Sunday, March 8, 2020

Free Essays on Young Offenders Act

On April 1, 2003 the YCJA was created (Youth Criminal Justice Act) this act replaced the Young Offenders Act. The change in legislation is because the federal government is trying to reform the Canadian youth. Most of the young people that are imprisioned is because of the distruction of and/or in relation to propety. Only 20% of young people in custody in Canada have actually committed some sort of violent offence. The incarcertion rate for youth is higher then the rate for adults. Young people tend to get longer sentences then adults do. The YCJA includes among all of it's provisions a "declaration of principle " This declaration says that the victim should be treated with courtesy, respect and compassion they are also given an opportunity to participate and be heard. It also says that the criminal justice department system for young people should "emphasize fair accountability of young people depending with the dependancy of young persons and lower level of maturity." The YCJA trys to divert more and more young people away from youth court through the introduction to extrajudicial measures. The YCJA requires police officers to consider a few of the extrajudicial measures before starting any judicial proccedings, it is up to the police at first to decide what they think is in the best interest of the young offender in the case of a offence these extrajudicial measures include: taking no further action, warning the young offender; administering a caution; a referral that the young person joins a group or organization that may help in assisting the offender to not commit any more offences. But the YCJA still seeks to have the young people take responsibility for their offences. The offenders that admit to doing the crime are allocated a easier extrajudicial sanction. These sanctions may include any of the following; apologies to the victim; community service; or paying restitution if crime is property related. ... Free Essays on Young Offenders Act Free Essays on Young Offenders Act On April 1, 2003 the YCJA was created (Youth Criminal Justice Act) this act replaced the Young Offenders Act. The change in legislation is because the federal government is trying to reform the Canadian youth. Most of the young people that are imprisioned is because of the distruction of and/or in relation to propety. Only 20% of young people in custody in Canada have actually committed some sort of violent offence. The incarcertion rate for youth is higher then the rate for adults. Young people tend to get longer sentences then adults do. The YCJA includes among all of it's provisions a "declaration of principle " This declaration says that the victim should be treated with courtesy, respect and compassion they are also given an opportunity to participate and be heard. It also says that the criminal justice department system for young people should "emphasize fair accountability of young people depending with the dependancy of young persons and lower level of maturity." The YCJA trys to divert more and more young people away from youth court through the introduction to extrajudicial measures. The YCJA requires police officers to consider a few of the extrajudicial measures before starting any judicial proccedings, it is up to the police at first to decide what they think is in the best interest of the young offender in the case of a offence these extrajudicial measures include: taking no further action, warning the young offender; administering a caution; a referral that the young person joins a group or organization that may help in assisting the offender to not commit any more offences. But the YCJA still seeks to have the young people take responsibility for their offences. The offenders that admit to doing the crime are allocated a easier extrajudicial sanction. These sanctions may include any of the following; apologies to the victim; community service; or paying restitution if crime is property related. ... Free Essays on Young Offenders Act ABOUT THE YOA The Young Offenders Act was proclaimed into law in Canada on April 2, 1984. It replaced the Juvenile Delinquents Act, which had been in place for the previous 75 years. The YOA brought about significant changes from that previous legislation. Many were considered controversial right from the beginning and the critics started complaining even before it was officially proclaimed. One group thought that it was too harsh and created a new "Criminal Code for Kids". Others said it was too lenient and allowed young people to avoid responsibility for their actions. Little has changed in that regard, despite amendments to the YOA over the past 15 years. The criticism continues from both sides with many looking back to the time of the Juvenile Delinquents Act. In this web page, I propose to examine that earlier Act, and then go on to discuss various aspects of the YOA. Needless to say, emphasis will be placed on those areas that have generated criticism or controversy. Comments will also be m ade about the new Youth Criminal Justice Act, which was recently passed by the Canadian Parliament but has yet to be proclaimed in force. JUVENILE DELIQUENT’S ACT The JDA was a mixture of both criminal law and child welfare ("child protection" in some provinces) law. It was a reaction to the perceived harshness of earlier laws that treated children who broke the law just like adult offenders. During the 17th and 18th centuries, the fundamental aim in criminal jurisprudence was not reformation but punishment. This applied equally to children and there were numerous reported decisions about young children who were hanged. By the late 19th century, reformers, who were incensed by the harshness of this, clamored for change. They sought to protect and redeem those who they saw to be the victims of vicious environments, unfortunate heredity and cruel treatment at the hands of parents and employers. Juvenile court reform was only ...