Week 4 PDF

Female Youth and the CJS  Office Hours Wednesday 1-2 pm via zoom Case Study Rubric and Instructions posted Announcements and reminders Quiz #2 due Feb 4 Midterm in class Feb 11   Since young males are more likely to be...

Female Youth and the CJS  Office Hours Wednesday 1-2 pm via zoom Case Study Rubric and Instructions posted Announcements and reminders Quiz #2 due Feb 4 Midterm in class Feb 11   Since young males are more likely to be offend, little research has been carried out on female youth Introduction  Male youth offending rate is 3x more than female youth  Cultural expectations of female and male behavior has played role in what we know about female youth offending   Children not held to same degree as adults dates back to Greek Philosophy  Lack understanding, and intelligence  Doli Incapax Doctrine = children under age Introduction of seven were incapable of evil intent  Science was a large component  Brain not fully developed  Some argue that even those 18+ still are not fully developed History of Youth Justice in Canada  Late 1800’s faced a lot of orphans and neglected child  Newsies – children who sold newspapers on street for living  Child Savers = white, college-education members of upper classes who raised awareness regarding juveniles  Need to develop policies and laws   Legislation in Canada started in 1875 with An Act for the More Speedy Trial and Punishment for Juvenile Offenders Legislation  Juvenile Delinquents were offenders under the age of 16 addressing  Punishment typically involved imprisonment, no longer than 3 months youth crime  Society slowly moved towards use of institutions for means of control  New doctrine parens patriae emerged Lower-class were to blame for youth deviance Juvenile Delinquent Act: Enacted in 1908 Focused on welfare of children and youth Juvenile Child is “misguided”, not criminal “Where a child is adjudged to have committed a Delinquent delinquency he shall be dealt with, not as an offender, but Act as one in a condition of delinquency and therefore requiring help and guidance and proper supervision” (JDA, Section 2,2) Best interests of the child Applied to children ages 7 to 16 or 18 years  Despite positive development, the JDA had criticisms: Some crimes were only applied to youth: Curfew violation, or Truancy “best interest of the child” interpreted differently Criticisms of among judges and police the JDA No due process – many immigrant and working- class children received harsher penalties Girls could be arrested for sexual immorality, but not boys  Following the enactment of the Charter in 1982, many criticisms of JDA were brought to light Introduction of Young Offenders Act (YOA) in 1984 Goal was to balance the needs and rights of Young children, while also holding them accountable. Offenders Act Had a special section which addressed “alternative measures” Child Welfare Model Criminal Law Model Applies to children 12 to 18   The federal government pointed to three main concerns with the YOA: 1. Not enough is done to prevent youth from entering life of crime Criticisms of 2. System must improve the way it deals with violent the Young youth, including rehabilitation Offenders Act 3. System relies too heavily on custody as a response to non-violent crime By late 1990’s, there were numerous calls for reform  YOA was viewed as a tool for controlling youth, not addressing crime prevention   In force April 2003  Aimed to reduce the incarceration of young people due to former YOA Youth  “Most serious intervention for the most serious crimes” Criminal  Ages 12 to 17 Justice Act  Protection of rights and freedoms of young persons  Emphasis on diverting youth and implement “extrajudicial measures”  Criticisms:  Overlooks social conditions that generate criminogenic environments  Gladue principles are not adequately applied – Indigenous youth overrepresented   Extrajudicial measures (EJM) = informal way in which police may keep a young person out of criminal justice system  Police officer required by the YCJA (s.6.1) to consider the following Extrajudicial options: police 1. Take no further action measures 2. Warn the young person 3. Administer a caution 4. Make a referral to a community program   Detention, questioning and arrest of youth are governed by the Charter, Criminal Code, and the YCJA.  Anyone under the age of 18 must be given special requirements  Once a formal process is initiated, most youth are released on Formal Appearance Notice Processing  Number of youth in remand (pre-trial detention) is high  Similar to adults, bail also applies to youth  Bail comes with many conditions  Example: youth living in group homes can face additional criminal charges for refusing to do dishes or clean their room as requested by staff (JHS, 2022)   Following sentencing principles must apply to youth: 1. No greater than adult punishment 2. Regional consistency Same sentence must apply to others in same region Sentencing of with similar circumstances Youth: 3. Sentence is proportionate to offence and responsibility Principles 4. Priority to non-custodial 5. Rehabilitation/reintegration 6. Denunciation and Deterrence Must be proportionate   Non-custodial sentences for less serious crime  Options:  Judicial reprimand (warning)  Absolute Discharge  Conditional Discharge Community  Fine Sanctions   Compensation/Restitution Community Service  Prohibition order/seizure  Probation  Intensive Support and Supervision Program  Attendance Center Program   Must not be sentenced to custody unless:  Young person committed violent offence  Failure to comply with previous non-custodial sentences  Young person commits indictable offence and has history of extrajudicial sanctions Custodial  Indictable offence and aggravating circumstances that would Sanctions make a non-custodial sentence inconsistent with the principles set out in Section 38 (purpose of sentencing)  Adult sentence on young offender  Can be applied if crime committed is too serious that the sentences in the YCJA are not sufficient enough to hold young person accountable.   1 in 5 Canadians experience a mental health illness/challenge  Police are often involved with young people in a mental health crisis  Support to de-escalate, risks or threats of harm, youths' behavior in community (theft), and physical intervention when restraints are Youth with required for transportation  Most people feel that criminalization emerges with police Mental Health involvement Challenges  Calls for ”De-policing” mental health crisis situations  Most youth in criminal justice system have had hardships in childhood  YCJA provides provisions for those with mental health challenges  Intensive Rehabilitative Custody and Supervision order (IRCS)  For those who have committed a violent offence and suffer from mental illness  Many factors lead to offending among youth  Anti-social attitude, peers, parenting, school factors, alcohol abuse, etc.  Increase of punishment with youth does not reduce recidivism Youth  Programming based on risk-need factors shown to Programming help  Positive childhood is important for development  Discussion: What are some solutions to address youth crime or potential risk factors?   Crime statistics do not give us a full picture of female youth offending  Rates of violent crime committed by youth have not increased  Charges against female youth have increased due to girls being charged for minor offences at higher rates than boys Nature of  Includes level 1 assaults, such as pushing, slapping, punching, online verbal threats, etc. female youth  Half of delinquent boys and girls commit delinquent acts before offending age of 12  Criminalized youth face high levels of abuse and come from economically and socially disadvantaged backgrounds  Females less likely to receive custodial sentences than males  Females more likely to receive probation, community service, etc.   Smith spent 1,047 days in solitary confinement between youth and adult prisons.  2/3 of her time in youth custody was spend in ‘therapeutic quiet’  9 by 6-foot cell with lights turned on for 23 hours per day  At 18, she was transferred to adult system Ashley Smith  Served entire rest of period in administrative segregation  Shown to increase her mental health problems and self harm case  Transferred 17 times, across 8 institutions to keep the solitary requirement under 60 day maximum  Died October 19th, 2007 in her segregation cell while prison guards watched for 45 minutes.  Death ruled a homicide and family settle wrongful death suit of $11 million against Corrections Canada   Segregation was deemed unconstitutional in 2019  SIU’s are similar to solitary confinement  Only difference – there needs to be a Are SIU’s window.  Rather than 23 hours spent in solitary, it is different than now 20 hours. solitary?  Prisoners must have 4 hours outside of their cell  15 days is considered torture and inhumane punishment by the UN Mandela Rules  More than half (56.5%) of the SIU stays exceeded 15 days 1/31/2025 22 23   https://www.youtube.com/watch?v=yryXNq00 _c0&ab_channel=TheFifthEstate Case Study:  Discussion: Ashley Smith  What were some key issues?  Were Ashley Smith’s human rights violated?  Was anyone disciplined?   Topic: Violent women and Constructions of Femininity Next week: Feb  Readings: Chapter 7 4, 6  Quiz #2 due Feb 4  Exam Review in class next week*