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What's Wrong With YOA Bashing? What's Wrong With the YOA -- Recognizing the Limits of the Law

NCJ Number
149954
Journal
Canadian Journal of Criminology Volume: 36 Issue: 3 Dated: (July 1994) Pages: 247-270
Author(s)
N Bala
Date Published
1994
Length
24 pages
Annotation
The author outlines major criticisms of Canada's Young Offenders Act (YOA) and identifies areas where legal reforms may improve the Canadian juvenile justice system.
Abstract
While the YOA was enacted with the support of all political parties, a perceived rise in juvenile crime has led many to advocate YOA reforms. One trend is toward longer sentences and more juvenile transfers to adult courts. Other proposals include lowering maximum and minimum ages for YOA jurisdiction, making identifying information public, and holding parents accountable for offenses committed by their children. Still others question the extent to which Canada has experienced a real increase in the incidence of youth crime. While political critics challenge the YOA for not being tough enough, mental health professionals often argue that the YOA fails because it does not pay enough attention to rehabilitation. Criticisms of and support for the YOA are discussed that focus on age jurisdiction, due process rights, information sharing, discretion, alternatives to institutionalization, pretrial detention, custody, and transfer to adult court. The YOA is compared to the Juvenile Delinquents Act of 1908. 24 references and 20 notes