Youth in Conflict with the Law

ISBN-13: 9781773380308 / Angielski

Paul Maxim;Paul C. Whitehead

Opis

Employing a historical perspective, this well-regarded author team examines the relationship between police and youth offenders according to the Youth Criminal Justice Act (YCJA) and addresses the challenges officers face when dealing with young persons, the way police are perceived by young persons, and the strategies police use to positively interact with youth offenders. Procedures for arresting, questioning, detaining, processing, and sentencing young persons are clearly explained.Ideal for college police foundations students in Canada, Youth in Conflict with the Law walks readers through the various legislations established to protect young persons. This book encourages students to consider the problem of youth crime within social contexts, and, ultimately, to recognize the factors that lead youth to enter into conflict with the law.Features:contains excerpts from news publications and a complete reprint of the Youth Criminal Justice Act (2002)draws on different legislations, including the Juvenile Delinquents Act, the Young Offenders Act, the Canadian Charter of Rights and Freedoms, the Child and Family Services Act, and the Youth Criminal Justice Actoutlines the connection between youth and adult criminality

Spis treści

• Preface
• CHAPTER 1: OFFENDING BY YOUNG PEOPLE IN HISTORICAL PERSPECTIVE
• Introduction
• Young People and the Law
• Youth Crime as a Social Problem
• Responses to Youth Crime
• Institutional Responses
• Houses of Refuge
• Dissatisfaction with Institutions
• The Juvenile Court
• CHAPTER 2: LEGISLATION DEALING WITH YOUNG CANADIANS IN CONFLICT WITH THE LAW: A BRIEF HISTORY
• The Need for Context
• The Early Years
• The Juvenile Delinquents Act
• The Young Offenders Act
• Key Provisions of the Young Offenders Act
• Criticisms of the Young Offenders Act
• CHAPTER 3: YOUTH CRIME: HOW BIG A PROBLEM?
• Measuring Crime
• Official Statistics
• Self-Report Statistics
• Victimization Surveys
• Other Procedures
• Processing Counts of Crime
• Profile of Official Offenders
• Demographics
• Offences
• CHAPTER 4: CURRENT LEGISLATION RELATING TO YOUNG PEOPLE
• The Young Person and the Law
• The Criminal Code of Canada
• The Canadian Charter of Rights and Freedoms
• The Child and Family Services Act
• The Youth Criminal Justice Act
• Key Provisions of the Youth Criminal Justice Act
• CHAPTER 5: PROTECTING YOUNG PEOPLE: CHILD AND FAMILY SERVICES ACT
• Introduction
• Responsibility of Those Who Provide Services
• Functions of Children’s Aid Societies
• Circumstances to Be Considered
• Apprehensions, Role and Responsibilities of the CAS
• Warrants and Apprehension
• Police Powers
• Crown Wardship
• Media
• Prohibition: Identifying Child
• Temporary Orders
• Order for Assessment
• CAS’s Plan for a Child
• Placement of Wards
• Duty to Report
• Youth Justice
• Detention Programs or Facilities
• Rights of Children in Care
• Further Review
• CHAPTER 6: ARRESTING AND QUESTIONING YOUNG PERSONS
• Arresting Young Persons
• Who Is a “Young Person”?
• Basic Rights of the Accused
• Arrest
• Questioning the Young Person
• Explanations Appropriate to the Young Person’s Age and Understanding
• Notification to Parents
• Persons Under 12 Years of Age
• Putting It Together
• CHAPTER 7: EXTRAJUDICIAL MEASURES
• Extrajudicial Measures
• Police
• Appropriateness of Extrajudicial Measures
• Crown Prosecutors
• Crown Warnings
• Extrajudicial Sanctions
• Admissions as Evidence
• Right of Victim to Be Informed
• Court
• Looking Ahead
• CHAPTER 8: DETAINING AND PROCESSING YOUNG PERSONS
• Arrest and Detention
• Appearance before a Judge
• Conditions of Release
• Temporary Restraint, Temporary Detention, Secondary Cautions, and Bail
• Temporary Restraint
• Temporary Detention
• Secondary Caution to Charged Person
• Bail
• Records
• Fingerprinting and Photographing
• Police Records
• Government Records
• Other Records
• Period of Access
• Protection of Privacy
• Accessibility of Records
• Summary: Putting It Together
• CHAPTER 9: THE YOUTH JUSTICE COURT
• Jurisdiction: Youth Justice Court
• The Main Players
• Defence Counsel
• The Crown Prosecutor
• The Judge
• The Police
• The Trial
• Witnesses
• Sentences
• The Pre-sentence Report
• Pre-sentence Assessments
• Sentencing
• Extrajudicial Sanctions
• Youth Sentences
• Sentencing Options
• Adult Sentences
• A Case for Adult Sentences
• CHAPTER 10: CUSTODIAL SENTENCES
• Custodial Provisions
• Levels of Custody
• Terms of Custody
• Review of Sentences
• Re-integrative Leave Provisions
• Conditional Supervision
• Custodial Sentences
• Alternatives
• Conclusion
• Evidence of Implementation
• 
  CHAPTER 11: THE CRIMINAL JUSTICE SYSTEM: ITS OBJECTIVES AND THE PLACE OF RESTORATIVE JUSTICE
• The Objectives of the Criminal Justice System
• Restraint
• Retribution
• Specific Deterrence
• General Deterrence
• Symbolism
• Rehabilitation
• Restitution
• Youth Criminal Justice System
• Restraint
• Retribution
• Individual Deterrence
• General Deterrence
• Symbolism
• Rehabilitation
• Restitution
• Restorative Justice
• After the Conference
• CHAPTER 12: INTERACTION: YOUNG PEOPLE AND THE POLICE
• Young People and the Police
• Attitudes Towards the Police
• Age
• Social Class
• Misunderstanding
• Adversarial Contact
• Enhancing the Image
• Dealing with Young People
• Special Circumstances
• Child Endangerment
• Children Who Are Out of Control
• Dealing with Gangs
• Bullying
• APPENDIX: YOUTH CRIMINAL JUSTICE ACT
• Glossary
• References
• Index