The YCJA is a federal law that came into force on April 1st, 2003. It applies to all Canadian youths from ages 12 to 17. The YCJA is an ineffective law as, between Young offender rights and Public safety, Public safety is more significant by a huge margin. For instance, let's look at the “Media Ban” policy and how it doesn’t do enough to ensure public safety. The Media Ban policy “protects” young offenders names, preventing it to be released to the public unless one receives an adult sentence or is a “high” risk to the public. The “Stettler” case is a good example why this policy is inadequate. Three teenagers were charged with sexual assault and confinement of two girls, ages 12 and 13. Even the Principal, of the School those teenagers…
The main component of the juvenile justice system is that it is designed to cater to minors who break the law. The legal information institute categorizes it as; juvenile justice is the area of criminal law applicable to persons not old enough to be held responsible for criminal acts. In most states,…
The Youth Criminal Justice Act is the law that governs Canada's youth justice system. It applies to youth who are at least 12 but under 18 years old, who are alleged to have committed criminal offences. In over a century of youth justice legislation in Canada, there have been three youth justice statutes: the Juvenile Delinquents Act (1908-1984), the Young Offenders Act (YOA) (1984-2003), and the Youth Criminal Justice Act (YCJA) (2003-present). A set of amendments to the YCJA was adopted by Parliament in 2012. The purpose of this document is to explain the background of the YCJA, to provide a summary of its main provisions and the rationale behind them, and to highlight the experience under the YCJA.…
Youth ages twelve to seventeen are qualified under the Youth Criminal Justice Act, but ages eighteen and older are under the Criminal Code of Canada. The goal of the YCJA is to provide a fair and efficient youth justice system. How do they continue to keep this goal? The YCJA believes that the protection of society is the most important objective that needs to be practiced through prevention, serious consequences, and reconstruction or rehabilitation.…
Juveniles in the criminal justice system are a special population. Throughout history juveniles have been looked at as needing to be protected from the harsh realities that face adults daily. The juvenile justice system has primarily operated in a parens patriae capacity and protected the rights of those that were legally incapable of protecting themselves such as minor children and the mentally ill. From 1987-1993 the juvenile homicide rate doubled causing critics and conservatives to questions the approach of the juvenile justice community calling it ‘soft on crime’ Steiner &…
The purpose of the Juvenile Justice Act 1992 is to establish a code for dealing with youth offenders under the age of 17. The Act regulates the courts dealings with children who come in contact with the youth justice system. This includes police response, diversionary options of rehabilitation against detention, multiple sentencing options, operation of detention centres and recognition of family and community with particular reference to Aboriginal and Torres Strait Island communities. A review of the former Juvenile Justice Act 1992 commenced in May 2007. This review was an assessment of legislation to ensure it is providing the best practice youth justice system that has the capacity to adequately respond to demands and challenges of today’s…
Today, crime is an almost impossible thing to get rid of in our society. Every week we turn the TV on and see on the news of someone getting murdered, robbed, or hurt. But the way we punish these “criminals” depends on the circumstances of the offender. For example the way we punish adult criminals is not same way we punish youth criminals. Adults will always get punished harshly compared to youth when accused of a crime and the reason why is because of the youth criminal justice act (YCJA). The YCJA are the law that governs Canada 's youth criminals. It applies to youth who are at least 12 but fewer than 18 years old and the objectives of the youth justice system are crime prevention, rehabilitation and reintegration, and meaningful consequences. I think that the YCJA is fair and equitable in addressing youth crime in Canada because they give kids second chances and rehabilitate them so they can get back into society.…
Like majority of the world, the Canadian criminal justice system consists of three main parts: the police, the courts and the corrections. These three main parts are responsible for the smooth operations of our criminal justice system. However, there are other factors that can affect the fluency of our system; factors such as the legislations, the Canadian Charter of Rights and Freedom, the mass and ever-growing public media, and human behaviours and emotions. It is the intension of the writer of this assignment to point out and discuss some of the advantages and disadvantages of the Canadian criminal justice system under the influences of the four factors base on the writer’s academic experience and own thoughts.…
Under fire from the date of its creation, the debate over the validity of the Young Offender's Act continues. Should the YOA remain in its current form as a part of the Canadian legal system? An examination of the reasons it is seen as being ineffective, the need for change, and the suggested amendments and substitutes will provide an accurate picture of the situation from which a conclusion can be drawn. The young offenders act in its current form is nearly optimal. However, there enough reasons for its alteration that a serious consideration of amendments should be considered.…
The Youth Criminal Justice Act is represented in all of the following sources, but only 2 of them agree with and support the YCJA. The other one does support them to a point, but are saying that the punishments are not harsh enough for youth. Going back to the sources, in the first one Graham Long is stating that the law is already hard enough on young people. In his case he has been to many court hearings and almost all the young offenders that he sees are not the first priority to the judge, the victim is. I don’t blame the judge for this, but if you are going to be dealing with a child that’s 12 – 14 or so, I think that you should have some feeling for them. An example that he describes is in Drayton Valley, Alberta where a youth offender was ordered to pay the victim $25,000. This is a bit too much for a teenager to be paying; most of them don’t even make that much in a couple years even if they have a job. The second source that I am looking at has a complete opposite view. They think that a lot of the young offenders that do go to prison get off to easy, with not enough punishment and that they will probably be a repeat offender. The third and last source is a line graph that shows the number of youths charged with crimes. This graph is showing that in the early 1990’s youth that were charged with offences went up from 8000 to 9000 in as little as 2 years. These numbers start to drop after 2003 when the YCJA was first introduced. It is proven by statistics that about 80% of first time youth offenders will not break the law again. These 3 sources of information are just a few of the many examples of the different views and opinions of the Youth Criminal Justice Act. In my opinion I agree with the YCJA, in that youth should get punished for their actions depending on the age of the person. For example going back to source one, Graham Long is saying that kids don’t get off easy and that some punishments are a bit harsh. Giving a teenager a fine of…
In the year of 1982, Parliament passed the Young Offenders Act (YOA). Effective since 1984, the Young Offenders Act replaced the most recent version of the Juvenile Delinquents Act. The Young Offenders Act's purpose was to shift from a social welfare approach to making youth take responsibility for their actions. It also addressed concerns that the paternalistic treatment of children under the Juvenile Delinquents Act did not conform to Canadian human rights legislation.…
The Youth Criminal Justice Act (YCJA) is an act in respect of criminal justice for young persons and to amend and repeal other acts. It is made up of communities, lawyers, business people, families, parents and so many more. Canada is a party to the United Nations Convention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guarantees of their rights and freedoms. There are certain requirements for an adult sentence that this case upholds. Their motive, planning and age show that these two sisters have a right to be sentenced as a adult, generally having a length of 25 years to life.…
Imagine one day a 12 years old girl in your community killed her whole family, would you feel safe? And three 17 years old boys set your house on fire what would you want to do with those boys? The entire point of the Youth Criminal Justice Act is to make sure that if those kind of things happen to you or your community, the youth would get punished for what they have done. The YCJA became a law in 2003, under the Liberal Justice Minister Anne Mclellan. Since then less youth had gone through jail.…
Currently, Australia’s primary answer to offending youth, for serious matters, is incarceration. However, across Australia many believe that the incarceration of youth is still the stem of the issue of recidivism, and therefore, the issue cannot be solved until the incarceration of youth is removed. Between 2011-12 approximately $640 million was spent on the youth justice system nationwide, and even with this much there the recidivism rates are anything but favourable. Approximately half of the juveniles appearing before a youth or children’s court will have been convicted previously, and approximately one-third of juveniles appearing…
The purpose of this essay is to critically evaluate both the welfare principals and punitive principals that are paramount to the youth justice system, firstly by looking at what is meant by welfare approaches and how they have been used in adapting the Children’s Hearing System that is used in Scotland today when dealing with young offenders. Then looking at punitive approaches, how they are also used in dealing with young offenders and how they appear to be re-emerging back into the system in the form of the new youth courts which where piloted in Hamilton and Airdrie.…