NCJ Number
57368
Journal
CHITTY'S LAW JOURNAL Volume: 24 Issue: 10 Dated: (DECEMBER 1976) Pages: 325-337
Date Published
1976
Length
9 pages
Annotation
CANADA'S JUVENILE JUSTICE SYSTEM IS A MIXTURE OF CRIMINAL LAW AND SOCIAL WELFARE; THE FAILURE TO UNIFY THE TWO HAS LED TO FAILURE TO ACHIEVE ITS GOALS OF REHABILITATION OF JUVENILE OFFENDERS.
Abstract
THROUGH THE USE OF PARENS PATRIAE, THE CANADIAN JUVENILE COURTS ATTEMPT TO PREVENT SOCIALLY AND ECONOMICALLY DISADVANTAGED YOUNG PEOPLE FROM BECOMING CRIMINAL OFFENDERS. THE JUVENILE JUSTICE SYSTEM INTENDS TO REFORM, NOT PUNISH, JUVENILE OFFENDERS, TO IDENTIFY AT AN EARLY AGE POTENTIAL CRIMINALS, AND PROVIDE, THROUGH THE COURTS, A MEANS OF PREVENTING ANTISOCIAL BEHAVIOR FROM DEVELOPING INTO CRIMINALITY. THE PROBLEM IS THAT A SOCIAL WELFARE SYSTEM MUST BE ADMINISTERED THROUGH CRIMINAL JUSTICE PROCEEDINGS, AND THE GOALS OF REHABILITATION ARE NOT BEING FULFILLED. DIFFERENCES IN RATES OF PREVENTION OR REHABILITATION AMONG GROUPS OF CHILDREN RECEIVING NO TREATMENT AND THOSE RECEIVING INTENSIVE TREATMENT ARE NOT SIGNIFICANT. IN FACT, OVER 50 PERCENT OF ADULT OFFENDERS AT ONE TIME HAD BEEN JUVENILE OFFENDERS, IMPLYING THAT A STRONG POSITIVE RELATIONSHIP EXISTS BETWEEN ASSOCIATION WITH JUVENILE COURTS AND LATER ADULT CRIMINALITY. IT SHOULD BE RECOGNIZED THAT INCARCERATION CANNOT BE VIEWED, AND IS NOT VIEWED, BY CHILDREN AS REHABILITATION. IT CAN ONLY BE CONSIDERED PUNISHMENT, SERVING TO FURTHER STIGMATIZE THE CHILD AS DELINQUENT. INDIVIDUAL NEEDS ARE NOT TAKEN INTO ACCOUNT, UNREALISTIC GOALS OFTEN ARE SET, AND SERVICE GENERALLY IS MINIMAL. CANADA'S JUVENILE JUSTICE SYSTEM HAS FAILED IN ITS GOALS TO REHABILITATE BECAUSE OF THE TRAUMA AND STIGMATIZATION IT CAUSES CHILDREN. LABELING A CHILD 'JUVENILE DELINQUENT' GENERATES PRESSURES THAT PUSH THE OFFENDER FURTHER IN THE DIRECTION OF CRIMINALITY. FOOTNOTES ARE INCLUDED. (STB)