Courts and Corrections. The Youth Court Process After the police lay charges.... –Decision made about pre-trial detention –Decision made about trial setting.

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Presentation transcript:

Courts and Corrections

The Youth Court Process After the police lay charges.... –Decision made about pre-trial detention –Decision made about trial setting (no longer issue under YCJA: No transfer process at all) –Decisions made re: conduct of trial re: judges, juries, etc.

Sentences (“dispositions”) are of three types: Secure Custody (+ “supervision” under YCJA) –Conventional secure custody –Intensive rehabilitative custody and supervision (YCJA) Open Custody (+ “supervision” under YCJA) Non-Custodial Dispositions…

Non-Custodial Dispositions Absolute discharge (no conditions) Conditional discharge (with apology, e.g.) Reprimand (YCJA) Probation Intensive support and supervision (YCJA) Attendance order (YCJA) Deferred custody and supervision (YCJA) Fine Compensation to victim Community service

Youth and Corrections: Issues Surrounding Custodial Dispositions Some Adult-Youth Comparisons: –Youths receive custody more often –Disparity greatest for minor offenses –Average sentence length for youths is greater for some crimes –Youths’ incarceration rates are slightly higher than adults’ and higher than many US jurisdictions

Trends in Custodial Sanctions since 1984: JDA to YOA Increase in Custodial Dispositions Decrease in Average Length of Sentence

Explanations for Custodial Dispositions The YOA imposed limits but not principles Judges’ justifications: –Rehabilitation/Child Welfare –Deterrence Specific Deterrence General Deterrence –Denunciation

Changes under the YCJA Proposes proportionate logical consequences approach Promotes increased reliance on warnings/cautions Promotes “extrajudicial sanctions” (aka AM) for all property offences and most violent offences Reserves custody for serious violent and repeat offenders

Sentencing Changes under YCJA (cont.) Establishes principles for sentencing: –Similar to youths under similar circumstances –Not exceeding sentence for adults for same crime –Must be warranted by the offence –Must take into account youth’s degree of responsibility