NCJ Number
124957
Journal
Perspective Volume: 14 Issue: 2 Dated: (Spring 1990) Pages: 8-10
Date Published
1990
Length
3 pages
Annotation
The Canadian "Act Respecting Young Offenders and to Repeal the Juvenile Delinquents Act," known as the Young Offenders Act (YOA) has departed from the parens partrine approach and the traditional development of criminal law to create a penal code listing the principles that govern the YOA.
Abstract
In holding that young offenders should bear some measure of responsibility for their criminal actions and that society should be protected from illegal behavior on the part of young offenders, the YOA had three major impacts on the management of young persons in conflict with the law. The act raised the age of criminal responsibility from 7 to 12 and established a uniform age of 18 for adult criminal prosecution. The legislation also requires that young offenders be kept separate from adult offenders. The second impact is that this act requires that young offenders be afforded all the rights accorded to adults under the law; parental involvement is called for at all stages of the criminal justice process. Finally, the legislation enacted various dispositions (Community Service Orders, Victim Offender Reconciliation, Restitution, Personal Service to Victims, and Fine Option) which had previously been delivered in practice in most jurisdictions. The YOA provides for incarceration of young offenders but allows custody to be served in either secure or open settings. Under the act, probation officers have become involved in liaison and case management duties within custody facilities, development of residential services, pre-trial services, development of personal service programs, foster-home programs, extended court services, and development of community programs. Areas of interest not addressed by the YOA include violent crimes by youth, the lack of treatment emphasis, and the problem of offenders younger than 12.