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Exploring "Youth" in Court: An Analysis of Decision-Making in Youth Court Bail Hearings

NCJ Number
194452
Journal
Canadian Journal of Criminology Volume: 44 Issue: 2 Dated: April 2002 Pages: 143-164
Author(s)
Kimberley N. Varma
Date Published
April 2002
Length
22 pages
Annotation
This study analyzed decision-making in Canadian youth court bail hearings.
Abstract
Canadian judges and justices of the peace must balance the requirements of section 515 of the Canadian Criminal Code with the specific provisions of the Young Offenders Act, which identifies age and state of maturity as relevant factors when making decisions about youth suspected of violating the law. This study explored decision-making in youth court bail hearings with specific attention to the youth's age and apparent maturity in the overall bail decision. The study was based on observation of bail cases at four youth courts in the Toronto area from June to the end of August 1997. Findings suggest that legal factors and aspects such as whether the youth is living at home and attending school regularly are important considerations in decision-making in youth court bail hearings. However, the study describes as most significant the effect of the Crown prosecutor's decision on the outcome of a case. The article examines factors associated with the Crown's decision to contest or consent to release on bail. Tables, notes, references