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YOUNG OFFENDER DISPOSITIONS: PERSPECTIVES ON PRINCIPLES AND PRACTICE

NCJ Number
142313
Editor(s)
L A Beaulieu
Date Published
1989
Length
233 pages
Annotation
These papers derived from a seminar held in 1988 by the Youth and Family Court Committee of the Canadian Association of Provincial Court Judges. In particular, the seminar dealt with changes in the Canadian juvenile justice system wrought by the replacement of the Juvenile Delinquents Act (JDA) by the Youth Offenders Act (YOA).
Abstract
One chapter examines the issue of juvenile dispositions under the YOA and whether or not the new statute is more punitive than its predecessor. The principles of the YOA are reviewed: the reconciliation of adult principles of accountability and protection of society with the special needs of young offenders, the proportionality of punishment, and the role of rehabilitation and treatment of youthful offenders. The principles of sentencing youthful offenders are presented from the viewpoint of the Canadian Courts of Appeal. Another chapter examines the appropriateness of Youth Court Judges having sentencing guidelines and discusses who would initiate the development of such guidelines. Several experts review the issues raised by s.16 applications to transfer an alleged youthful offender to adult court; this is perceived to be the most serious disposition under the YOA. Treatment and rehabilitation issues under the YOA include the requirement for consent, withdrawal of consent, and the implications for youths, service providers, and policymakers. A psychiatrist discusses the issue of secure treatment of young, mentally ill offenders. The final chapter offers some commentaries on the above discussions as well as special topics including prostitutes, native offenders, and mentally disabled