Sociology 2267A/B Final: final exam review
27 Apr 2018
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1
Historical overview and the social construction of youth problems
Juvenile justice before 1908
• Doli incapax 'the incapacity to do wrong'
o Developed under English common law
o Child under the age of 7 deemed incapable of committing a criminal act
• Extended to children between 7-13, but can be rebutted (sufficient intelligence and experience to
know they have done wrong, then they were treated as adult)
o Childe do’t hae etal apait to do og
• Lack Mens Rea (guilty mind)
o Homunculus
• Prior to 1908, means that kids aren't thought of as children, but small beings
• Dressed same as adults
• Upper canada (ON)
o Opened its first prison at Kingston in 1835 and
o 1839
• 6 boys between 12 and 15
• 24 boys between 16 and 20
• 10 year old boy committed, lashed 57 times for staring and laughing
o 1849
• Brown commission report documenting a variety of serious problems
• Patterns of delinquency
o New brunswichk: 1846-1857
• Most of the 300 young people put in prison convicted of drunkenness, theft and vagrancy (out without
an adult watching over you)
o Toronto feb-dec 1847
• 39 teenage boys convicted for larceny, assault, trespass and disorderly conduct
o By the late 1860s
• Much of the crime -minor in nature
• Manifested in urban more than rural areas
▪ Parents out working in factories, man and woman out working
▪ Because there is only the beginnings of infrastructure, community, education, there are kids on
the street because parents are working (most dying before age 5), most on the street are males
who get in to trouble (no supervision)
• Girls are at home, doing housework
• Boys committed crime more than girls
▪ Common denominator young offenders was parental neglect
▪ Neglect or necessity (labour laws created to push women out of factory)
Misguided hilde…
• Juvenile delinquency
o The legal term to describe violations of the law by persons who had not reached the legal age of adulthood
o Came into popular usage in the 19th century
o Cult of domesticity: training young girls to be homemakers, while boys are out causing trouble
o Most children charged with status offence: not an offence if an adult does it ex. Underage drinking
• Juvenile courts
o Specialized courts to apply juvenile justice laws in the case of dependent and delinquent children
The act of 1908
• Juvenile delinquents act (first act in Canada regarding this)
o Philosophically grounded in the doctrine of parens patriae
• The state could intervene as a 'kindly parent' in situations where a family could not provide for the
needs of its children
▪ State takes over when parents cant/wont
▪ Young person detained until hearing (shelters/detention homes)
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2
▪ If over age of 14 and charged for an indictable offence, they are moved to an adult/ordinary
court
▪ Names of children and parents are not published
• Bad because e do’t ko hat happeed to the ad thee as o stadadizatio
• Good because more options for punishment, no convicted youth could be placed with
incarcerated adults
• 'every juvenile delinquent shall be treated, not as a criminal, but as a misdirected and misguided child'
o Save the child movement -Kelso (WASP movement)
• Middle class, conservative
• Emily murphy (first female judge) was apart of this (also apart of eugenics)
Young offenders act (Bill C-61, 1981)
• Justice and crime
• Declaration of principle 3 (1)
o While young persons should not in all instances be held accountable in the same manner or suffer the same
consequences for their behaviour as adults, young persons who commit offences should nonetheless bear
responsibility for their contraventions
o Came into force april 2, 1984
• Designed to remedy the shortcoming in the treatment of juvenile delinquents
o Particularly the issue of offenders rights
o Ended the paternalistic handling of delinquents
o One of the shortcomings: due processing, needed to have standardization so people operate in the same
manner
• Rights and freedoms of juveniles
o Least restrictive of freedoms consistent with society, but being very well aware of the needs of young
persons
Criminal youth
• Youth criminal justice system
o A term often used today as a substitute for juvenile courts
• Argued that it indicates a shift toward treating young offenders more like adult offenders
Misguided hilde…iial outh
• Misguided children 1908
o Committed acts of juvenile delinquency best dealt with through juvenile courts
o Reformable young offender (term coined by Hogenveen: described construction of young offenders as
'trouble' and they need intervention)
• Criminal youth 1984
o Committed acts that are best dealt with through (youth) criminal justice system
o Punishable young offender
o More responsible, cant be treated as harshly as adults
Youth criminal justice act
• Came into force on april 1 2003 (replacing the young offenders act)
• Protect the public
o Hold youth accountable
o Promote rehabilitation and reintegration of youth back into society
• Youth eeds to e held aoutale, ut takes i to aout that the do’t hae the sae leel of
maturity as adults
• Prevent crime
• Majority of youth crime involve non-violent activities
o “hopliftig, possessio of stole popet, eah of poatio, elatiel io assaults that do’t iole
bodily harm
• Warnings:
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3
o Verbally (most effective at reducing recidivism= repeating the same crime), issuing a formal warning,
convene a conference to call together community partners for the purpose of making recommendations for
extra judicial measures
o Custody increases recidivism
• Accused youth -'not charged'
o Most cases: administrative justice offence (like status offence)
• Extrajudicial measures and sanctions
o Volunteer work
o Compensating or paying back the victim
o Attending a specialized program
o Can be applied where the young person take responsibility for the offense
• When enacted:
o Contained sections providing for harsher, adult-like punishment of violent young offenders
o Restricting the use of custody sentences for youth convicted on non-violent crimes
• Bifurcated youth justice system
o 2 pronged
o First time, less serious offenders (hold your hand) vs. increased punitive responses for serious repeat
offenders (more punitive)
• Omnibus Bill C-10, 2012
• Adulteration
o The dismantling of a distinct system of criminal justice for youth and the re-merging with systems of justice
for adults
Getting 'tough on crime'
• And youth offenders -why?
• Moral panic
o Exaggerated fears about social problems, including youth deviance, partly generated by the media
• Youth accused rate =youth crime rate (rate is based on accused not charged)
o Cant compare to CSI (because those have been charged and convicted)
The superpredator scare
• From 84-94
• Moral and political panic was problematic
• 80% of repeat youth offenders were living with either a mental/emotional/physical disability that was not being
addressed
• Number 1 factor in commission of offence: drugs (but there are MULTIPLE factors)
• Dynamic factors =can be changed
o Bored, frustrated, hanging with bad kids
• Static factors =cant be changed/hard to change
o Individual characteristics that you are born with (ascribed): impulsivity, low empathy, poor internalized
norms
RNR
• RNR model -risk need responsibility
o Model used fro everyone who is convicted and subsequently incarcerated
o Looks at risk of re-offending, targets specific criminogenic needs
o Addresses unique learning style and capability to learn
o This model can reduce recidivism by 30%
• Kids are very resilient
o Can help them by fostering positive adult interactions to help reduce toxicity found while being incarcerated
• Kids need to be provided with protective factors
• Balance dynamic security with static security approaches
o Dynamic =building positive relationships with adult
o Static =reducing the physical barriers and surveillance because kids are negatively reactive to that
• UN: Kids less than 18 should participate fully in decisions about their lives when they engage in criminal offences
find more resources at oneclass.com
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Document Summary
Historical overview and the social construction of youth problems. Juvenile justice before 1908: doli incapax "the incapacity to do wrong" Lack mens rea (guilty mind: homunculus, prior to 1908, means that kids aren"t thought of as children, but small beings, dressed same as adults, upper canada (on, opened its first prison at kingston in 1835 and. Juvenile courts: specialized courts to apply juvenile justice laws in the case of dependent and delinquent children. State takes over when parents cant/wont: young person detained until hearing (shelters/detention homes) Criminal youth: youth criminal justice system, a term often used today as a substitute for juvenile courts, argued that it indicates a shift toward treating young offenders more like adult offenders. Misguided (cid:272)hild(cid:396)e(cid:374) (cid:272)(cid:396)i(cid:373)i(cid:374)al (cid:455)outh: misguided children 1908, committed acts of juvenile delinquency best dealt with through juvenile courts, reformable young offender (term coined by hogenveen: described construction of young offenders as.
