This website uses cookies to ensure you have the best experience. Learn more

Canadian Justice: The Youth Criminal Justice Act

2108 words - 8 pages

Youth within the Canadian justice system lose their identities. Their age places them under the jurisdiction of the Youth Criminal Justice Act. The criminal charges identify them as criminals and their “’character traits’ … label [them] for society” (1957:45). Such procedures as pre-sentencing reports, encapsulate their history and reduce the youth to “object[s] of a more or less easy absorption” (1957:45). It is this pre-sentencing report compiled by a probation worker that gives direction to the judge in determining a sentence. A probation officer will interview the youth, their families and friends and will create a picture of the character of the accused and how they plan to reform. This is used to help the judge determine sentencing but it is also used as a means to identify the character of the youth and his subsequent labelling and treatment in the future. This documentation will follow them throughout their youth within any governmental agency. Youth are misled by those within the system, not for their own good, but for what those within the system believe is in their best interest. This includes such things as plea bargains, chemical restraints and permanent labels; all of which rob them of their voices and their identities.
A risk-needs assessment is also developed by the probation officer that follows the youth to their custodial facility, group homes and community intervention programs. The risk-needs assessment was developed in the 1980s and is founded on an ideology that has three beliefs. The first is that criminal behaviour can be accurately predicted and the higher the risk means the more treatment that should be provided. The second is that this behaviour has triggers that cause it and these should be the focus of treatment. Finally, the treatment must be based on the responsivity principle. Bonta and Andrews of Public Safety Canada (2007:9) explain the responsivity principle as being meant to
Maximize the offender's ability to learn from a rehabilitative intervention by providing cognitive behavioural treatment and tailoring the intervention to the learning style, motivation, abilities and strengths of the offender.

This ‘strength-based’ approach to treatment continues in custodial settings now and is utilized in person-centred plans of care. These include such interventions as teaching an offender to “Replace procriminal friends and associates with prosocial friends and associates” (Bonta and Andrews 2007:14). The oversimplification of strategies such as this often creates an animosity between the offender and the treatment provider. Statistics will show when they are gathered by the treatment providers, that this treatment works well within the artificial environment of the custodial setting. A reduction in negative behaviour while in the custodial facility shows the effectiveness of the ‘evidence based treatment modality’ which will ensure further funding for its existence. Unfortunately, this is often a much different...

Find Another Essay On Canadian Justice: The Youth Criminal Justice Act

Roles and Challenges in the Canadian Criminal Justice System

862 words - 4 pages , books, and even the police themselves. Officers not only conduct a criminal investigation, but they also decide whether or not to proceed with obtaining an arrest which is a serious step in the justice process (Fleming, Ramcharan, Dowler, & de Lint, 2007, p. 2 & 4). Authors of The Canadian Criminal Justice System (2007, p. 4) states that because it is impossible to convict every single person who has broken the law, police officers may make

discuss law, the youth criminal justice system past and present

3441 words - 14 pages Canadian Charter of rights and freedoms, and society have a right to be protected from the offences committed by the youth, however, society's greatest interest is to address youth crime with social and community based solutions. Lastly the 2003 Youth Criminal Justice Act (YCJA) was introduced, which happens to still be in place today. This Act began major changes in the youth justice law including;"the philosophical underpinnings of the youth

Miscarriages of Justice: The Faults in the Canadian Criminal Justice System

1258 words - 6 pages The Canadian Criminal Justice System is a system that is rooted in fairness, justice, and equality. It does not discriminate against religion, sex, or race, and it is governed by the rule of equity. All this would suggest that the Canadian Criminal Justice System is one that Canadians can have faith in, knowing that the system will protect everyone: society from the criminals, and innocent people from wrongful incarceration. It is

improvements of our youth criminal justice system

1115 words - 4 pages of Commons, many significant improvements have been made in Canada’s youth criminal justice system on how to handle and care for young offenders. Some of the reasons why Bill C-7 was passed in Canada was because the bill before it, Young Offenders Act, had many problems and suffered large amounts scrutiny by Canadian Citizens. It’s because of these reasons that Bill C-7 had been revised multiple times before being passed, having previously been

Youth Criminal Justice: Not Punitive Enough

2488 words - 10 pages structure, the youth commit crime with no fear of harsh and severe punishment.SOURCESBala, Nicholas & Anand, Sanjeev (2004). The first months under the Youth Criminal Justice Act: A survey and analysis of case law. Canadian Journal of Criminology and Criminal Justice, 46, 3, 251-72.Barber, J., Doob, A. N. (2004, April). An analysis of public support for severity and proportionality in the sentencing of youthful offenders. Canadian Journal of

The Criminal Justice System

2417 words - 10 pages restorative methods in the 1998 Crime and Disorder Act as well as the 1999 Youth Justice and Criminal Evidence Act, citing the purpose of this legislation as a means for restoration, reintegration and responsibility (Walklate, 2005). The definition of restorative justice has often been cited as the following; ‘restorative justice is a process whereby parties with a stake in a particular offence come together to resolve collectively how to deal

The term "Criminal justice"

779 words - 3 pages wasrecently discussed on the news because she was infected with HIV from askin graft. Still people like Fred Phelps will freely picket people who areinnocent.Thomas Aquinas said, 'Justice is a certain rectitude of mind, wherebya man does what he ought to do in the circumstances confronting him. Dowe impart such rectitude of mind? And if we do no, will there be tolerableprivate or public order in the twenty-first century?' Despite our efforts tohave justice, we will never succeed in the society in which we live unlesssocial justice seeps into the laws that govern criminal justice. Then, theUnited States will truly be 'one nation with liberty and justice for all.'

The Criminal Justice System

3698 words - 15 pages The Criminal Justice System Is this a hellish nightmare that I have to awaken from? Caged and confined, thinking and pondering, I wonder what human is this that he should be subjected to imprisonment that neither improves nor corrects his soul? Is there no compassion for restoring a man to contribute to this nation? Or does the dark side of humanity see offenders of the law as utter undesirables unworthy of aid and therapy

The Criminal Justice System

901 words - 4 pages The Criminal Justice System The Criminal Justice System is one of the most important tools available to society for the control of anti-social behavior. The criminal justice system needs to prove a balance between punishing the guilty and protecting the innocent being found guilty; however it is not as easy to convict those who are guilty of committing crimes. There have been many miscarriages to justice where innocent

The Criminal Justice System

1487 words - 6 pages The Criminal Justice System After speaking with several different individuals, I think the reason I chose to use the responses and thoughts of Alissa C. in my paper is because she had straight yes and no answers with thoughtful explanations, and she had very few "I don't know" or "maybe" type answers. Alissa C. seemed genuinely concerned about the state of the criminal justice system and, obviously, had given it a great deal of thought

Criminal Justice

1556 words - 6 pages Criminal Justice This paper will describe my understanding of the text and of the lectures provided in the class. Unlike most classes, where I understood only my view of the text, this class was geared so each student would understand each other’s view. 3 An organization is a collective that has some boundary and internal structure that engages in activities related to some complex set of goals. Members of organizations attempt to meet

Similar Essays

The Youth Criminal Justice Act Essay

1157 words - 5 pages more minor offences committed by the youth in society. With that being said, the YOA went back to legislation to fix some of its problems and in return a new act called the Youth Criminal Justice Act [YCJA] or also known as Bill C-7 was enacted and became effective in April 2003 (YCJA: Summary and Background, para.4). Due to society's concern with youth involvement in crime, the Canadian government has developed an improved version of past acts

Youth Criminal Justice Act Essay

1657 words - 7 pages Justice is to lenient and does not control today's youths, it still does not meet the needs of how it should be in many ways. Many begin to debate whether we should improve our Youth Criminal Justice Act to match our adults punishment. Firstly our YCJA has not met the philosophy standards , youth crime rates have been increasing and if punishment are not sever they will continue to increase, and lastly our Youth and Criminal Justice Act are not

Youth Criminal Justice Act (Ycja) Essay

868 words - 3 pages passed the Youth Criminal Justice Act. Some thought a complete overhaul was needed, others thought minor changes would suffice, and still others felt that the Young Offenders Act was best left alone. In February 2002, the House of Commons passed the Youth Criminal Justice Act (YCJA). The Act came into effect in April 2003, replacing the Young Offenders Act (Mapleleaf). The new legislation attempts to balance the legalistic framework of the

Canadian Criminal Justice System Essay

2284 words - 9 pages Introduction The Canadian Criminal Justice System is, for the most part, reflective of the Charter of Rights and Freedoms and various Supreme Court of Canada case-law. Everyone who finds themselves on the opposing end of the Criminal Justice System is entitled to certain protections every step of the way, beginning even before the arrest; laws protect us from unreasonable investigative techniques, guarantee certain rights at point of arrest