NCJ Number
205341
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 46 Issue: 3 Dated: April 2004 Pages: 251-271
Date Published
April 2004
Length
21 pages
Annotation
This article examines the first months of implementation of Canada's Youth Criminal Justice Act (YCJA), whose major objectives are to hold youth proportionately accountable for their offenses, with an emphasis on rehabilitation, and to reduce formal court processing and incarceration.
Abstract
In examining how various provisions and intentions of the YCJA are being implemented, this article focuses on court decisions that provide some examples of judicial decisions under YCJA. Regarding diversion and extra-judicial measures, the article cites a case in which a 15-year-old girl who had serious mental health problems and was in the care of the child welfare authorities was found guilty of making verbal threats and assaulting staff after physical restraints were placed on her in the facility where she resided. She had eight prior findings of guilt for similar offenses. The sentence imposed was a judicial reprimand, one of the new noncustodial sentences provided by the YCJA. Regarding judicial decisions on pretrial release and detention under the YCJA, another case involved a detention decision regarding a youth with mental health problems who was living in a group home and was charged with mischief after smashing dishes and breaking walls and glass in the group home. Although the youth was assessed as being a high risk to reoffend if he were released, the youth could not be committed to custody if he were found guilty of the property offenses with which he was charged; the court concluded that there was no basis for rebutting the presumption that the pretrial detention of the youth was unnecessary. The authors' critique of this case faults the judge for not recognizing that a high risk for repeating a criminal offense is sufficient to rebut the presumption of pretrial release. Regarding proportionate sentencing, this article cites cases in which judges are imposing custodial sentences only for serious juvenile offenders, and such sentences are sufficiently long to provide the opportunity for the implementation of rehabilitative interventions for juveniles with serious criminal behaviors. Other cases cited pertain to the use of deferred custody and supervision and limitations on the imposition of adult sanctions for juveniles. It is clear from this analysis that variations in judicial interpretation of the provisions of the YCJA in individual cases will occur across courts and jurisdictions, such that controversy over youth justice issues is likely to continue, with attention to how the provisions of the YCJA are applied in particular cases. 2 notes and 33 references