+ Youth and Crime
+ Beliefs... Society should concentrate on preventing crime and devoting more resources to the rehabilitation of young people who break the law. Many adolescents will break the law and will simply make mistakes. Does this mean that all young people are destined to become criminals. Thoughts?
+ Facts Females between the ages of 12 and 17 represent one of the fastest-growing areas of youth crime in Canada. Serious violent crimes, such as murder or aggravated sexual assault, represents a small fraction of reported crimes committed by youths. Critics claim that popular entertainment that glorifies violence as well as mass media exaggerating behaviour of youth intimidates the older population. American youth commit homicide six to ten times more frequently than Canadian youth. At one point, children seven years of age and over were tried as adults (until 1908).
+ Factors can lead to criminal behaviour Abused or neglected children tend to be prone to violence. Parents who abuse drugs or alcohol or are involved in criminal activity can have a negative impact on a youth’s respect of the law. Youth who leave home and live are the streets may be more inclined to break the law.
+ Juvenile Delinquents Act Juvenile delinquents – children who committed crimes or were considered ‘unmanageable’ or ‘sexually immoral’. Also included children who ran away from home, skipped school. They were not treated like criminals but misdirected children who needed encouragement and help turning their lives around. Were often send to training schools to receive disciplinary and vocational instruction. Focused on the ‘welfare of the child’.
+ Young Offenders Act Replaced the Juvenile Delinquents Act in Shifted from a ‘welfare’ system to a criminal system. Minimum age moved to 12 years. Applied the same in all provinces. Held accountable for their crimes but at a lower level than adults. Recognized the Charter. With amendments to this act, youth could receive a sentence of 10 years for murder.
+ Youth Criminal Justice Act The purpose – long-term protection of society. Address the circumstances underlying a young person’s behaviour and focusing on measures that will impact the youth’s rehabilitation. Make the sentence match the crime – consider ways other than custody. Adult sentences are imposed by justice in youth court for first- and second-degree murder, attempted murder, manslaughter, aggravated sexual assault, and repeat “serious violent offenders”. The identity of these youths are made public after they have been sentenced.
+ Incapacity of Children The law assumes that children under the age of 12 are incapable of appreciating the nature and consequences of a criminal act and is, therefore, not criminally responsible. They are dealt with by consequences given by their parents or according the the social welfare and mental health laws of each province or territory. The police can apprehend a child and place the child in a temporary care facility. Children can be removed from their parents’ homes on a permanent basis and be placed in foster care. Violent children or those with serious behavioral problems can also be sent for treatment in a secure mental-health facility.