CRJS Exam #1 PDF

Unit #1: Key Terms & Concepts Child Savers: A term used to refer to 19th-century North American middle-class reformers who were instrumental in the creation of a separate system of justice for juveniles. Crime-control Model: A theoretical model representing a retributive set of beliefs and philosoph...

Unit #1: Key Terms & Concepts Child Savers: A term used to refer to 19th-century North American middle-class reformers who were instrumental in the creation of a separate system of justice for juveniles. Crime-control Model: A theoretical model representing a retributive set of beliefs and philosophies about crime and justice. Cycle of Juvenile Justice: Refers to the tendency toward a never-ending cycle of juvenile justice reform common in Western society. Denied Adulthood: Refers to the notion that youth, because of their legal dependency in Western society, are prevented from attaining the things that many adults take for granted, such as the right to make decisions about their own lives and the right to express their views. Discourse: How things are talked about and understood, both orally and in written form, including formal talk, such as theory; professional talk, such as reports, books, and media; and conversations. Indictable: In the Canadian Criminal Code, refers to offences that are of a serious nature; the maximum sentence is never less than two years. Limited Accountability (Justice Model): Children and youth are held accountable by the justice system, but in a limited manner compared to adults. Marginalized: A condition in which people are excluded from mainstream society. This exclusion can be economic, social, cultural, political, or all four. Moral Panic: Refers to situations where people, groups, circumstances, or events are defined and perceived to be a threat to security and public order. Official Crime: Offender and offence data based on information collected for administrative purposes by justice agencies, such as the police, courts, and correctional institutions. Parens Patriae: A doctrine based on English common law that gives the state the power to take on a guardian or parenting role for children. Penal Populism: A situation where politicians propose or develop criminal justice policy that reflects public sentiment, as presented through the media, rather than actual criminal activity or policy effectiveness. Penitentiary: A 19th-century term for prisons based on a philosophy of penitence and punishment to atone for wrongs. Politics of Youth Crime: The ways in which youth crime is understood and talked about, both formally and informally, and the actions, laws, and policies that derive from this discourse. Probation: A sentence of the court that involves supervision in the community and sets conditions that must be adhered to if the person is to remain in the community. Problematize: A process whereby something, or some group is defined as a problem. Reformatory: A 19th-century term for juvenile prisons that were based on a belief in the ability of prisons to reform or change individuals. Reintegration: A correctional concept referring to policies and programs designed to introduce offenders back into their communities as productive, participating, law-abiding members. 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: The Risk Principle states that in order to increase treatment effectiveness the level of service must be matched to the risk level of the offender. The Need Principle says that treatment should target those problematic needs of offenders that are actually related to offending. The Responsivity Principle calls for providing cognitive behavioural treatment and to tailor the intervention to the learning style, motivation, abilities, and strengths of the offender. Welfare-based Juvenile Justice System: A model of juvenile justice based on a rehabilitative philosophy. Youth Crime: Anyone between 12 and 17 years old is considered a youth and may go through the youth justice system if they commit a crime or are accused of committing a crime. Youth Justice System/Juvenile Justice System: A system of laws, policies, and practices designed under the guiding philosophy that children and youth, because of their age and maturity, should not be subject to criminal law in the same manner as adults. Public Issues: Matters of public concern that are debated in a variety of forums and usually involve demands for action. Rehabilitative Philosophy: A belief that the right treatment can change a person’s attitudes, values, and/or behaviour. Juvenile Delinquent: A concept popularized in the Victorian era, referring to children and youth who were considered problematic for a variety of reasons. Justice Model: Refers in this text to a philosophy and orientation to criminal justice that posits the rule of law as the primary means of achieving a “just” justice system. Modified-Justice Model: A particular model of criminal or juvenile justice that is not in strict adherence to a pure justice philosophy. Reparation: In restorative-justice models, this involves offenders making amends in any of a variety of ways to their victims for the harm done by the offence. Study Questions: Identify the differences between youth justice and youth crime, and why they should be examined as separate issues. Understand how and why young offenders are treated differently than adults in criminal justice. The guiding philosophy that children and youth, because of their age and maturity, should not be subject to criminal law in the same manner as adults Explain the relationship between concerns over juvenile delinquency and actual levels of youth crime as presented in Chapters 1 and 2 of the textbook. Juvenile delinquency was overrepresented in the media and the statistical rates of youth crime were not as high as the media portrayed. Explain the historical circumstances of the 19th century that led to the development and perceived need for a separate youth criminal justice system. Pre-Confederation period: Children and youth were treated the same as adults. Youth justice primarily began during the Victorian period, when the behavior and well-being of children and youth were a matter of concern—the post-Victorian period separated youth offenders from adults to prevent them from developing a criminal lifestyle that could last a lifetime. Identify the types of youth justice legislation enacted over time in Canada, and familiarize yourself with legislative change between the Juvenile Delinquent’s Act (1908) up to the current Youth Criminal Justice Act. In 1892, the Federal Criminal Code was amended to allow separate non-public trials and custody for those under 16. The Juvenile Delinquents Act became law on July 8th, 1908; the JDA created a welfare-based juvenile justice system model. The philosophy underlying the legislation, the justice system it created, and the decision-making of justice personnel who implemented the act came from the doctrine of parens patriae, meaning “parent of the country.” This doctrine based on English common law gives the state the power to take on a guardian or parenting role for children. Oppositional opinions state that this law is not punitive enough and is “coddling.” In 1970, the Young Offenders Act was introduced, receiving backlash for being too legalistic and punitive: a “Criminal Code for children. Influenced by the failed 1975 Young Person in Conflict with the Law legislation, the YOA was reintroduced in 1977. - The YOA introduced principles to the juvenile justice system that focused the system on youth responsibility and protection of society, special needs, alternative measures, and legal rights and freedoms (parental responsibility). The Youth Criminal Justice Act (YCJA) was introduced in 2003 and maintained the principles introduced in the YOA; however, it unintentionally created a very different justice system, regarding both its structure and its focus. The YCJA specifies that the purpose of the youth justice system is the protection of the public through prevention, rehabilitation, and meaningful consequences. Explain the models of youth justice embodied by Canadian youth justice legislation and how they have changed over time. + Discuss how these models influence how young offenders are dealt with in the criminal justice system. Crime Control Model: - Advantage: Protection of society; law and order in society; maintenance of social order. - Disadvantage: Overbearing authority from criminal justice professionals (e.g., police); 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.