The sentencing of young offenders under the Criminal Justice Act 1982: July 1983-June 1985

1986 ◽  
Keyword(s):  
Criminal Justice ◽  
Young Offenders

“Do you understand these charges?”: How procedural communication in youth criminal justice court violates the rights of young offenders in Canada

Semiotica ◽  
2019 ◽  
Vol 2019 (229) ◽  
pp. 173-191
Author(s):  
Tara Suri
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Oral Language ◽  
Justice System ◽  
Young Offenders ◽  
Legal Professionals ◽  
Youth Criminal Justice Act ◽  
Government Of Canada ◽  
The Right ◽  
Criminal Courtroom

AbstractThis paper considers Canada’s young offenders in the context from which they enter the youth criminal courtroom. To determine how youth criminal justice courts violate the Canadian Youth Criminal Justice Act (YCJA), this analysis relates said context to several phenomena, including legal linguistics, oral language competency, literacy, communicative competency, non-verbal communication, the physical structure of youth courtrooms, and legal translation (Government of Canada eds. 2018. Youth criminal justice act. Ottawa: Government of Canada.). As a result of the standards of procedural communication upheld by the Canadian criminal justice system, young people’s rights, including the right to be respected regardless of cultural, ethnic, or linguistic differences, the right to be heard and to participate in proceedings, the right to be sentenced meaningfully, the right to privacy, and the right to be tried in a timely manner are abused in the youth criminal courtroom. Although insufficient structures of procedural communication cause these issues and are beyond the control of counsel, defense counsel are often blamed for their effects. Legal professionals must make important adjustments such as altering the formal speech required in youth criminal courtrooms, employing legal professionals with the role of translating legal jargon to young people in the courtroom, and closing youth courtrooms off from the public to reduce the YCJA violations occurring in youth criminal justice court. These adjustments are ultimately the responsibility of the Canadian criminal justice system.

scholarly journals Mental health provision for young offenders: service use and cost

2006 ◽  
Vol 188 (6) ◽  
pp. 541-546 ◽  
Author(s):  
Barbara Barrett ◽  
Sarah Byford ◽  
Prathiba Chitsabesan ◽  
Cassandra Kenning
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Young People ◽  
Health Services ◽  
Criminal Justice System ◽  
Depressed Mood ◽  
Justice System ◽  
Service Use ◽  
Young Offenders ◽  
The Relationship

BackgroundThe full costs of accommodating and supporting young people in the criminal justice system are unknown. There is also concern about the level of mental health needs among young offenders and the provision of appropriate mental health services.AimsTo estimate the full cost of supporting young people in the criminal justice system in England and Wales and to examine the relationship between needs, service use and cost.MethodCross-sectional survey of 301 young offenders, 151 in custody and 150 in the community, conducted in six geographically representative areas of England and Wales.ResultsMental health service use was low despite high levels of need, particularly in the community Monthly costs were significantly higher among young people interviewed in secure facilities than in the community ($4645 v. $ 1863; P < 0.001). Younger age and a depressed mood were associated with greater costs.ConclusionsYoung people in the criminal justice system are a significant financial burden not only on that system but also on social services, health and education. The relationship between cost and depressed mood indicates a role for mental health services in supporting young offenders, particularly those in the community.

Perceptions of Fairness and Satisfaction in Lawyer–Client Interactions Among Young Offenders in Hong Kong

2016 ◽  
Vol 11 (2) ◽  
pp. 266-285 ◽  
Author(s):  
Wing Hong Chui ◽  
Kevin Kwok-Yin Cheng
Keyword(s):  
Hong Kong ◽  
Mixed Methods ◽  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Offenders ◽  
Regression Analyses ◽  
Mixed Methods Approach ◽  
Perceptions Of Fairness

This study used a mixed methods approach to examine the perceptions of fairness and satisfaction young offenders have toward their lawyers in the Hong Kong criminal justice system, drawing on procedural justice theory. A sample of 168 young offenders aged between 14 and 21 years old was surveyed. Regression analyses indicated that participants who had private lawyers were more satisfied compared to those who had duty lawyers. Two elements of procedural justice, participation, and trustworthiness, demonstrated the strongest influence on youths’ satisfaction with their lawyers. Supplementary interviews with 30 young defendants further explained the discrepancy, revealing that the limited amount of time spent by duty lawyers in meetings and their detached focus contributed to clients’ low perceptions of participation and trustworthiness.

Referral Orders after the Criminal Justice and Immigration Act 2008

2011 ◽  
Vol 75 (1) ◽  
pp. 45-69 ◽  
Author(s):  
Ian Edwards
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Young Offenders ◽  
Youth Justice ◽  
Youth Court

The referral order (RO) is the volume sentence in youth justice. The Criminal Justice and Immigration Act 2008 (CJIA) made important changes to the use of ROs for young offenders. This article analyses these amendments and evaluates the extent to which they signal a move away from the original rationales for ROs. I argue that the CJIA subtly changes ROs and that this shift broadens the availability of ROs, although the significance of the changes depends in particular on how youth court magistrates view the utility of ROs and restorative justice.

scholarly journals Norwegian Youth Punishment - Opportunity or Trap?

2017 ◽  
Vol 5 (1) ◽  
pp. 37 ◽  
Author(s):  
Morten Holmboe
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Young Offenders

The question of how the criminal justice system should deal with young offenders is an old one. Traditionally, the Norwegian criminal justice system has held that it should treat young offenders less severely than adults. The use of imprisonment is therefore restricted. In 2014, Norway implemented two new kinds of penal reactions directed towards young offenders, youth follow-up and youth punishment, inspired by the ideas underpinning restorative justice. The intention of youth punishment is that it is more severe but better suited than community sentencing when young people commit serious crimes. Consequently, the use of imprisonment for young offenders should be further reduced. In this article, I describe the rules concerning the sentencing and executing of youth punishment. Overall, I am of the opinion that while the premise underlying youth punishment is sound, the rules need to be amended to better reflect the expressed intent of the legislator.

NAMING AND SHAMING YOUNG OFFENDERS

2000 ◽  
Vol 59 (3) ◽  
pp. 421-471
Author(s):  
J.R. Spencer
Keyword(s):  
Criminal Justice ◽  
Young Offenders ◽  
Naming And Shaming

IN the criminal justice system’s scheme of unpleasant things, what official part is played by “naming and shaming” the offender?

Young Offenders, ‘Secure Colleges’ and Reforming Criminals

2015 ◽  
Vol 79 (3) ◽  
pp. 211-228 ◽  
Author(s):  
Zia Akhtar
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Responsibility ◽  
Empirical Studies ◽  
Young Offenders ◽  
The Uk ◽  
And Control

The UK government has decided on a policy goal that is set out in the Criminal Justice and Courts Bill 2014. This goal is to invest in ‘Secure Colleges’, which are institutions planned to make young criminals ‘better citizens not better criminals’. The question is: What is the role of punishment: deterrence, incapacitation or rehabilitation? This article considers the juvenile justice system in Scotland with reference to the objectives set out in the Kilbrandon Report in 1964 and evaluates the perspective of early criminologists who state that offenders exercise a free choice in embarking on a life of crime. It is also evaluated in the light of those empirical studies that expose the harsh discipline and control in prisons as ‘oppressive’ and not likely to reform the offenders. The UK policy regarding young offenders underwent a change after the James Bulger murder in 1993 and became a deterrence-based approach. This has led to measures on both sides of the border which were retributive, such as the lowering of the age of criminal responsibility and the early intervention of probation services. This article considers the modern themes of juvenile justice and argues that the ‘Secure Colleges’ will be a corrective institution that should inculcate a more informed policy towards reintegration for the young offenders so that they emerge from the criminal justice system as improved citizens after completing their sentence.

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