NCJ Number
104374
Journal
Canadian Criminology Forum Volume: 8 Issue: 1 Dated: (1986) Pages: 1-14
Date Published
1986
Length
14 pages
Annotation
Despite well-formulated guiding principles underlying Canada's 1984 Young Offender's Act (YOA), the bureaucratic interests and ideological orientations of the implementers of the YOA have thwarted the act's intentions.
Abstract
Following 25 years of consultation, the YOA was enacted to replace the 1908 Juvenile Delinquents Act. In contrast to the 1908 act, which was based in the welfare model (orientation toward juveniles' rehabilitative needs) of juvenile justice, the YOA is based on three models. The crime control model emphasizes the maintenance of social order; the justice model focuses on procedures for ensuring due process and limited intervention for juveniles; and the welfare model addresses the needs of juveniles and their families. A study by Weiler and Ward 1 year after the YOA's implementation indicated a general misunderstanding of the legislation by criminal justice professionals and the increased use of pretrial detention for juveniles. A 1986 study by Leschied and Jaffe reports increased custody for juveniles under YOA and minimal compliance with the act in some Provinces. Much of the confusion associated with YOA's implementation is based on the three somewhat contradictory models embodied in the act. Persons and agencies implementing the act can choose to emphasize the model that accords with their own ideologies while deemphasizing the act's attention to other models of juvenile justice. The act must be modified to give priority to a single guiding principle to which local juvenile justice professionals must adhere. 50 references.