NCJ Number
210871
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 47 Issue: 3 Dated: July 2005 Pages: 481-500
Date Published
July 2005
Length
20 pages
Annotation
This paper compared the sentencing of Aboriginal and non-Aboriginal youth under the Young Offenders Act in Canada.
Abstract
The problem of Aboriginal over-representation in the Canadian criminal justice system has been well-established. Yet despite the recognition of the problem, it continues unabated. The current study examined whether there is discrimination against Aboriginal youth during the sentencing process in Canada by comparing sentencing decisions for Aboriginal versus non-Aboriginal youth. Drawing on 1,321 youth court cases involving Aboriginal and non-Aboriginal juvenile defendants from 5 major cities between April 1999 and March 2000, the analysis compared 3 main sentencing decisions: (1) custodial versus non-custodial sentence imposition; (2) secure custody versus open custody; and (3) length of the custodial sentence. Results of logistic and multiple regression analyses indicated no evidence of discrimination against Aboriginal youth in terms of custodial sentence imposition or secure custody decisions. However, Aboriginal youth were sentenced to longer terms of custodial detention than were non-Aboriginal youth, even when aggravating factors such as criminal history and offense severity were controlled. Future research should examine discrimination at other points in the criminal justice system in order to lend a better understanding of the problem. Tables, notes, references