Premium Essay

Youth Criminal Justice Act

In: Other Topics

Submitted By Bigyan12
Words 1575
Pages 7
The consequences of the Youth Criminal Justice Act [YCJA] can be referred as too light. Since the YCJA has taken over, youth crime is slowly decreasing. The discipline of the YCJA may need to become harsher. The YCJA has evolved from the harsh Young Offenders Act [YOA]. Stats on youth crime suggest that the YCJA is helping to reduce the amount of young offenders. Some cases suggest that the YCJA is not being tough enough with what young offenders are being sentenced with. The study of the human brain suggest that youths don’t understand the consequences of the crimes that they are committing resulting in the need for them to know the consequences. Through cases and the study of the human brain the YCJA needs some aspects changed for the better of society. The evolution of the YCJA has been formed from many different acts. Each act consists of similarities and differences between them. Different acts are formed over time to satisfy the needs of punishment as the world develops. The YCJA is the newest act which consist of similarities and differences of the YOA. The main difference of the YCJA and the YOA was the severity of the penalty for the crime committed. The YOA “was a highly controversial statute. While conservative politicians criticized the law for being ‘‘soft on youth crime,’’’ (Pulis). Since the YOA was soft on youth punishment, youths were not too concerned if they broke the law. Youths would break the law get a slap on the wrist and move on to committing more crimes. That is the main reason the YCJA was created. The YCJA was created “to reduce the use of courts and custody for the majority of adolescent offenders and to improve the effectiveness of responses to the relatively small number of young offenders convicted of serious crimes of violence” (Pulis). To reduce the amount of crime committed by youths, the YCJA was created. This act…...

Similar Documents

Premium Essay

Juvenile Justice and Delinquency Prevention Act

...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 The JJDPA was originally enacted in 1974 and even though the JJDPA has been revised several times over the past 30 years, its basic composition has remained the same.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......

Words: 6750 - Pages: 27

Premium Essay

Provide a Brief Overview of the Juvenile Justice System in Ireland and Analyse Its Response to Young Offenders Making Reference to the Children Act 2001 in Your Answer.

...juvenile justice system in Ireland and analyse it’s response to young offenders making reference to the Children Act 2001 in your answer. Responsible for driving and leading reform in the area of youth justice, and located in the Department of Children and Youth Affairs, is the executive office of Irish Youth Justice Service. The service is run by officials from the Department of Children and Youth Affairs and the Department of Justice and Equality, who’s Ministers, are both responsible for the Children Act 2001. The main aims and methods of the Irish Youth Justice Service are as follows: “…to improve the delivery of youth justice services and reduce youth offending. This challenge is met by focusing on diversion and rehabilitation involving greater use of community-based interventions and the promotion of initiatives to deal with young people who offend. Providing a safe and secure environment for detained children and supporting their early re-integration back into the community is also a key function.” (Irish Youth Justice Service, 2005) The Minister for Children and Youth Affairs, Frances Fitzgerald, who was elected in 2011 and has been Ireland’s first ever Minister for Children and Youth Affairs, is responsible for the three Children Detention Schools in Ireland which are located in Dublin, and also the Child Care aspects of the Children Act 2001. The Minister for Justice and Equality, Alan Shatter who was appointed in 2011 is then responsible for Garda Youth......

Words: 1224 - Pages: 5

Premium Essay

Bill C-10 Essay

...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......

Words: 3926 - Pages: 16

Premium Essay

Young Offenders

...public perception of youth crime is that it is growing out of control and that violence crime is common. Sensationalized media coverage, frustrated law enforcement officers and vote-seeking politicians, have tended to portray only parts of the overall reality of youth crime (John Howard Society, 2008). The government of Canada has evolved over the many years to deal with youth crime from installing the Juvenile Delinquency Act in 1908 all the way to the Youth Criminal Justice Act recently amended in 2012. What these acts have accomplished is the separation of youth and adult sentences (Stevenson, 2014). This was done in order to protect children because it is the belief in Canada that children are not responsible for their actions because of Doli incapax or the inability to do wrong. That being said there is still legislation in dealing with youth crime that is punishing and effective (Stevenson, 2014). This paper will analyze a court case decision made under the Youth Criminal Justice Act which involves a young offender who was convicted of a gang-related murder and breached Conditional Supervision Order (R. v. S.(M.), 2014). This court case will be analyzed using relevant research on youth gangs using concept of theories that apply to our young offender. In conclusion, this paper will discuss limitations of laws and possible alternatives that dealt with the young offender. A summary of R. v. S.(M.), the court based decision under Youth Criminal Justice Act. Legislations......

Words: 3723 - Pages: 15

Premium Essay

Should the Minimum Age of Responsibility Be Raised

...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......

Words: 4575 - Pages: 19

Premium Essay

Law Essay

...Should Youths be treated as Adults in the Canadian Justice System? Varun Thapar Due Date: March 1, 2011 Mr. Roberts The Youth Justice System was originally created in 1908; and was brought about because the government considered facilitating the youth so they wouldn’t be given the same sentence as adults. This early incarnation of youth legislation was called the Juvenile Delinquents Act This act was for young offenders with a guiding philosophy that juveniles are not criminals but children who need direction. An offender was classified to be between the ages of 7-18 could be tried in this system. The accused does not have a right to a lawyer, hearings were closed; and the charter did not apply. Examples of sentencing options were light and included fines and placements in foster care home. In 1984, the Young Offenders Act was changed to the idea that youths are less responsible for crimes than adults. Some of the amendments of this new act were a narrower range of age, 12-17 year olds and the accused must be advised of right to a lawyer, the Charter rights apply, and the accused could be sentenced to open or closed custody, and could be sentenced to 5 years for murder. In 2002, harsher punishments were introduced to the Act along with a change of name to the, Youth Criminal Justice Act. The driving idea for this act is that tougher sentences prevent crimes but rehabilitation is vital. It has been is debated as to whether or not youth should be given the same......

Words: 1657 - Pages: 7

Premium Essay

Juvenile Justice

...Running Head: Review Review [Name of the Writer] [Name of the Institution] Review Introduction The NSW Government greets the Noetic Group’s tactical appraisal of the New South Wales Juvenile Justice organization. The Government admits the Report’s judgment that the figure of young citizens in protection is increasing, it is essential for the demonstration of Aboriginal young community in safe keeping and those additional successful choices might be accessible to decrease recidivism surrounded by immature people. As the account notes, efficiently dropping juvenile offense is a multifaceted responsibility want a strategic move toward and synchronized action across government organizations, non-government organizations, and the society. Recommendations Reply to Report Recommendations proof- based advanced Efforts to decrease juvenile wrong should have their foundation on the obtainable embodiment. The Government powerfully sustains this approach. The Report submits to a broad variety of national as well as worldwide research on policies to decrease juvenile offending behavior and plans to sketch together the available body of confirmation on answers to the minor offense. The Government looks for out evidence on active young fairness practice from many sources counting interior research as well as reviews, other jurisdictions – national and international, academic, non-government associations and the Bureau of Crime Statistics and Research (BOCSAR). The confirmation......

Words: 1417 - Pages: 6

Free Essay

Effect of Intervention Programmes on Youth Crime

...Restorative Final Warnings: Policy and Practice DARRELL FOX, MANDEEP K. DHAMI and GREG MANTLE Darrell Fox is Consultant Social Worker, Havering Youth Offending Service, London Borough of Havering; Mandeep K. Dhami is Lecturer in Criminology, Institute of Criminology, University of Cambridge; Greg Mantle is Reader in Social Work, Institute of Health and Social Care, Anglia Ruskin University Abstract: This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement......

Words: 5918 - Pages: 24

Premium Essay

The Juvenile Justice System

...During the late 1800’s early 1900’s youth at one point were locked up with adult offenders, and those that were mentally ill. “Delinquent, neglected, and runaway children in the United States were treated in the same way as adult criminal offenders” (Siegel & Welsh, 2011). They were punished for minute offenses and some for non-criminal behavior simply because there was no other solution. “The adult criminal code applied to children, and no juvenile court existed” (Siegel & Welsh, 2011). Because of this Houses of Refuge were created. Houses of refuge were the early introduction to juvenile justice. A house of refuge was ‘the first institution designed to house poor, destitute and vagrant youth who were deemed by authorities to be on the path towards delinquency” (Center on Juvenile and Criminal Justice, 2013). They were created and designed by the child savers to target youth who showed signs of delinquent behavior. Houses of refuge were located in impoverished or urban areas. They eventually became overpopulated because it, like adult prisons, was housing delinquent juveniles with not form of rehabilitation. A new plan of action had to take place to correct this system. The top goal of the juvenile justice system is to prevent crime and by juveniles and rehabilitate those that were accused of offenses. The juvenile justice system began finding alternative ways to deal with deviant youth. In 1874 The Society for the prevention of cruelty to children or SPCC was created in...

Words: 999 - Pages: 4

Premium Essay

Crime

...juvenile justice system. In an age where the phrase juvenile super predator is often heard in the federal congress and state legislatures, the deep-end adolescent offender is a particular threat to public acceptance of the mission and objectives of juvenile justice. It is little wonder, then, that legislation concerning transfer is a near-universal feature of the politics of juvenile justice. The traditionally stated purpose of judicial wavier is to permit individualization of the decision whether a particular person is capable of being rehabilitated in the juvenile system-the amenability decision Fagan & Zimring (2000). In addition, the judicial wavier procedure provides a safety value for the juvenile system to exclude children who commit offenses that are believed to require the imposition of sanction that are beyond the capacity of the juvenile system to provide. Some form of judicial wavier or a substitute safety value is necessary in order to preserve the juvenile justice system politically within the context of modern penological expectations. It is difficult empirically to evaluate the contemporary role of judicial wavier in the overall context of procedures intended to sort out which cases should be filed and processed in the juvenile system and which in the criminal Fagan & Zimring (2000). While the general accounting office estimated that in most prosecutorial offices, judicial wavier accounted for a higher percentage of juveniles arriving in criminal......

Words: 1870 - Pages: 8

Premium Essay

Outline the Main Ways by Which Offending by Children and Young People May Be Prevented. Explain Any Conflicts You Feel May Exist with the Principles of Human Rights and Natural Justice.

...Outline The Main Ways By Which Offending By Children And Young People May Be Prevented. Explain Any Conflicts You Feel May Exist With The Principles Of Human Rights And Natural Justice. The aim of the question stated is to discuss how the New Labour Government has responded in terms of preventing children and young people from engaging in criminal behaviour and entering the youth justice system. In order to answer this statement the essay shall explore the various legislations implemented in an attempt to prevent youth criminality, discussing any conflicts that exist with the principles of Human Rights and Natural Justice. In Britain there are two types of Law, firstly Statutory Law, which are Acts of Law passed by the Parliament. Whereby the Parliament must check its consistency with the 1998 Human Rights Act (the HRA). The HRA ‘introduced European Convention on Human Rights into English Law’ (Crawford & Newburn; 2003: p16). The UN Standard Minimum Rules for the Administration of Juvenile Justice include: ‘The best interests of the child are paramount; judicial proceedings should be avoided where possible; any intervention should be kept minimum; police, prosecution or other agencies should be able to dispose of cases at their discretion; criminalizing and penalising young people should be avoided unless there is serious damage or harm to others; legal assistance should be prompt and free of charge’ (Crawford & Newburn; 2003: p16). The second type is Common......

Words: 3369 - Pages: 14

Premium Essay

Juvenile Offenders with Mental Health Issues

...legislation developed to protect youth in the juvenile and criminal justice system and address delinquent behavior, the volume and types of offenders, the limitations of the current Juvenile Justice System, and proposed modifications to the organizational structure of the system. Status offenders are juveniles charged with an offense that is only illegal because they have not yet reached the age of majority. The most common status offenses are “truancy, running away from home, incorrigibility (disobeying parents), truancy, curfew violations, and alcohol possession by minors.” (Steinhart, 1996) Additionally, according to statistics compiled by the American Bar Association, published in the JJDPA Fact Book, it is estimated that over 400,000 juveniles were arrested or held, nationwide, for status offenses in 2004 alone. Delinquency cases, acts committed by juveniles that, if committed by adults, could still result in criminal prosecution taxed the juvenile court system with estimated 1,653,300 delinquency cases nationwide in 2008. (Puzzanchera, Adams, and Sickmund, 2011) While mental health issues are not always indicative that a juvenile will act out, a much higher percentage of juveniles involved in the juvenile justice system, an estimated 50-75% (based on conflicting data from multiple sources) of youth in juvenile detention facilities, have diagnosable, untreated mental disorders. The Juvenile Justice and Delinquency Prevention Act, established in 1974 and......

Words: 2056 - Pages: 9

Premium Essay

Corrections

...10/01/13 Criminal Law Foundations Evaluation the Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain crimes and statutes set by the state the juvenile lives in. Juvenile law is primarily run by state law and most states enforce a specific juvenile code the system follows. The juvenile justice system primarily focuses on rehabilitation rather than punishment for youthful offenders. Society appears to concentrate that children are more capable of change than adult offenders more capable of knowing right from wrong ("Cornell University Law School," nod.). The statutes creating the juvenile court systems and methods of allocating with juvenile delinquency are run by courts as a suitable extension of state police power to warrant the safety and welfare of children in the system. The doctrine of parent’s patria allows the state to promulgate for the safeguard, care, custody, and upkeep of children within its jurisdiction. In 1968 the Juvenile Delinquency Prevention and Control Act was put into effect, and in 1972 it was put into revision as the Juvenile Delinquency Prevention Act. This act set forth to assist states in dealing with juvenile delinquent acts and......

Words: 1668 - Pages: 7

Premium Essay

Juvenile and Adult Courts: a Comparative Analysis

...the next business day. A youth must wait for an arraignment in the home venue court, if not from jurisdiction of a JDC. The court system for juveniles provides a mental health assessment, substance abuse screening, suicide screening, and education from municipality. Juveniles could get help from educational advocates, social work evaluations, and get assigned to an intake social worker. If a youth has been found guilty of a crime and committed to DCF, a court can have the juvenile get trained for an educational re-entry. The adjudication process that a youth are treated in the adult court system has increased during recent years to permit the transfer to adult court, at lower ages and for more offenses. (#221) (Torbet, Supra note 154. Campaign for an Effective Crime Policy, Public Policy Reports: A Series of Reports on the central issues in Criminal Justice; The Violent Juvenile Offender: Policy Perspective 5 (July 1996) from now on Campaign). Juvenile and Adult Courts: A Comparative Analysis The most common mechanism is that of a judicial waiver. A court waiver gives juvenile court judge's discretion to file, which provides prosecutorial discretion to file criminal charges against juveniles directly in criminal court, and statutory exclusion, which mandates juvenile prosecution in adult court. (#224 Campaign, Supra, note 22, at 5). Offenders that have been judicially processed criminal court included drug......

Words: 1478 - Pages: 6

Premium Essay

Term Paper

...study 1.3: Objectives of the study 1.4: Data collection process 1.5: Limitations 1.1: Introduction Juvenile Delinquency is a terrible problem in the unequal management system of society of the modern world. Juvenile Delinquency is increasing for the fast and speedy development of Industrialization and Urbanization. Industrialization and Urbanization make changes the Family structure which increases the propensity of Juvenile Delinquency. A large scale of people has been shifted to City town from rural area and keeps staying in the abdomen. This also increases Juvenile Delinquency. Now Juvenile Delinquency has emerged as a matter of concern in Bangladesh in recent times with the number of children and young people involved in "criminal activities" rising at an alarming rate. In most of the cases this is not a deliberate choice for the children. Numerous social factors coupled with poor parenting, family troubles and above all extreme poverty are pushing these children to this anti-social position. A child is born innocent and if nourished with tender care and attention, he or she will be blossom with faculties physical, mental, moral and spiritual into a person of stature and excellence. On the other hand, noxious surroundings, neglect of basic needs, bad company and other abuses and temptations would spoil the child and likely to turn him a delinquent. Therefore, expressing his concern for Child care, the noted Nobel Laureate Gabrial Mistral Long ago observed: ...

Words: 23351 - Pages: 94