The JDA, YOA, and YCJA

Precursors to the JDA 1857: Speedier trials to reduce jail time 1857: Creation of reformatories for delinquents (one in Upper Canada; one in Lower Canada) … But before 1908, most juveniles were still detained in adult prisons.

The JDA (1908) Juvenile Courts Industrial Schools (for the neglected, dependent, and delinquent) Parens Patriae New categories of kids: –Status Offenders –Pre-delinquents –Neglected Children

Problems with the JDA Harsh, arbitrary, or trivial punishment Lack of due process Increases in youth crime

The YOA (1984) Standardized age of offenders Defined process of diversion (“alternative measures”) Mandated legal counsel Allowed only determinate sentencing Eliminated status offenses

Consequences of YOA Increases in all charges Increases in custody Permanent increase in violent charges Temporary increase in most other charges

Criticisms of YOA It was “soft” on young offenders (overwhelming public perception) It “widened the net” through use of AM

The YCJA (2001) Replaces “AM” with “Extrajudicial Measures” Formalizes use of “conferences” Discourages pretrial detention Provides sentencing principles Provides new sentencing options Changes procedures for “adult” sentencing Mandates “supervision” (i.e., “parole”)