The Youth Criminal Justice Act
The Youth Criminal Justice Act directs the youth justice system in Canada. The first systema/law was the Juvenile Delinquents Act which became effective in 1908; it was replaced by the Young Offenders Act (YOA) in 1984. YCJA succeeded YOA in 2003. At the time of its introduction, there was a need for reforms in the criminal justice system. YOA was being criticized for overuse of courts and harsh punishment such as incarceration for misdemeanors. Additionally, there was unfairness in sentencing as well as numerous disparities. Furthermore, the system did not encourage rehabilitation and reintegration of people who finished their sentences. This paper proves that the Youth Criminal Justice Act has reduced the rate of laying charges and incarceration, and encouraged rehabilitation and greater accountability.
Declaration of Principle
The Youth Criminal Justice Act has a Declaration of Principle that has provisions aimed at achieving goals that were not achievable with past youth justice systems. For example, it provides that young people should be held answerable through procedures that match the gravity of offenses and degree of accountability (Youth Criminal Justice Act, 2018). It also provides for diminished moral culpability. It promotes fairness and repair of harm done. Other goals include emphasizing respect for societal values. These are effected through programs/measures such as police cautions in which a suspected offender, or the parents, get a notification to appear at a police station. The offender is then warned and advised against committing further offenses by a police officer, often a senior one. Police departments can also refer young persons to community programs.
Unique Position of Youth in Society
Different goals of the Youth Criminal Justice Act speak to the unique position of the youth in the society. Correction of youth through direction, mentoring, warning or community service is not as harsh as incarceration, and it demonstrates that the society gives second chances. The emphasis that admission of responsibility does not necessarily amount to a plea of guilty to some alleged offense. Thus, young persons are encouraged to be accountable and redeem themselves of any areas of irresponsibility. Since the introduction of YCJA, there is an increase in the use of informal correction measures and a decrease of laying charges. For instance, in 2010, only 42 percent of youths were charged of a crime; in 1999, 63 percent of youths were charged (The Youth Criminal Justice Act Summary and Background, n.d.). YCJA emphasizes family values and guidance of the parent or guardian. Indeed, many parents are called upon to guide their children when found guilty of an offense. This way, young persons are also trained to be good parents in the future.
Social Order, Rehabilitation, and Protection of Youth
I believe that the Youth Criminal Justice Act seeks to balance social order and crime control with rehabilitation and the general protection of youth. There are increasingly many custody cases involving offenses such as mischief, theft, handling of stolen property, and common assault. Laying of charges is less common today. YCJA reduced the rate of incarceration significantly immediately after its introduction, and the rate has been stable. It has not only encouraged the development of values but also protect young persons from life in prison, where they may be become hardened criminals. Only the youth that commit very serious offenses such as murder and manslaughter receive an adult sentence. Through community programs, social workers guide young persons found guilty of offenses to be compassionate and humane. The identity of young people is usually protected through such rules as those that forbid publication of their name. Such measures not only prevent detrimental outcomes such as endangerment of public safety but also support rehabilitation efforts.
Works Cited
The Youth Criminal Justice Act Summary and Background. (n.d.). Retrieved from Government of Canada: http://www.justice.gc.ca/eng/cj-jp/yj-jj/tools-outils/back-hist.html
Youth Criminal Justice Act. (2018, February 8). Retrieved from Justice Laws Website: http://www.laws-lois.justice.gc.ca/eng/acts/Y-1.5/index.html
