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The Role Of Mental Health Professionals Under the YCJA Ryan C. Day, Ph.D, Psychologist April Jordan, B.S. Outreach Therapist
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History of Youth Justice in Canada Prior to 1908 children were treated similar to adults in the system (e.g. held in the same facilities as adults, received the same sentences) Prior to 1908 children were treated similar to adults in the system (e.g. held in the same facilities as adults, received the same sentences) In 1908 The Juvenile Delinquents Act came into affect – In 1908 The Juvenile Delinquents Act came into affect – Under the JDA, youth were treated "not as a criminals, but as a misdirected and misguided children." Under the JDA, youth were treated "not as a criminals, but as a misdirected and misguided children."
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History of Youth Justice in Canada Major problems with the JDA: sentencing was left to the discretion of the judge without a framework to help guide them, failed to recognize the rights of the child. Major problems with the JDA: sentencing was left to the discretion of the judge without a framework to help guide them, failed to recognize the rights of the child. Young Offenders Act of 1984 attempted to place tighter controls of sentencing: but was criticized for: Young Offenders Act of 1984 attempted to place tighter controls of sentencing: but was criticized for: for lacking a clear philosophy on youth justice in Canada; for inconsistent and unfair sentences; for not properly addressing serious and violent offences; for an overuse of the court system; and for not giving enough recognition to the victims. for lacking a clear philosophy on youth justice in Canada; for inconsistent and unfair sentences; for not properly addressing serious and violent offences; for an overuse of the court system; and for not giving enough recognition to the victims.
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History of Youth Justice in Canada The Youth Criminal Justice Act (YCJA) came into effect in 2003 The Youth Criminal Justice Act (YCJA) came into effect in 2003 Emphasizes rehabilitation and reentry of young offenders back into society Emphasizes rehabilitation and reentry of young offenders back into society Prevents crime by addressing the circumstances underlying a young person's offending behaviour Prevents crime by addressing the circumstances underlying a young person's offending behaviour Provide meaningful consequences for his or her offences Provide meaningful consequences for his or her offences
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History of Youth Justice In Canada YCJA YCJA An end to transfers to adult court. If the offender is found guilty in a youth court, the judge has the authority to impose an adult sentence. An end to transfers to adult court. If the offender is found guilty in a youth court, the judge has the authority to impose an adult sentence. Lowering the age of presumption to 14. Under the YOA, it was presumed youths aged 16 and over convicted of a serious offence such as murder were transferred to adult court. The new act lowers the age to 14, but individual provinces can adjust the age to 15 or 16. Lowering the age of presumption to 14. Under the YOA, it was presumed youths aged 16 and over convicted of a serious offence such as murder were transferred to adult court. The new act lowers the age to 14, but individual provinces can adjust the age to 15 or 16. Less emphasis on custody as a sentence for non-violent or less serious offences. Custody is to be reserved for violent and repeat offenders. Less emphasis on custody as a sentence for non-violent or less serious offences. Custody is to be reserved for violent and repeat offenders. Emphasis on alternative youth sentencing methods (out of court), such as referrals to community programs, formal letters of warning to parents, meetings with police. Emphasis on alternative youth sentencing methods (out of court), such as referrals to community programs, formal letters of warning to parents, meetings with police. Imposition of a new mandatory period of intensive supervision on all young offenders following their release from jail. Imposition of a new mandatory period of intensive supervision on all young offenders following their release from jail.
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The Forensic Adolescent Program Staffed by a group of psychiatrists, psychologists, social workers, nurses, an recreation therapists Staffed by a group of psychiatrists, psychologists, social workers, nurses, an recreation therapists Two primary purposes: Two primary purposes: To offer to the court professional opinions regarding the circumstances leading to the offence, future risk, and what needs to be done in order to rehabilitate To offer to the court professional opinions regarding the circumstances leading to the offence, future risk, and what needs to be done in order to rehabilitate Provide rehabilitative services Provide rehabilitative services
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Criminal Risk Factors Prior and Current Offences Prior and Current Offences Prior charges, multiple charges, prior custody Prior charges, multiple charges, prior custody Family Circumstances Family Circumstances Poor control, supervision, bad relationships Poor control, supervision, bad relationships Education/Employment Education/Employment Low achievement, problems with teachers, truancy Low achievement, problems with teachers, truancy Peer Relationships Peer Relationships Friends involved in crimes, gangs, no friends Friends involved in crimes, gangs, no friends
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Criminal Risk Factors Substance Abuse Substance Abuse Using at the time of the offence, dependency Using at the time of the offence, dependency Leisure Recreation Leisure Recreation Limited activities, no personal interests Limited activities, no personal interests Personality Personality Inflated self-esteem, aggressive, poor frustration tolerance Inflated self-esteem, aggressive, poor frustration tolerance Attitudes Attitudes Defies authority, not seeking/rejecting help Defies authority, not seeking/rejecting help
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Mental Health Disorders and Crime Many mental illnesses predispose youth to engage in illegal activity Many mental illnesses predispose youth to engage in illegal activity Psychosis/Schizophrenia Psychosis/Schizophrenia Bi-Polar Disorder Bi-Polar Disorder Substance Abuse Substance Abuse Post-traumatic Stress Disorder Post-traumatic Stress Disorder
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