Canada's Young Offenders' Act: The Challenge of Responding to One of Its Central Principles That Youth Have Special Needs (From The Future of the Juvenile Justice System, P 223-236, 1991, Josine Junger-Tas and Leonieke Boendermaker, et al., eds. -- See NCJ-133019)

• NCJ Number: 133035
• Author(s): M Kirvan
• Date Published: 1991
• Length: 14 pages
• Sale Source: ACCO Tiensestraat 134-136
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Belgium
• Note: *This document is currently unavailable from NCJRS. A paper from an international conference on the future of the juvenile justice system, May 29-31, 1989, in Noordwijkerhout, the Netherlands.

Annotation

This paper discusses Canada's implementation of its Young Offenders' Act which mandates the juvenile justice system's response to a juvenile's needs in accordance with the offending behavior at issue.

Abstract

The paper first outlines the philosophy of the Young Offender's Act. It recognizes that juveniles must be held accountable for criminal acts, but not always in the same manner or to the same extent as adults. It extends rights and safeguards to youth that go beyond those guaranteed adults; and it recognizes that youth, because of their adolescence, have special needs and circumstances that must be considered in any discussions made pursuant to the Young Offenders' Act. The act specifically states that young persons who commit offenses require supervision, discipline, and control, but because of their state of dependency and level of development, they also have special needs that require assistance and guidance. After a review of these features of the Young Offenders' Act, this paper identifies the legislative tools that aid in the identification of the special needs of youth and practical problems in their use. Also considered are the sentencing responses that have the potential to address the special needs of a particular youth. The final section of the paper identifies issues central to the preservation and legitimate justification of a distinct juvenile justice regime.