...Introduction The Juvenile Justice and Delinquency Prevention Act (JJDPA) is the principal federal program through which the federal government sets standards for juvenile justice systems at the state and local levels. It provides direct funding for states, research, training, and technical assistance, and evaluation. The JJDPA was originally enacted in 1974 and even though the JJDPA has been revised several times over the past 30 years, its basic composition has remained the same. Since the act was passed in 1974, the JJDPA focused solitary on preventing juvenile delinquency and on rehabilitating juvenile offenders. Since the original enactment of the JJDPA in 1974, the periodic reauthorizations have been controversial, as the Act's opponents have sought to weaken its protections for youth, reduce prevention resources, and encourage the transfer of youth to the adult criminal justice system. The Juvenile Justice and Delinquency Prevention Act follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are, the Deinstitutionalization of Status Offenders (DSO), Sight and Sound separation, Jail Removal, and Disproportionate Minority Confinement (DMC). The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide...
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...Should the minimum age of criminal responsibility be raised? ‘Boys will be boys’, but at what age does this no longer apply? At what age is a boy expected to take on the responsibilities of a man? The Children and Young Persons Act 1963 (s.16) provides that ‘It shall be conclusively presumed that no child under the age of ten years can be guilty of an offence’. This means that once a child in the UK reaches the age of ten they are as exposed and liable to the full weight of the law the same as any adult. The UK currently has the lowest minimum age of criminal responsibility (except Scotland at 8 but cannot be prosecuted until 12) within the European Union. This places the UK significantly below the average of 14 years old. There seems to be little justification for this deviance from the norm in regards to the minimum age of responsibility in the UK and there have been considerable publications pushing for the UK to raise the minimum age of criminal responsibility in the last decade, providing substantial evidence in favour of doing so. The evidence supporting the need to raise this minimum age can be found not only in psychology and scientific research regarding the brain development of youth and autonomy of children at this age, but also the severe social implications of criminalizing our youth. In order to argue that the minimum age of criminal responsibility (MACR) should be raised it will be necessary to identify and evaluate this evidence, as well as identifying...
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...essay will examine issues that affect the criminal code and provide evidence that the Bill is not progressive for Canada to deal with crime and the judicial process. By looking at the issues such as mandatory minimum sentences and the proposition of the bill we will look at the challenges that will be faced and met. The bill also introduces eliminating conditional sentences and eliminates double credit for time already served as well as introduces changes to the Youth Criminal Justice Act to impose harsher sentences for young offenders. This essay will delve into information that will bring the various issues to light. Firstly an explanation of Bill C-10 will be provided to understand what changes will be made to the Criminal code and who it affects. The dissection of the Bill will open the dialogue for this essay for appropriating topical issues with the concept of progress in a manner that reflects the trouble that this Bill brings to Canadian society. Bill C-10 was introduced by the Minister of Justice on the 20th of September 2011. The Act includes the enactment of the Justice for Victims of Terrorism Act and amendments to the State Immunity Act, the Criminal Code, the Controlled Drugs and Substances Act, the Corrections and Conditional Release Act, the Youth Criminal Justice Act, the Immigration and Refugee Protection Act and other relevant legal documents (parl.gc.ca). Bill C-10 is also titled the Safe Streets and Communities Act but many critics say that this title is very...
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...consider its usefulness in understanding youth crime and anti-social behaviour in Britain today. Labelling theory claims that deviance and conformity results not so much from what people do but from how others respond to those actions, it highlights social responses to crime and deviance Macionis and Plummer, (2005).Deviant behaviour is therefore socially constructed. This essay will describe in full the labelling theory and comment on the importance of the theory to the deviant behaviour of the youth and the anti-social behaviour of the youth in Britain today. The labelling theory becomes dominant in the early 1960s and the late 1970s when it was used as a sociological theory of crime influential in challenging orthodox positivity criminology. The key people to this theory were Becker and Lement.The foundations of this view of deviance are said to have been first established by Lement, (1951) and were subsequently developed by Becker, (1963).As a matter of fact the labelling theory has subsequently become a dominant paradigm in the explanation of devience.The symbolic interaction perspective was extremely active in the early foundations of the labelling theory. The labelling theory is constituted by the assumption that deviant behaviour is to be seen not simply as the violation of a norm but as any behaviour which is successfully defined or labelled as deviant. Deviance is not the act itself but the response others give to that act which means deviance is in the eyes of the...
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...SEE HOW WE CAN HELP Outline labelling theory and consider its usefulness in understanding youth crime and anti-social behaviour in Britain today. Outline labelling theory and consider its usefulness in understanding youth crime and anti-social behaviour in Britain today. Labelling theory claims that deviance and conformity results not so much from what people do but from how others respond to those actions, it highlights social responses to crime and deviance Macionis and Plummer, (2005).Deviant behaviour is therefore socially constructed. This essay will describe in full the labelling theory and comment on the importance of the theory to the deviant behaviour of the youth and the anti-social behaviour of the youth in Britain today. The labelling theory becomes dominant in the early 1960s and the late 1970s when it was used as a sociological theory of crime influential in challenging orthodox positivity criminology. The key people to this theory were Becker and Lement.The foundations of this view of deviance are said to have been first established by Lement, (1951) and were subsequently developed by Becker, (1963).As a matter of fact the labelling theory has subsequently become a dominant paradigm in the explanation of devience.The symbolic interaction perspective was extremely active in the early foundations of the labelling theory. The labelling theory is constituted by the assumption that deviant behaviour is to be seen not simply as the violation of a norm but...
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...generally accurate. Every effort has been made to make it so. I should have preferred to have it state more facts and fewer broad generalizations from unstated facts. But the difficulties in securing accurate statistics, owing to the unsystematic and unscientific manner in which they are commonly kept in this country, often makes it impossible to get reliable statements of fact, although there may be sufficient available information to afford a fairly reliable basis of generalization. I am in entire accord with the conclusions "that enforcement of the National Prohibition Act made a bad start which has affected enforcement ever since"; that "it was not until after the Senatorial investigation of 1926 had opened people's eyes to the extent of law breaking and corruption that serious efforts were made" to coordinate "the federal services directly and indirectly engaged in enforcing prohibition," and that not until after the act of 1927 had extended the Civil Service law over the enforcement agents, were there the beginnings of such an organization as might have been expected to command the respect of other services, the courts and the public, and thus secure reasonable observance of the law and enforcement of...
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...violence, sexual assault, child abuse and homicides. Introduction to Victimology Victimology is the study of victims of crime and the interactions between the victim and the perpetrator (victimology, 2006). Victimology is to investigate the victims role in the commission of crimes and sometimes the psychological effect those crimes have on the victims (victimology, 2007). Today’s criminal justice system is a fairly new appearance, in the middle ages victims themselves were responsible for dealing with criminals on their own as there were no authorities to enforce the law. Murder has always been unacceptable behavior, but it was always up to the victims or their survivors to determine the course of action to be taken against the person committing the crime. In 2200 B.C.E. was when Law of Moses, the Code of Hammurabi and Roman law all consisted of elements to individual responsibility for harms committed against others (Doerner & Lab, 2008). It was until the 1940’s that the criminal justice system decided to not only focus their time in trying to understand the criminal activity and criminal behavior but to focus on the victim and possibly be a contributor to their own demise instead of a person that needed sympathy or compassion (Doerner & Lab, 2008). Hans Von Hentig and Benjamin Mendelsohn are two criminologists who began to explore the field of victimology by creating typologies. They are considered the "fathers...
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...people, blacks, women and other disadvantaged groups demanded a part in the shaping of national policy. They saw the gaps between philosophical political demands and reality: Blacks had little opportunity to advance women were kept in an inferior status; old politicians made wars in which the young had to die. Rebellion broke out, and some criminologists joined the revolution.[2] These criminologists turned away from theories that explained crime by characteristics of the offender or of the social structure. They set out to demonstrate that individuals become criminals because of what with power, especially those in the criminal justice system, do. Their explanations largely reject the consensus model of crime, on which all earlier theories rested. Their theories not only question the traditional explanations of the creation and enforcement of the criminal law but also blame that law for the making of criminals. It may not sound so...
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...Criminal Offences Criminal offences are dealt with by the police, they will arrest the suspect for what criminal actions may be and then will take them to the station for questioning. They will either release the suspect without a charge, will charge the suspect of an offence or bail the suspect and they will return at a later date, the suspect can be cautioned. However after an arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District...
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...The Practical Application of the Age of Criminal Responsibilities It is crucial to understand the purpose and the consequences of having the minimum age of criminal responsibilities set at a young age. There have been many studies completed that give appreciation to the rights of children and give an understanding of their specific capabilities. Being informed about children’s culpability, their competence to participate in the criminal justice system (CJS) and the consequences of criminalising them at a young age are crucial areas that need to be looked at in detail when thinking of setting with a minimum age of criminal responsibilities (Farmer, 2011). Adolescents are around the age of maturity and go through many developmental changes in life. It is of utter most importance to focus on the culpability of young individuals when it comes to unlawful behaviours they engage in, how competent these individuals are when it comes to engaging in the Youth Justice System (YJS), and the consequences of getting them involved in the criminal justice system at a young age. These issues must be addressed and taken into consideration when creating the minimum age of criminal responsibility. Culpability Culpability refers to understanding and being responsible for the actions and consequences of a wrong. During adolescence, there are substantial developments in executive functioning (EF), emotional processing and social cognition (Farmer, 2011). These EF skills play a critical role...
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...for these children and youth. However, we also know that the status of Aboriginal children and youth in Canada today is completely unacceptable” (Canadian Council Child Advocates, 2010). As social workers and our allies, we should use the media to advocate for these people and bring social justice to them through charity and nonprofit organizations through education, knowledge, and ideas that may help in making the society aware of the poverty impacts on those children in the future, as there is no complete statistical data of the well-being of First Nation's children and youths in Canada. At this moment in time, there is limited administrative data collected or analyzed as to the health, safety, and or well-being of Aboriginal children at a national level. In some provinces, better administrative data and projects matching data and outcomes have produced snapshots of what it means to grow up as an aboriginal child in that province. So, as workers for justice, we need to collaborate together and try to use what we have to fill the gap in data and statistics, and work it together to find a solution for this problem; but not from our perspective of view, rather, it has to be from an Aboriginal perspective. The aboriginal communities and tribes have their own values and beliefs which are different from the rest of Canada, and therefor we need to listen first to their story and what they want to achieve first, then, we, as one society, should act on that to bring change...
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...A Retreat in the CJS 1 A Retreat in the Criminal Justice System Stephanie Karam ENG1100BB Karenza Sutton-Bennett November 25, 2014 A Retreat in the CJS 2 Abstract In contemporary culture, an emphasis on a “tough on crime” criminal justice system has been a topic of debate amongst all citizens. In this paper, a comparison of statistical evidence and treatment rates will be discussed. The purpose is to stipulate evidence of declining crime rates, and alternative sanctions to the crime bill c-10. In addition, a consultation of rehabilitation methods and apprehension of why there is a disproportionality of Aboriginal people in the Criminal Justice System will be explored. The data discovered suggests that the legislation was enacted for political reasoning, without the consideration of underlying causes of criminal activity. Furthermore, rehabilitation treatments have shown to lower recidivism, and are used to stress the importance on investigating the root cause of criminal behaviour. Finally, the restorative justice model is adopted to promote the sense of moral wrong in the individual’s crime. A Retreat in the CJS 3 In recent years, the Canadian government has been working on implementing a stricter justice system. The omnibus crime bill C-10, was enacted in order to achieve this measure. The act consists of a concept in which includes harsher sentencing, mandatory minimums and a zero tolerance policy. This legislation attempts to put victims first, instead of defending the...
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...The Criminal Justice System, a system the British government set up to deal with the treatment of law-breakers, has three main goals to achieve social order, these are, (1) enforcing criminal law, (2) maintaining law and order in the society, and (3) helping victims. This may seem to be a well thought of system, but like any other organisation, there are flaws, and one of the major flaws is discrimination, and the bias that stems from discrimination. Discrimination on the basis of class, gender, sexuality and ethnicity operates at the level of attitude, on the street, in the home, at the workplace or at social venues. In regards to the Criminal Justice System, race and gender are always accounted for in court proceedings. As Smith in 1997 said, “the apparent ‘fairness’ of the criminal justice system does not mean that the outcomes will necessarily be unbiased”. Tonry in 1997 found that even though certain ethnic groups are far more often caught in the net of criminal justice than others, they have elevated rates of official offending which differ from one country to another. The major ethnic group in Britain and Wales being black people whose families originated from the Caribbean in the 1940’s. (cited in the Oxford Handbook). Black people find themselves subject to rules made for them by white people, it is also the same for other groups living in the same culture, e.g. it seems to be men that make the rules for the women in society, even though this seems to be changing...
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...Should Minors Who Commit Violent Crimes Be Tried As Adults? Thesis Statement Many adults come up with many reasons why youth involve themselves with acts of violence, there is never an actual answer to why they committed the crime, but the question of why they are being tried as an adult. Vicious misconduct is well-defined by the Division of Juvenile Justice as “murder, rape, severe attacks, and theft. These are all actions that sound terrible and cause for harsh consequences. Unluckily, there is an increasing development of adolescent violence; even “kids” under the age of sixteen are engaging in these vicious acts. When a child comes of age, they advance to being able to enjoy but not abuse adult liberties. Adolescents attain a numerous freedoms like the right to vote, buy a home, and buy tobacco goods and alcohol, however most importantly they become responsible for their behavior. Many aren’t aware of the temptations that come about once the age of maturity is reached. The mature criminal justice system is not meant to meet the desires of adolescent offenders. Solution (s) to Problems There are three problems when it comes to trying a child as an adult; it is impossible for a juvenile to stay alive in such harsh environments such as adult prison because of the age bracket and the absence of adulthood which can sometimes be taken advantage of by other offenders. Juveniles who are positioned in adult prisons are more likely to be repeat offenders because they become accustomed...
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...dynamic and less predictable. The reformation of the labour market, the extension of the maturity gap and the limited opportunities to become an independent adult are all changes influencing relationships with family and friends. Also, educational opportunities and choices, labour market participation, leisure activities and lifestyles often create hindrance in the way of developing adolescence normal behaviour. There are some new pressures that influence on young people while undergoing the transition from childhood to independence. The factors which create a bridge with the way of getting delinquent in Bangladesh are rapid population growth, the unavailability of housing and support services, poverty, unemployment and underemployment among youth, the decline in the authority of local communities, overcrowding in poor urban areas, the disintegration of the family, and ineffective educational systems are some of the pressures which young people are dealing with. Young people who are at risk of becoming delinquent often live in difficult circumstances. Children who for various reasons such as poverty, breakdown of the family, manipulation of...
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