SOC293H1 Lecture Notes - Lecture 12: Shadow Children, Young Offenders Act
Lecture 11: Law and Police
Structuring police discretion: the effect on referrals to youth court
Police discretion
- Canadian police have a duty to enforce the law but the authority not to charge in any particular case – even
the most serious cases
- Why do we care about discretion – you are able to say that law is not being applied in the same way because
individuals are making a choice (police force will also have different priorities)
Canadian legislation governing police discretion with young offenders
Criminal law applying to young persons and to adults is federal legislation that applies uniformly across the
entire nation (federal law = criminal law in Canada applicable across country)
However, although criminal law is a federal responsibility under Canadian Constitution, administration of justice
is provincial
- Federal laws are implemented differently in different provinces
Young offenders act – police could do alternatives without charging teenagers
- But even though it appeared to encourage alternatives, data showed that there was an increase in police
use of charges
- Alternatives – intended to be less intrusive than adjudication and sentencing in youth court
Replaced YOA with YCJA (alternative measures to extrajudicial measures)
- This is being black and white of what we are dealing with and why we are doing it (explicit)
When a young offender is given an extrajudicial measure, they are not being let off the hook (not an alternative)
Did the YCJA increase the use of extrajudicial measures?
Law did impact police action – decrease in charges and increase in non-charges (extrajudicial) after the
introduction of law in 2003
Much decrease in charges for minor offenses and a minor decrease in charges for serious crimes
Police is regional regardless of the federal law – there are dramatic differences between the countries before
the law but after 2003, the variability decreased
Law, police and race
How do police enforce the law?
Justice without trial (1966)
- Law restrains the exercise of police power but at the same time, police work in a dangerous environment
find more resources at oneclass.com
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Document Summary
Structuring police discretion: the effect on referrals to youth court. Canadian police have a duty to enforce the law but the authority not to charge in any particular case even the most serious cases. Why do we care about discretion you are able to say that law is not being applied in the same way because individuals are making a choice (police force will also have different priorities) Canadian legislation governing police discretion with young offenders. Criminal law applying to young persons and to adults is federal legislation that applies uniformly across the entire nation (federal law = criminal law in canada applicable across country) However, although criminal law is a federal responsibility under canadian constitution, administration of justice is provincial. Federal laws are implemented differently in different provinces. Young offenders act police could do alternatives without charging teenagers. But even though it appeared to encourage alternatives, data showed that there was an increase in police use of charges.
