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Analysis of Public Support for Severity and Proportionality in the Sentencing of Youthful Offenders

NCJ Number
205344
Journal
Canadian Journal of Criminology and Criminal Justice Volume: 46 Issue: 3 Dated: April 2004 Pages: 327-342
Author(s)
Jody Barber; Anthony N. Doob
Date Published
April 2004
Length
16 pages
Annotation
This study examined public attitudes toward some of the key principles of Canada's new Youth Criminal Justice Act (YCJA), namely, proportionality in sentencing and its relationship to the perception of sentence severity that matches the seriousness of the harm caused.
Abstract
A total of 400 questionnaires were distributed in several neighborhoods in Toronto during May and June 2002. Of the questionnaires distributed, 150 were completed and returned. Two questions asked respondents about proportionality. One asked respondents to indicate their level of agreement with the statement, "The criminal justice system should impose sentences that are proportionate to the severity of the offense." Almost all those who responded to the survey "strongly agreed" or "agreed" with this statement. In the second question, respondents were asked to indicate their preference between having the severity of the sentence determined by focusing on the seriousness of the offense or the circumstances of the juvenile. The two questions were moderately correlated with one another. Three questions related to the respondent's view of youth crime, and two questions related to fear of crime. Four questions focused on views of non-court approaches in responding to juvenile offending, and one question assessed support for the use of the least restrictive alternative in sentencing. Other questions addressed restrictions on the use of custodial sentences, support for the publication of names of juveniles who have offended, support for combining meaningful consequences with rehabilitation, and holding youth accountable as a goal of sentencing. The findings indicate strong support for proportionality in sentencing, particularly among those who view sentencing for juveniles as too lenient under previous Canadian law. The YCJA's emphasis on proportionality and accountability for juvenile offenders may thus please many members of the public; however, provisions that link accountability to rehabilitation priorities and reparation activities and interventions in the community rather than in harsh and lengthy confinements may not receive strong support from those who wish for harsher sentences under the YCJA. 7 notes and 19 references