NCJ Number
96724
Date Published
1982
Length
287 pages
Annotation
Twelve chapters examine Canada's juvenile justice process, with attention directed to the police role, pretrial and trial procedure, jurisdiction, and sentencing.
Abstract
Introductory chapters view juvenile justice against the backdrop of constitutional limitations and questions of fundamental rights. The constitutional validity of the Juvenile Delinquents Act and elements of the Young Offenders Act are analyzed. The role of the police is discussed, with special attention paid to discretion, confessions, and fingerprints. The retention of counsel, voluntary probation and diversion programs, pretrial detention, and bail applications are considered under the overall topic of pretrial procedures. Additional chapters look at jurisdiction (exclusive jurisdiction, the definitions of 'child' and 'juvenile delinquent,' and territorial jurisdiction), the trial process (nature of the hearing, insanity, the child witness, and burden of proof), and sentencing. Factors to be considered in appeals, time limits for appeal applications, and the appeal process are examined. Transfer to adult court is discussed, with attention directed to initiation of proceedings, nature of the proceedings, factors to be considered, and problems after transfer. Treatment and its effectiveness, including the failure of parens patriae, are also explored. The volume includes 1,079 footnotes and an index.