Treating the Violent Juvenile Offender (From Insights Into Violence in Contemporary Canadian Society, P 288-290, 1987, James M MacLatchie, ed. -- See NCJ-122437)

• NCJ Number: 122472
• Author(s): A Leschied
• Date Published: 1987
• Length: 3 pages
• Sale Source: John Howard Soc of Canada
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada
• Note: *This document is currently unavailable from NCJRS.

Annotation

The "just deserts" approach to managing violent juvenile offenders in Canada has led to more severe sanctions and a de-emphasis on treatment according to offender needs.

Abstract

The Canadian Young Offenders Act (YOA) reflects the "just deserts" criminological theory. After 2 years, three trends are evident in the YOA's implementation. First incarceration rates and length of stay have increased considerably. Second, the treatment disposition under Section 22 of the YOA has rarely been applied. Since April 1, 1984, only six treatment orders were made in the entire Province of Ontario. The third trend pertains to Section 16 of the YOA, which permits the court to consider an application to transfer a youth to either adult or ordinary court. In the 2 years of the YOA, such applications have increased in Ontario. Overall, the thrust of the use of the YOA has been the protection of the public from violent juveniles and due process and civil rights for the offender. There is no reason that the protection of society and due process rights must conflict with treatment. Juveniles should have the right to receive treatment according to their needs as well as the right not to be treated.