Week 12-1 YJ-A Corrections Past Paper PDF

## Week 12-1 YJ-A Corrections F24_POST **Thursday, November 28, 2024 6:41 PM** ### Youth Corrections & New Issues * Week 12 ### Restorative Justice * Victim's rights - Relational Justice * Meeting between parties - Victim, offender, community members * Communication between parties - Discuss the o...

## Week 12-1 YJ-A Corrections F24_POST **Thursday, November 28, 2024 6:41 PM** ### Youth Corrections & New Issues * Week 12 ### Restorative Justice * Victim's rights - Relational Justice * Meeting between parties - Victim, offender, community members * Communication between parties - Discuss the offence, feelings of how affected by crime, and harm done * Agreement by both parties ### Restorative Justice * Apology as option - To make amends (genuine) * Restitution - Offender makes reparation - return equilibrium * Function/purpose - Change offenders' (future) behaviour * Respect to all parties ### Strengths (positives) of Restorative Justice - youth * Accepts responsibility * Consensus between parties (not imposed) * (for judge; & youth - how crime impacts) * (rehabilitation & reintegration) * Full knowledge * Principles promoted * Meaningful consequences (tied to offence) * Community & victim involvement - (Help with closure; higher satisfaction) ### Drawbacks (problems) * Can cause shaming * Can be undermined * By professionals * Uniqueness lost * Sustain and perpetuate injustices * Reluctance * To participate * Problematic for some crimes ### Probation - Mandatory * Mandatory (Statutory) conditions * A) Keep the peace * B) Be of good behaviour * C) Appear in court as required * YCJA Conditions: * A) Prohibited from possession or purchasing weapons and explosives * B) Conditions necessary to secure youth's good conduct - Conclude; include; follow rules, curfew, certain grades in school or attendance ### Probation - Additional Conditions * Report to probation officer (regular intervals) * Go to school (re-enroll or continue) * Reside at a residence (in court records; supervised) * Report changes in address (to court) * Domain in court's jurisdiction * Not associate with certain people (co-offenders: if relevant) * Avoid certain neighborhoods (associated with crime) * Obey a curfew * Follow "house rules" (Parents; not cleaning room-breach) * Abstain from drugs and alcohol * Attend a treatment program (if relevant) * Maintain employment (if relevant) _**[prohibition order can be imposed under YCJA independently of probation order]**_ ### Total Institution - Goffman (1961) - Asylums * All aspects of life - Carried under the same place * Practices are regulated by hierarchy - Authority-subjects * Loss of autonomy (activities are structured) * Suit rational goal toward transforming self (indiv) * Privilege system - Rules and Rewards * Identity Stripped; homogeneity - uniforms * Subculture - Argot system - Language system ### Youth Prison - Change with YOA * Secure custody: required restrictions of movement (inside and outside) - Dormitory & Lock up * (Nonsecure) Open custody: fewer restrictions of movement (inside and outside) - Supervised Activities * YCJA legislation - Provincial facilities differentiated by multiple security levels ### Youth Centres * Ontario: determined by age: * 12-15 (phase 1) * 16-17 (phase II) * Now: provincial director decides (Level of custody after sentencing) * YCJA - youth court Does not need to specify level of custody * All provinces required to have both levels of custody ### YOA * Too much reliance on custody - Serious & expensive problem * Used: Short periods of time for non-violent offences * Problem: * Rates increasing - Higher than USA * Did not differentiate between crimes (Serious and minor offences) ### Distribution of sentence length for custody (1999-2000) | Sentence length | Number of sentences | Percentage | |---|---|---| | LT 1 mth | 7,857 | 33.8% | | 1-3 mths | 10,102 | 43.5% | | 4-6 mths | 3,808 | 16.4% | | 7-12 mths | 1,211 | 5.2% | | 13-24 mths | 219 | 0.9% | | MT 24 mths | 18 | 0.08% | | Total | 23,215 | 100% | ### Cases to Custody: Canada & Ontario (1999-2000) | Charge | Canada N | Canada % | Ontario N | Ontario % | |---|---|---|---|---| | Theft LT $5,000 | 2,005 | 9% | 647 | 7% | | Possession (stolen goods) | 1,411 | 6% | 628 | 7% | | Failure to appear | 2,579 | 11% | 1,116 | 12% | | Failure to comply | 5,234 | 23% | 1,951 | 21% | | Subtotal | 11,229 | 48% | 4,342 | 47% | | Other thefts | 1,011 | 4% | 388 | 4% | | Mischief/damage | 726 | 3% | 265 | 3% | | B&E | 2,853 | 12% | 983 | 11% | | Minor assault | 1,521 | 7% | 808 | 9% | | Total (8 offences): | 17,340 | 75% | 6,786 | 73% | | Rate per 1,000 | 9.48 | 10.20 | ### Custody Sentences - Negative effects * Costs - Custody is expensive * Other Negative Effects: * A) interruptions in education (risk for crime) * B) disciplinary infractions much higher (vs adults) * C) bullying and victimization * D) trauma (lifetime stressor) (Increases/higher) * E) suicide risks Increased * Pattern * Exceptional circumstances ### Custody for Youth (YCJA) * Conditions: * A) Offences - Violent or indictable * C) Findings of guilt - of non-compliance with previous 2 non-custody sentences (including established sentence) * Reviewed yearly by court - Judge decides * Can be requested at 6 months; JR ### Cost of Custody (Bell, 2015) * Average cost per year ($80, 000/year) * Community residential programs ($8,000 - $12,000/year) * High-security programs (up to $126, 000/year) * In community: * Cheapest - probation($700/year) * Most expensive - Intensive Supervision ($7, 000/youth) ### Remand, Custody & Community Supervision (average daily counts, 2010-11) | Type of Corrections | Number | Percent | Rate | % Change in Rate from 2005-06| |---|---|---|---|---| | Custody | 669 | 5 | 3 | -30 | | Remand | 836 | 6 | 4 | 9 | | Total Custody | 1,505 | 10 | 8 | -12 | | Probation | 12,141 | 82 | 65 | -14 | ### IS&S * 425 - 3 - 2 - 70 - 2 - -6 * Deferred Custody and Supervision - 422 - 3 - 2 - 9 - -6 ### Race & Ethnicity issues (in Canada) * A) Practices in the system - discriminatory (police, courts) * B) Direct and indirect effect Decisions made (view "dangerous") * C) Sentences of custody More likely (even when severity of crime is controlled_ * D) Poverty Correlation between race/ethnicity and poverty - issue is poverty not race/ethnicity ### Indigenous Youth - Issues * Effects of colonialism Subjected to a Euro Canadian legal system ignores cultural differences; residential school legacy * Creates social problems Addictions, Suicide, Poverty * Cross-over kids Blend/Blur of child-welfare & youth criminal justice (Indig Youth higher risk) ### Indigenous Youth - Role of Culture How Indigenous culture is different from Non-Indigenous culture (affects youth). **Four core beliefs:** 1. Not burdening others with one's problems 2. Thinking about the present and future (vs past) 3. A focus on collective Rather than individual 4. Healing and reconciliation Emphasis ### Girls and Corrections * Overuse of custody Especially for failure to comply * Indigenous, Black girls Dipropionate use * Inadequate programs and facilities Because too few * Paternalistic decisions Protect girls - especially Probation officers &/or judge * Sentencing with "best interests" ### Challenges of Working with Delinquent & Aggressive Girls * Young girls in custody Get a "boys' system" * History of abuse Not addressed; girls are not conspiring up stories - but treated as such * American research More likely * Staff use demeaning language * Inappropriate touching, pushing, hitting and isolation * Strip searches - disrespectful Harmful to well-being ### Custody Workers' Perceptions of Gender Differences (Artz et al., 2000) [BC] **Boys** | **Girls** --- | --- Friendships - More enduring | Friendships - Established new pecking order (new girls added) Driven by cliques | Driven by Strong emotions, especially anger Dirty work | Dirty work Violence - Physical size & strength | Violence - Physical attractive Hierarchy - Onse others to do it | Hierarchy - Use others & get more power by using others Victimize | Victimize - Subtle non-verbal gestures Violence - Fight and move on | Violence - More elaborate & included more people; hold grudges ### Rethinking Correctional Responses to Girls * Constitutional and legal rights issues * Provincial laws to "protect" girls * Apprehension may increase victimization upon release. ### Poverty and Marginalization * Poor and marginalized overrepresented * Many girls in custody - initial contact CJS: runaway or prostitution (Not addressed - often result of abuse) * Solutions May be in education & non-traditional vocational programs & employment programs ### Options (other) * Foster care as alternative Leads to more abuse (neglect & abuse continue; some res indicates abuse at increased levels) * Group Homes - no female-centred programs * Less problematic Than foster homes * Not as successful (as it is for boys, as designed for them and their needs) ### New Issues (YCJA) * Age and adult accountability Youth held in adult institutions; or transfers at 18 * Pretrial detention: increasing Especially with Indigenous youth * Release conditions: criminalize more youth Because conditions are too restrictive for teens to live up to ### New Issues (YCJA) * Parental rights/supports - does not adequately support parents Who try to be effective; can't be there - court punishes * Cross-over kids: start in welfare system or foster care (under age 12) Who become involved in CJS; from one state program to CJS ### End This document presents a detailed overview of youth corrections, focusing on restorative justice, probation, total institutions, and particularly the challenges and complexities encountered by girls in the system. It highlights various issues surrounding race and ethnicity, indigenous youth, poverty, and the need for improved support systems. The document provides valuable insights and resources for understanding the complexities of youth corrections and the ongoing need for reform and better practices.