NCJ Number
205343
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 46 Issue: 3 Dated: April 2004 Pages: 301-326
Date Published
April 2004
Length
26 pages
Annotation
This article reviews the primary sentencing provisions of Canada's new Youth Criminal Justice Act (YCJA) and compares them with sentencing rationales in adult courts; a number of normative issues spawned by the YCJA are also considered.
Abstract
The YCJA has a provision which states that "a sentence must not result in a punishment that is greater than the punishment that would be appropriate for an adult who has been convicted of the same offense committed in similar circumstances." This wording suggests that a repeat juvenile offender can receive a harsher penalty than an adult first offender, since their circumstances are not similar. Still, a number of references in the YCJA make it clear that when sentencing juveniles, judges should focus on reducing the use of custody. Although custody is discouraged as a disposition, accountability is important under the YCJA, but accountability is understood from the perspective of restorative justice, i.e., reparation for the harm done to the victim and the community and a commitment to rehabilitative goals that will eliminate a repeat of the harmful behavior. The use of sentencing to achieve rehabilitative goals has higher priority under the YCJA than in the adult criminal justice model. The sentencing objectives of deterrence, denunciation, and incapacitation are important in the sentencing of adults, but these are not stated objectives for sentencing juveniles. Although sentencing harshness that is proportionate to the severity of the offense is important in the juvenile justice system under the YCJA, it plays a lesser role in sentencing than in adult courts; however, the influence of this principle tends to increase with the age of the juvenile. The justification for imposing adult sentences on young offenders is not reflected in the provisions of the YCJA. Still, serious crimes committed by juveniles may result in relatively long terms of incarceration under the YCJA, but the purpose of the sentence is to provide an arena for rehabilitation for the juvenile while ensuring public safety. 13 notes, 34 references, and appended extracts that compare key legislative provisions that distinguish sentencing in juvenile and adult criminal courts