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Youth in Conflict with the Law, Fourth Edition
By Denise Whitehead, Mark Hunter
Overview
Dealing with young people who come into conflict with the law is one of the most important parts of being a police officer. Now in its fourth edition, Youth in Conflict with the Law provides up-to-date analysis on how police handle young persons, while focusing on new and updated legislation, such as the Canadian Victims Bill of Rights, the Safe Streets and Communities Act, and the Child, Youth and Family Services Act. The authors include new material on issues of race, the Black Lives Matter movement, mental health, ethnicity, and social media.
The book encourages students to consider the problem of youth crime within social contexts, and to recognize the facts that lead youth to enter into conflict with the law. This resource is ideal for college police foundations students across Canada.
Table of Contents
Contents
FOREWORD xi
PREFACE xiii
|| CHAPTER 1: OFFENDING BY YOUNG PEOPLE IN HISTORICAL PERSPECTIVE 1
Introduction 1
Adults and the Law
Youth and the Law
Treatment of Youth in the Criminal Justice System
Youth Crime as a Social Problem
Responses to Youth Crime 8
Institutional Responses
Dissatisfaction with Institutions
The Juvenile Court 12
Changing Perceptions of Youth Establishment of Youth-Focused Courts The Use of Probation
|| CHAPTER 2: LEGISLATION DEALING WITH YOUNG CANADIANS IN CONFLICT WITH THE LAW: A BRIEF HISTORY 21
The Need for Context 21
Challenges of Criminal Law
The Role of Police
The Early Years 22
Legislative History
The Introduction of the Criminal Code of Canada
Responses to Youth Imprisonment
Legislative Responses
Ontario Children’s Protection Act
The Juvenile Delinquents Act 25
Canadian Division of Powers Expansion of Criminal Offences Reliance on Provincial Co-operation Creation of Juvenile Probation Criticism of Juvenile Delinquents Act
The Young Offenders Act 29
End of Status Offences
Key Provisions of the Young Offenders Act
Criticisms of the Young Offenders Act
|| CHAPTER 3: CURRENT LEGISLATION RELATING TO YOUNG PEOPLE 4 4
The Young Person and the Law 44
Constitutional Framework
Federal Powers Provincial Powers Delegation of Powers Doctrine of Paramountcy Incarceration
The Criminal Code of Canada 47
The Canadian Charter of Rights and Freedoms 48
The United Nations Convention on the Rights of the Child 49
The Child, Youth and Family Services Act 49
The Youth Criminal Justice Act and the 2012 Amendments 50
The 2012 Amendments: Safe Streets and Communities Act
Overview of the YCJA and Its Key Provisions
Provincial Legislation
|| CHAPTER 4: YOUTH CRIME: HOW BIG A PROBLEM? 65
Measuring Crime 65
Official Statistics Self-report Surveys Victimization Surveys Other Procedures
Processing Counts of Crime 74
Statistics on Youth Offenders 76
Demographics
What Kinds of Crimes Do Young Offenders Commit? Gender and Crime
What Impact Did the YCJA Have on Crime Rates?
|| CHAPTER 5: PROTECTING YOUNG PEOPLE: CHILD, YOUTH AND FAMILY SERVICES ACT 94
Introduction 94
What Is the Purpose of the Child, Youth and Family Services Act? 95
Definitions: To Whom Does This Act Apply? First Nations, Inuit, and Métis Children Functions of Children’s Aid Societies
Apprehensions: Role and Responsibilities of the CAS 107
Warrants and Apprehension Peace/Police Officer Powers Crown Wardship
Youth Justice 117
Detention Programs or Facilities
Rights of Children and Young Persons in Care
|| CHAPTER 6: ARRESTING AND QUESTIONING YOUNG PERSONS 136
Arresting Young Persons 136
Points to Consider
Who Is a “Young Person”? Basic Rights of the Accused Arrest
Questioning the Young Person 140
Requirement for Proper Procedures
How to Inform Young Persons of Their Rights
Explanations Appropriate to the Young Person’s Age and Understanding
Caution Examples
Notification to Parents 147
Notification of Appearance Notice or Summons
Persons Under 12 Years of Age 149
Duties of the Peace Officer
Other Types of Apprehensions
|| CHAPTER 7: EXTRAJUDICIAL MEASURES 159
Extrajudicial Measures 159
Appropriateness of Extrajudicial Measures
Police 161
Police Discretion
Notes about Extrajudicial Measures
Crown Prosecutors 165
Types of Extrajudicial Measures
Notes about Extrajudicial Measures
Youth Justice Court 167
What Happens to the Charge after Completion of the Extrajudicial Sanction?
Looking Ahead 168
Summary 169
|| CHAPTER 8: PRE-TRIAL DETENTION AND PROCESSING 175
Pre-trial Detention 175
Grounds for Pre-trial Detention
Local Policies and Procedures
How the CCC Applies to the Arrest and Detention of Young Persons
Appearance before a Judge: The Show-Cause Hearing 181
Conditions of Release
Temporary Restraint, Temporary Detention, Secondary Cautions, and Bail 183
Temporary Restraint
Temporary Detention
Secondary Caution to Charged Person
Bail Hearings and Release on Bail
Records 188
Fingerprinting and Photographing
Police Records Government Records Other Records
Period of Access Protection of Privacy Accessibility of Records
Summary: Putting It Together 195
|| CHAPTER 9: THE YOUTH JUSTICE COURT: THE TRIAL AND SENTENCING 213
Jurisdiction: Youth Justice Court 213
The Main Players
Pre-trial and Trial Matters before the Court 219
Stages and Phases in Court Proceedings
How Does Youth Court Compare to Adult Court?
Sentencing 225
Purpose and Principles of Sentencing
Information Gathering: Determining What Is Best for the Youth
Youth Sentencing Options 230
In-court Sanctions Community-based Sanctions Statistics on Sentencing Custody and Supervision
|| CHAPTER10: CUSTODY AND SUPERVISION 258
Custodial Provisions 258
Levels of Custody
Terms of Custody
Youth Correctional Statistics in Canada 261
Indigenous Youth Length of Stay Relationship Custody
Extraordinary Measures While in Custody
Review of Sentences
Re-integrative Leave Conditional Supervision Custodial Alternatives
Conclusion 273
|| CHAPTER 11: THE CRIMINAL JUSTICE SYSTEM: ITS OBJECTIVES AND THE PLACE OF RESTORATIVE JUSTICE 280
The Objectives of the Criminal Justice System 280
Restraint
Retribution
Specific Deterrence General Deterrence Symbolism Rehabilitation
Restitution
Summary
Youth Criminal Justice System 285
Restraint
Retribution
Specific/Individual Deterrence
General Deterrence Symbolism Rehabilitation
Restitution
Focus on Reintegration and Restoration
Restorative Justice in Canada 287
Restorative Justice: An Indigenous Tradition
Restorative Justice and Youth in Conflict with the Law
|| CHAPTER12: INTERACTION: YOUNG PEOPLE AND THE POLICE 301
Young People and the Police 301
Attitudes Toward the Police 302
Age
Social Class
Race and Ethnicity Misunderstanding Adversarial Contact Enhancing the Image
Dealing with Young People 313
Special Circumstances 314
Child Endangerment
Children Who Are Out of Control
Young People with Mental Health Issues 318
Dealing with Gangs
Bullying and Cyberbullying: The Impact of Social Media 327
How Social Media Is Transforming Youth Crime
APPENDIX: YOUTH CRIMINAL JUSTICE ACT 342
GLOSSARY 392
REFERENCES 405
INDEX 412