Youth Justice Chapter 1, 2, 3 Quiz PDF

Chapter 1:Public Issue ​ Youth crime has generated considerable public concern and discussion ​ As the 21st century began, concerns about youth behavior expanded to include school violence. ​ For the next decade, Canadian newspapers continued to report shocking cases of violent youth...

Chapter 1:Public Issue ​ Youth crime has generated considerable public concern and discussion ​ As the 21st century began, concerns about youth behavior expanded to include school violence. ​ For the next decade, Canadian newspapers continued to report shocking cases of violent youth behavior. ​ Moreover, the focus on youth violence is disproportionate to the actual prevalence of serious violent offenses committed by young people. Why does the media disproportionately report on youth violence compared to other types of crime? ​ Politics ​ More money profit ​ Raise public concerns about school, policies, youths ​ Marginalized groups ​ Pressure on politicians due to youth violence ​ Politics and money even if it has decreased ​ Easier to talk about than mental health issues for example ​ Attractive narrative Bl Government Response ​ Public concerns about the leniency of Young Offenders Act → politicians made youth crime key issue in 1993 federal election → YOA was revised multiple times → comprehensive review of the juvenile justice system was launched → In 2003, the youth criminal Justice act was passed to replace the YOA Media and the Politics of Youth Crime ​ despite the lengthy process and the introduction of the Youth Criminal Justice Act, media coverage continued to highlight disturbing stories about youth crime ​ swarming: young gather they do a mess, disorganized ​ joyriding: for example steal a car but for them is not stealing they will drive the car and just leave it somewhere Two Opposing Sides ​ Youth advocate: focus is on the problems faced by young people ​ Law and Order: focus is on how youth criminals are portrayed as an enemy of society Youth Advocate ​ Argued that youth crime had been exaggerated and misrepresented especially by the media ​ they don’t target individuals or youth , THEY blame society ​ rather than supporting punitive justice reforms, youth advocates pushed for policies addressing poverty and high youth unemployment as root causes of youth crime Law and Order ​ often represented in the media, viewed youth accused of crimes as a threat to society ​ included police,store security,small business owners ​ saw youth as disrespectful and increasingly violent Nunn Commission of Inquiry Law and Order: criticized the YCJA for being too lenient arguing it reduced custodial sentences and gave youth too many chances Advocates for the YCJA argued that the act itself was not the problem and the real issue was the lack of resources and support from resources and community.  Causes and Solutions: An Era of Control and Punishment ​ Several factors emerge as perceived causes of youth crime: 1.​ Parents a.​ lacking proper education b.​ blaming overindulgence and excessive tenderness from parents during infancy 2.​ Fur Trade a.​ attracted many young people seeking independence b.​ it was notorious for lawlessness including fraud, theft and violence 3.​ Immigration a.​ Impoverished europeans were promised a better life in the New World but many faced poverty,illness and death 4.​ Poverty a.​ Many lacked employment and those who found work often faced exploitation by dishonest employers ​ During the 18th century, various disciplinary measures were proposed to address youth crime such as: More school, more priests,confinement,military justice,increase in police The Victorian Public Issue ​ By the mid 1800s, the poor were targeted for allegations of immorality ​ Youth crime was often seen as a moral issue ​ Blame poor people for crime and target parents that they can’t control their kids ​ connection of crime,poverty and morality (MIDTERM) ​ they consider crime as a moral faith ​ much of the moral discourse target the children in the streets ​ Young women on the streets were also a concern not for their safety but for perceived danger to their morality ​ most of the emphasis of crime was tied to morality in the victorian era Causes and Solutions: An Era of Social Reform ​ 1850-1908:social reform movement ○​ concentrate on individual ○​ belief that they can change people, rehabilitate people,, government has enough authority to change people ○​ talk about humanitarian way of thinking ○​ belief that putting people in prison made situation worse, against punishment ○​ belief that rehabilitation helps better than prison ​ In 1908, The Juvenile Delinquents Act was implemented to make juvenile delinquent a legal status ○​ between 7 years old to 14 years old ○​ over 14 were treated as adults Canadian Child Servers ​ In the 19th century, Canada saw increased social reforms and growing concerns about the welfare of children and families. ​ promote child welfare program ​ The victorian child savers focused on: ○​ welfare of children and families ○​ emphasize on kids that have been neglected because they believe that there is not much difference with being delinquent as they will be potential criminals Myth and Facts about Youth Crime ​ Myth that nothing changes ○​ Youth crime in canada has remained consistent  ​ Myth of the good old days: ○​ believe youth crime is worse today ○​ young people lack respect for authority ○​ believe that crime is much more serious now but depends on the data Is Youth crime more serious now? ​ increased due to population growing ​ establishment of juvenile courts led to more policies and more youth being arrested ​ delinquency includes non criminal act as well ​ interpreting crime statistics is difficult due to inconsistencies in data and terminology. A sociological Perspective on Youth Crime ​ Put an individual in a context and then they analyze them, when they talk about youth crime they analyze the environment of the person in order to analyze youth crime. ​ who is behind constructing public issue Media, Moral Panic and Penal Populism ​ Media plays a role in labelling youth as a dangerous class to increase public fear, anxiety ​ Society reaction to youth crime is moral panic ​ Media publish news about youth crime but to reinforce stereotypes ​ They blame working class that they can’t control their kids ​ Target marginalized people ​ Media contextualized ​ Politicians who respond with policy that addresses moral panic rather than real numbers are engaging in penal populism ​ MIDTERM MCP) Penal populism: Policy implemented based on moral panic in the society, when governments make laws and policies based on the fear driven by the media to make harsher punishments. —-------------------------------------------------------------------------------------------------------------------------------------------- Chapter 2:Creating a Juvenile Justice System: Then and Now Youth Crime and Capitalism ​ One perspective on early youth crime laws is that they were developed to address concerns about rising poverty and youth crime in urban areas ​ Result of new urbanization: poor children on the streets and new crime committed by youth ​ this creates a fear among upper classes that the root problem of crime lies in the children of the poor and working or DANGEROUS class Youth crime and child savers ​ Another view of the origin of youth crime laws is that 19th century north american social reformers were influential in the creation of a separate justice system for juveniles ​ The sooner they start the intervention the sooner we save kids ​ believed that delinquency was the result of a bad social environment ​ these reformers were motivated primarily by humanitarian concerns and a desire to save children from harmful family influences and protect them from the full force of criminal law and the negative influences of adult criminal offenders The Canadian Juvenile System ​ The Canadian Juvenile System was officially created in 1908 through the passage of the juvenile delinquent act ○​ first canadian legislation about youth crime ​ These legislative changes evolved from early welfare and protection measures to the establishment of child and youth institutions ​ Kelso and W.L. Scott are credited with founding the juvenile justice:  ○​ Kelso, a Toronto reporter, advocated for poor children’s welfare and helped establish the Toronto Humane Society and Children’s fresh air fund. He pushed for moving delinquents from institutions to foster care ○​ Scott, after studying the US children’s court system, he helped implement probation officers in Ottawa and drafter the first version of Juvenile Delinquent Act passed in 1908 establishing a separate justice system for youth Juvenile Delinquents Act (1908-1984) ​ based on a welfare juvenile justice system = rehabilitation, changing kids ​ system grounded in the doctrine of parens patriae meaning parent of the country ○​ = a doctrine that gives the state the right to act as a parent or guardian to the youth offender ​ gave the courts extensive powers ○​ court has the power to send youth to adult court or keep them in the youth ​ based on hearings ​ juvenile cases were conducted privately ​ probation was a central element of the juvenile court ​ Scott argued that the probation officer's goal was to reform both the child and the entire family believing that this could only be accomplished by working with the child in their home, school, and workplace environments. ○​ He believed women were better suited for probation work due to their "nature" and because their labor, even among "better-class" women, could be hired at a lower cost than men’s. ​ Age of delinquency was set by province ​ provinces could set their own maximum age for determine ​ 16 in saskatchewan, ontario,NB,NS and Prince edward, 17 in BC and NF. 18 in QC and Manitoba, alberta had different age limits for boys(16) and girls(18) until 1978 Opposites to the JDA ​ Child advocates: saw the JDA as potentially abusive of the rights of children and their parents ​ Conservative critics: saw the JDA as not tough enough on youth crime ​ Police: ○​ feared that replacing existing children’s courts, run by police, would harm the reputation of the police ○​ too soft need to be harscher ​ Politicians: ○​ particularly fearing that they would not have legal representation ○​ their fate would be decided solely by probation officers and most importantly they would be denied the right to a trial ○​ child rights won't be respected Modifying the Juvenile Justice System ​ The US civil rights movement and Canada first bill of rights contributed to the rising push against the JDA welfare based approach ​ Other criticisms: status offences = acts that are criminal only due to the age of the offender. example: skipping school, sexual behavior, homeless were considered kids as criminal which was a issue of delinquent act ​ Other critics: cited the ineffectiveness of deterrence under the JDA ○​ JDA labelled all youth as potentially criminal ​ Other critics: there were inconsistencies in the application of the law ○​ varying sentence lengths based on individual circumstances rather than behavior a ○​ judges could order the youth held for an undetermined period until the youth was reformed ​ Reform efforts began in 1965 ​ April 1984: Youth Offenders Act came into effect it replaced the JDA Major Differences Between JDA and YOA 1984-2003 ​ The JDA viewed delinquents as misguided children in need of help while the YOA regarder youth as dependent individuals that need support,guidance,discipline and supervision to get back to the right path ​ 7 principles of Juvenile Justice Introduced by the YOA 1.​ Accountability: ​ YOA established a key principle of juvenile justice requiring young offenders to take responsibility for their actions ​ acknowledged that youth have limited accountability with their responsibility being less than that of adults ​ YOA introduced shorter maximum sentences for young offenders 2.​ Protection of society: ​ rehabilitation is best achieved by addressing the needs and circumstances of a young person 3.​ Special needs ​ refers to the social and psychological needs of a child ​ because of their immaturity and dependency relative to adults young people are said to have special needs 4.​ Alternative Measures ○​ when societal protection is not at risk alternatives to formal court 5.​ Rights of Young Person ○​ granting young people specific rights such as legal representation and right to be informed of their rights under the Act ○​ policy and law about how many questions and what type of questions should be asked, shouldn’t be intimidating, or feel pressured by the question 6.​ Minimal Interference with Freedom ○​ advocated for 7.​ Parental responsibility ○​ YOA did not focus on parental responsibility for the offenses but emphasized parental involvement in the justice process ○​ allowed parents to provide input on dispositions and transfers ​ YOA emphasis on justice principles created a justice model while others viewed it as a modified justice model due to the retention of some welfare principles from the JDA ​ YOA shifted towards a crime-control model Modifying the YOA ​ Some saw the law as too lenient ​ These revisions moved the YOA toward a crime-control model (get-tough approach). ​ These recommendations ultimately influenced the creation of the Youth Criminal Justice Act (YCJA). ​ The Youth Criminal Justice Act (YCJA) finally came into effect in April 2003 Principles of Youth Justice under the YCJA ​ Preserved the principles of the YOA but restructured the justice system shifting its focus and approach. ​ uses a crime-control approach ​ term juvenile replaced by youth ​ incorporated restorative justice principles: promoting reparation and the involvement of parents,victims and communities. ​ YCJA removed alternative measures as a main principle but still includes diversion through extrajudicial measures(instead of arresting the kids, they gave him warning/ refer them to community  service, rehabilitation system). This creates a more structured diversion system with more discretion for professionals. Children’s rights ​ Convention on the Rights of the Child of the United Nations, Canada became a signatory to the convention in 1991. ​ The UN Committee's recent report, following a 10-year review of Canada's children's rights, criticized the Conservative government's crime-control approach, stating that YCJA reforms are "excessively punitive" and a setback for children's rights in Canada. Chapter 3: The Facts of Youth Crime Measuring Youth Crime ​ media is the most common source of information ​ other major source is statistics it reports data provided by social control agencies(police,court) ​ third resource is researchers, they go to the field do some surveys collect data about youth crime ​ important to know if sources are credible to avoid misrepresenting youth crime ​ surveys and field research are much more accurate because they are designed by researchers to focus on the actual amount and nature of criminal activity ​ statistics that come from police,prisons reports the operation of organization about crime(how many cases are in a prison example) Sources and what they tell us about youth crime ​ Media ○​ information is accurate but don’t provide context, can be misleading, this lack of context can fuel public fears about a supposed youth crime wave ​ Police ○​ uniform crime reporting(captures offence,offender on 200 offence categories ​ Court Statistics ○​ do not measure youth crime, they only measure the cases that are dealt with through the courts ○​ court records can provide information about offenders and their offences ​ Self-Report surveys ○​ survey where the person reports on their own criminal behaviour ○​ include broader range of people not only concentrated on working,poor class ​ Victimization surveys ○​ asks individuals if they have been victims of various categories of crime ○​ focus on crimes against individuals and households ○​ crime against people are less reported than property crimes Profiling Youth Crime ​ Property crime is the most common of all youth offending behaviour ​ violent offences are less common but attract the most attention ​ sexual assault cases are rare but concerning ​ Murder is rare Measurement Issues ​ Validity: refers to whether we are measuring what we think we are measuring ​ Reliability: refers to whether we can repeat the results that we get ​ Self report questionnaires: ○​ Validity is considered to be problematic , the issue concerns the types of questions that have been included in the survey, what they measure and the usefulness of the responses. ​ Victimization surveys ○​ telescopic: when the victim remember accurately an event but don’t remember the time period ○​ measure events and not offenders making it impossible to estimate how many offenders are involved in a particular crime Which Source of Information is the Best? ​ Bartner: official statistics may not accurately represent all youth involved in serious crime. self fulfilling prophecy may occur where minority and poor are disproportionately included in these statics → police and courts treating these groups more harshly ​ Bartner also argues that the belief that middle class, non minority youth are less likely to commit serious crimes leads to less severe police responses ​ difficult to say if youth crime has increased or decreased ​ evidence suggests that overall crime levels are declining Crime under the YOA and YCJA versus Crime under the JDA ​ Media continue to suggest that courts are lenient and blame the YCJA ​ Higher crime rates under the YOA are likely the result of changes in legislation rather than increases in offending among youth ​ Youth crime has not increased progressively contrary to public claims and that changes in crime rates are more related to changes in law such as the YOA and YCJA rather than shifts in youth behavior