criminal Justice Act (YCJA) introduced, maintaining the principles introduced in the YOA, but unintentionally creating a different justice system.
Key Concepts
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Reintegration: Policies and programs designed to reintroduce offenders back into their communities as productive, participating, law-abiding members.
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Restorative Justice: A justice model that focuses on the harm caused by crime and seeks to repair the damage done to offenders, victims, and communities.
-
Status Offences: Behaviours considered to be illegal only because of the age status of the individual (e.g., truancy).
-
The Principles of Rehabilitation: Risk Principle, Need Principle, and Responsivity Principle.
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Welfare-based Juvenile Justice System: A model of juvenile justice based on a rehabilitative philosophy.
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Youth Justice System/Juvenile Justice System: A system of laws, policies, and practices designed under the guiding philosophy that children and youth should not be subject to criminal law in the same manner as adults.### Justice Models in Juvenile Justice System
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Justice Model: prioritizes individual rights, minimal interference with freedoms, and right to due process, but can be punitive and legalistic.
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Modified Justice Model: combines justice model philosophy with welfare principles, but can be criticized for overlapping principles and assessing both the youth's needs and the offence.
-
Welfare-based Justice Model: focuses on the individual offender's needs, best interest of child and family, and rehabilitation, but can be seen as "coddling" young offenders and not punitive enough.
Key Concepts in Juvenile Justice System
- Reintegration: policies and programs designed to introduce offenders back into their communities as productive, law-abiding members.
- Restorative Justice: a justice model that focuses on repairing the harm caused by crime to offenders, victims, and communities.
- Status Offences: behaviours considered illegal only because of the age status of the individual (e.g., truancy).
Principles of Rehabilitation
- Risk Principle: matching the level of service to the risk level of the offender to increase treatment effectiveness.
- Need Principle: targeting treatment towards the problematic needs of offenders that are related to offending.
- Responsivity Principle: providing cognitive behavioural treatment tailored to the learning style, motivation, abilities, and strengths of the offender.
Juvenile Justice System
- Welfare-based Juvenile Justice System: a model based on a rehabilitative philosophy.
- Youth Crime: committed by individuals between 12 and 17 years old, who may go through the youth justice system.
- Youth Justice System/Juvenile Justice System: a system of laws, policies, and practices that recognize the unique needs of children and youth due to their age and maturity.
Test your knowledge on concepts related to criminal justice, including Moral Panic, Official Crime, Parens Patriae, and Penal Populism. Understand the definitions and implications of these terms in the legal system.
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