The Last Bastion of Rehabilitation: Contextualizing Youth Correctionalism in Canada

2018 ◽  
Vol 98 (6) ◽  
pp. 655-677
Author(s):  
Michael Adorjan ◽  
Rose Ricciardelli
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Correctional Officers ◽  
Youth Justice ◽  
Youth Criminal Justice Act ◽  
The Ideal

This article draws on research conducted with Canadian provincial correctional officers who have experience with youth in closed-custodial settings since the enactment of the 2003 Youth Criminal Justice Act. In Canada, where attempts to avoid a full embrace of the punitive turn seem to be persistent, we examine youth justice as the “last bastion” of the rehabilitative ideal as mediated by youth correctional officers. Our findings reveal that while officers retain a clear commitment to the ideal of rehabilitation and a desire to “save” young people, they are increasingly under siege by the changing context of prison, shifting managerial priorities, and the paradox of trying to help convicted youth in an inherently punitive environment.

scholarly journals The Admissibility of Young People's Statements under the Proposed Youth Criminal Justice Act

1969 ◽  
pp. 771
Author(s):  
Sanjeev Anand ◽  
James Robb
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Common Law ◽  
Case Law ◽  
Young Offender ◽  
Youth Court ◽  
Youth Criminal Justice Act ◽  
The Common ◽  
The Impact ◽  
Young Offenders Act

This article examines the impact of Bill C-7, the Youth Criminal Justice Act, on the admissibility of young people s statements. Although the proposed reforms appear to leave admissibility within the discretion of youth court judges, the authors argue that the YCJA significantly curtails the types of factors that judges can consider when assessing the admissibility of youth statements. The three sources of law applicable to young offender statements are examined: the legislative provisions, the common law rules of voluntariness, and ss. 7, 9, and 10 of the Charter. The authors analyze s. 146 of the YCJA, the applicable section to youth statements, and compare it to the previous version of the Bill and to the current provisions of the Young Offenders Act The case law concerning voluntariness and Charter rights are also discussed, as well as the potential interrelationship between the three sources of law. In addition, the article explores when youth statements made to a person not in authority will be inadmissible.

Net-Widening and the Diversion of Young People From Court: A Longitudinal Analysis With Implications for Restorative Justice

2010 ◽  
Vol 43 (1) ◽  
pp. 112-129 ◽  
Author(s):  
Jeremy Prichard
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Future Research ◽  
Youth Justice ◽  
System A ◽  
Police Records ◽  
Net Widening

Internationally, many youth justice systems aim to divert young people from court through informal mechanisms, such as police cautions and restorative conferences. Among other things, diversion avoids the potentially criminogenic effects of formal contact with the criminal justice system. However, in some instances, the sum of court appearances and diversionary procedures indicates an overall increase in the numbers of young people having contact (formal or informal) with the criminal justice system — a phenomenon known as net-widening. This article summarises previous debates about the risks of net-widening. It then presents results from analysis of over 50,000 police records pertaining to young people's contact with the Tasmanian criminal justice system between 1991 and 2002. Across that decade, court appearances markedly reduced, while a corresponding increase in diversions was recorded. There was no evidence of net-widening. However, there was a significant increase in detention orders. Implications for policy and future research are considered.

A Just System? How Punitive Youth Justice Systems Increase the Risk of Crime

2017 ◽  
Vol 42 (4) ◽  
pp. 233-239 ◽  
Author(s):  
Julie Edwards
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Person ◽  
Youth Justice ◽  
Children And Young People ◽  
Australian Institute ◽  
Justice Systems ◽  
Amp Clay

For children and young people who offend, contact with the justice system can lead to life-long offending, with evidence showing that the younger a child enters the justice system the more likely he/she is to have sustained contact and go on to reoffend (Australian Institute of Health and Welfare (AIHW), 2017). Local and international youth justice approaches that aim to rehabilitate or resocialise the child or young person often have more success in preventing reoffending (Elwick, Davis, Crehan, & Clay, 2013). So, what is it that makes an effective youth justice system, and how can we ensure that children and young people are diverted from the criminal justice system effectively and that those who offend do not continue into a life of crime?

scholarly journals The Role of Crime Victims under the Youth Criminal Justice Act

1969 ◽  
pp. 965 ◽  
Author(s):  
Kent Roach
Keyword(s):  
Criminal Justice ◽  
Equal Opportunity ◽  
Crime Victims ◽  
Young Offenders ◽  
Youth Justice ◽  
Victim Satisfaction ◽  
Costs Of Crime ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The author analyzes the role of victim involvement in extrajudicial and judicial measures under the Youth Criminal Justice Act and the overall direction of victim involvement and its possible impact on the development of youth justice. Unlike the Young Offenders Act, victim concerns are specifically recognized throughout the Youth Criminal Justice Act. With respect to judicial measures, reparation should be interpreted broadly to include young offenders' genuine attempts to make good the harms they have caused. The concept of reparation should provide an equal opportunity to pay the costs of crime. With respect to extrajudicial measures, the role of victims is difficult to assess. Tlie author encourages greater utilization of family conferences, as this extrajudicial measure has enjoyed success in New Zealand in reducing youth imprisonment and producing significant levels of victim satisfaction. Victims may well play an increased role under the Youth Criminal Justice Act but the actual effect of both punitive and non-punitive forms of victim involvement will depend on how the new Act is administered.

Rural Policing, Youth and Overlapping Fields of Youth Justice

Youth Justice ◽  
2020 ◽  
pp. 147322542092517
Author(s):  
Taryn Hepburn ◽  
Dale Spencer ◽  
Rosemary Ricciardelli
Keyword(s):  
Criminal Justice ◽  
Focus Groups ◽  
Police Officers ◽  
Youth Justice ◽  
Roles And Responsibilities ◽  
Canadian Youth ◽  
Youth Criminal Justice Act ◽  
Changing Roles ◽  
Current Article

In the current article, we document the changing roles and responsibilities related to the implementation of the Canadian Youth Criminal Justice Act ( YCJA). Police officers’ experiences and responses to the implementation of the YCJA reveal a disparity between the officers’ idealised role and their actual tasks involving youth. Drawing on Bourdieu’s theory of the habitus and field, we consider the field of youth justice and its effects on rural policing strategies in Canada. We consider the shifting standard for police behaviours from data gathered through interviews and focus groups with police officers. We find standards in the field of policing shift to reflect new realities enacted with the YCJA.

scholarly journals Evaluating the Extrajudicial Measures and Sanctions within the Youth Criminal Justice Act

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Kendell Semotiuk
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Data Collection ◽  
Restorative Justice ◽  
Young Offenders ◽  
Legal Process ◽  
Fund Allocation ◽  
Youth Criminal Justice Act ◽  
Positive Impacts

Since the introduction of the Youth Criminal Justice Act (YCJA), there have been some concerns about the effectiveness of young people utilizing extrajudicial measures and extrajudicial sanctions. This article investigates if the implementation of these measures has created positive impacts for young offenders or if it is equivalent to just “a slap on the wrist.” Using a lens of restorative justice, the strengths and weaknesses of youth circles, youth committees, and victim-offender mediation programs are examined. This article explores the roles of those involved within extrajudicial measures and sanctions and addresses the gaps that exist within this section of the YCJA. Ultimately, this article finds that the restorative justice practices of extrajudicial measures and sanctions are effective at supporting young people throughout the legal process. It discovers that the programs offered for young offenders can give them a voice in their situation and create a connection to their community. However, there are changes needed in the areas of consistent data collection, proper fund allocation, and programming availability.

The Experiences and Perspectives of African-Australian Community Service Providers Who Work with At-Risk and Justice-Involved Youth

2021 ◽  
pp. 0306624X2110226
Author(s):  
Stephane Shepherd ◽  
Aisling Bailey ◽  
Godwin Masuka
Keyword(s):  
Risk Factors ◽  
At Risk ◽  
Young People ◽  
Service Delivery ◽  
Community Service ◽  
Service Providers ◽  
Professional Staff ◽  
Youth Justice ◽  
Complex Needs ◽  
Australian Community

African-Australian young people are over-represented in custody in the state of Victoria. It has been recognized in recent government and stakeholder strategic plans that African-Australian community service providers are well placed to help address the increasing complex needs of at-risk African-Australian youth. However little is known about the capacities of such providers to effectively contend with this growing social concern. In response, this study aimed to explore the perspectives and operational (service delivery and governance) experiences of African-Australian community organizations which provide services to at-risk young people in Victoria. Through a series of in-depth interviews with the leadership of eight key African-Australian service providers, we aimed to identify their perceived strengths, obstacles faced and proposed strategies to realize key objectives. Perspectives on key risk factors for young African-Australian justice system contact were also gathered. Several themes were extracted from the interviews, specifically (i) Risk factors for African-Australian youth justice-involvement (school disengagement, peer delinquency, family breakdown, intergenerational discord, perceived social rejection), (ii) The limitations of mainstream institutions to reduce African-Australian youth justice-involvement (too compliance focused, inflexible, business rather than human-centered, disconnected from communities and families), (iii) The advantages of African-Australian community service providers when working with African-Australian youth (community credibility, client trust, flexibility, culturally responsive), (iv) The challenges faced by African-Australian service providers (lack of funding/resources, professional staff shortages, infrastructural/governance limitations), and (v) “What works” in service provision for at-risk African-Australians (client involvement in program design, African staff representation, extensive structured programming matched with client aspirations, prioritizing relationship building, persistent outreach, mental health and legal literacy for clients and families). Implications for service delivery and social policy are discussed within.

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